1240LP22R0002.pdf

1240LP22R0002 Weed Inventory & Management IDIQ San Juan National Forest Page 2 of 66

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule

Base Year Pagosa Ranger District (Tentatively June 1, 2022 through May 31, 2023) Work Item

Sub item/Description Unit of measure

Unit Price

Motorized Areas – Non-linear (i.e. Meadows)

0001A Inventory and Treatment Acre

0001B Inventory Only Acre

Motorized Area – Linear (i.e. Trails) 0002A Inventory and Treatment Mile

0002B Inventory Only Mile

Non-Motorized Areas – Non-linear (i.e. Meadows)

0003A Inventory and Treatment Acre

0003B Inventory Only Acre

Non-Motorized Area – Linear (i.e. Trails) 0004A Inventory and Treatment Mile

0004B Inventory Only Mile

Base Year Columbine Ranger District (Tentatively June 1, 2022 through May 31, 2023)

Work Item

Sub item/Description Unit of measure

Unit Price

Motorized Areas – Non-linear (i.e. Meadows)

0001A Inventory and Treatment Acre

0001B Inventory Only Acre

Motorized Area – Linear (i.e. Trails)

0002A Inventory and Treatment Mile

0002B Inventory Only Mile

Non-Motorized Areas – Non-linear (i.e. Meadows)

0003A Inventory and Treatment Acre

0003B Inventory Only Acre

Non-Motorized Area – Linear (i.e. Trails)

Base Year Dolores Ranger District (Tentatively June 1, 2022 through May 31, 2023)

Work Item

Sub item/Description Unit of measure

Unit Price

Motorized Areas – Non-linear (i.e. Meadows)

0001A Inventory and Treatment Acre

0001B Inventory Only Acre

Motorized Area – Linear (i.e. Trails)

0002A Inventory and Treatment Mile

0002B Inventory Only Mile

Non-Motorized Areas – Non-linear (i.e. Meadows)

0003A Inventory and Treatment Acre

0003B Inventory Only Acre

Non-Motorized Area – Linear (i.e. Trails)

San Juan National Forest Page 3 of 66

Option Year 1 Pagosa Ranger District Tentatively June 1, 2023 through May 31, 2024 Work Item Sub item/Description Unit of measure Unit Price

Motorized Areas – Non-linear (i.e. Meadows)

0001A Inventory and Treatment Acre

0001B Inventory Only Acre

Motorized Area – Linear (i.e. Trails)

0002A Inventory and Treatment Mile

0002B Inventory Only Mile

Non-Motorized Areas – Non-linear (i.e. Meadows)

0003A Inventory and Treatment Acre

0003B Inventory Only Acre

Non-Motorized Area – Linear (i.e. Trails)

0004A Inventory and Treatment Mile

0004B Inventory Only Mile

Option Year 1 Columbine Ranger District Tentatively June 1, 2023 through May 31, 2024 Work Item Sub item/Description Unit of measure Unit Price

Motorized Areas – Non-linear (i.e. Meadows)

0001A Inventory and Treatment Acre

0001B Inventory Only Acre

Motorized Area – Linear (i.e. Trails)

0002A Inventory and Treatment Mile

0002B Inventory Only Mile

Non-Motorized Areas – Non-linear (i.e. Meadows) 0003A Inventory and Treatment Acre

0003B Inventory Only Acre

Non-Motorized Area – Linear (i.e. Trails)

Option Year 1 Dolores Ranger District Tentatively June 1, 2023 through May 31, 2024

Motorized Areas – Non-linear (i.e. Meadows)

0001A Inventory and Treatment Acre

0001B Inventory Only Acre

Motorized Area – Linear (i.e. Trails)

0002A Inventory and Treatment Mile

0002B Inventory Only Mile

Non-Motorized Areas – Non-linear (i.e. Meadows) 0003A Inventory and Treatment Acre

0003B Inventory Only Acre

Non-Motorized Area – Linear (i.e. Trails)

San Juan National Forest Page 4 of 66

Option Year 2 Pagosa Ranger District Tentatively June 1, 2023 through May 31, 2024

Motorized Areas – Non-linear (i.e. Meadows)

0001A Inventory and Treatment Acre

0001B Inventory Only Acre

Motorized Area – Linear (i.e. Trails)

0002A Inventory and Treatment Mile 0002B Inventory Only Mile

Non-Motorized Areas – Non-linear (i.e. Meadows)

0003A Inventory and Treatment Acre

0003B Inventory Only Acre

Non-Motorized Area – Linear (i.e. Trails)

0004A Inventory and Treatment Mile 0004B Inventory Only Mile

Option Year 2 Columbine Ranger District Tentatively June 1, 2023 through May 31, 2024 Work Item Sub item/Description Unit of measure Unit Price

Motorized Areas – Non-linear (i.e. Meadows)

0001A Inventory and Treatment Acre

0001B Inventory Only Acre

Motorized Area – Linear (i.e. Trails)

0002A Inventory and Treatment Mile

0002B Inventory Only Mile

Non-Motorized Areas – Non-linear (i.e. Meadows)

0003A Inventory and Treatment Acre 0003B Inventory Only Acre

Non-Motorized Area – Linear (i.e. Trails)

Option Year 2 Dolores Ranger District Tentatively June 1, 2023 through May 31, 2024

Motorized Areas – Non-linear (i.e. Meadows)

0001A Inventory and Treatment Acre

0001B Inventory Only Acre

Motorized Area – Linear (i.e. Trails)

0002A Inventory and Treatment Mile

0002B Inventory Only Mile

Non-Motorized Areas – Non-linear (i.e. Meadows)

0003A Inventory and Treatment Acre

0003B Inventory Only Acre

Non-Motorized Area – Linear (i.e. Trails)

San Juan National Forest Page 5 of 66

Description of Work

1. SCOPE

The scope of the work provides for both recurring and new noxious weed control work. With more uncertainty in federal budget timelines and a declining discretionary budget, it is imperative that the Forest Service be able to efficiently manage priority noxious weed species populations within its funding constraints. The majority of the work shall include inventory and treatment along roads, timber sale areas, trails, and powerline R.O.Ws, although other project areas such as meadows, wildfire areas, trailheads, facilities, wilderness areas, and dispersed camping areas could also be offered. (Non-motorized access could include areas that prohibit motorized travel and may or may not be in wilderness areas).

The Contractor shall furnish all labor, equipment, transportation, supervision, supplies (except those designated as Government- furnished), incidentals, and perform all work necessary to conduct noxious weed control in compliance with terms, specifications, conditions, and provisions of this solicitation and any resultant contracts. Information shall be collected as outlined in the San Juan Public Lands (SJPLC) Noxious Weeds Users Guide.

A. This contract is a Performance Based, Indefinite Delivery, Indefinite Quantity (IDIQ) Contract with a base year and two (2) optional year renewal periods.

B. Specific locations, maps, and number of acres/miles for each area will be provided with the task order.

C. The number of acres/miles to be treated and/or inventoried each year will vary. The performance period will be from approximately May to October each year of the contract.

D. Samples of the Electronic Data Templates that will be used in conjunction with this contract are available in .zip format upon request.

2. GOVERNMENT FURNISHED PROPERTY

The property and services that will be provided by the Government are as follows:

Government Furnished Property/Services, Data, Requirements, etc.

Quantit y

Where, When, How to be Furnished to Contractor

Area Maps

Varies Separate attachments (includes detailed maps of individual bid items within project areas) will be provided with each task order

Noxious Weed Users Guide 1 Separate attachment Data Dictionary compatible with Trimble GPS unit, Terra sync software

1 Contact CO for current data dictionary/Software

Current San Juan NF Noxious Weed Inventory

1 Contact CO for current data

Electronic Data Templates 1 Contact CO for current data templates

San Juan National Forest Page 6 of 66

Use of Premises permits may be required for contractor’s camp if it exceeds local occupation time limit of 16 days. All maps, aerial photos, and other unused Government-furnished items shall be returned to the Government upon completion of the job or upon request of the Contracting Officer. Replacement cost for any lost, damaged, or unused Government property that is not returned, shall be deducted from the Contractor’s final payment.

3. CONTRACTOR FURNISHED CRITICAL ITEMS/SERVICES

Description

GPS equipment, computer and software capable of meeting specifications shown in the current Noxious Weed Users Guide.

Inventory Plan and Work Schedule.

Communications and Safety Plans when required

Contractor shall furnish all supplies, labor, and materials other than those listed as being provided by the government.

4. ACCESSIBILITY

A. Accessibility:

The Contractor shall ensure all necessary permission has been obtained to gain access to locations.

If the Contractor cannot obtain permission to access a location, the Contractor must notify the Government in writing.

Accessibility may be determined from maps and digital ortho-quads which will be furnished by the Forest Service. Contractor shall be responsible for adhering to the USDA Forest Service travel management plan, including yearlong or seasonal closures to motor vehicles, unless authorization is obtained. Maps and photos may indicate that a road goes to the location; however, vehicle access may be difficult or restricted. Locations may necessitate that Contractor walk the area or acquire some other means of travel.

Most roads are typically accessible between the months of May through October, though high clearance vehicles may be necessary on some roads. A four-wheel drive, high clearance vehicle is recommended.

The Government assumes no responsibility to maintain roads in a passable condition.

5. RESOURCE PROTECTION CONDITIONS

Contractors are expected to respond to sensitive resource conditions, i.e. walk areas where road conditions are poor/wet. The Forest Service will identify known areas on each task order.

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6. TREATMENT PLAN AND SCHEDULE

The Contractor shall prepare a treatment plan and schedule that demonstrates that work will be completed within the performance period described in Section F. The Contractor shall provide a general plan with the technical proposal. The plan and schedule shall be supplemented specific to each issued task order before work starts.

The Contractor shall advise the Contracting Officer of any periods that the Contractor will not be working that is not specified in the accepted Treatment Plan.

The Contractor may update the work plan when work is in progress and submit for approval to the Contracting Officer.

7. STANDARDS

The services covered in this contract are generally for noxious weed inventory, treatment (Colorado Class A, B, designated C and State watch-out species), and/or monitoring of noxious populations located on the San Juan National Forest. Generally, and unless recent inventory work has taken place, inventory and treatment would be conducted at the same time. Any Colorado Class A noxious weed species encountered outside the inventory area will also be mapped and included in submitted survey data. Class A noxious weeds will be entered as “primary” species in the data dictionary regardless of infestation size.

Project work could be located both within and outside wilderness areas. Project work located within wilderness areas would only be accessed via foot or horseback and will be identified, as applicable, within each task order. Project work located outside of wilderness areas will generally be accessible via motor vehicle in addition to foot or horseback.

The contractor shall be required to:

B. Inventory and record noxious weed sites in accordance with current version San Juan Public Lands

(SJPL) Noxious Weeds Users Guide, as amended (separate attachment) of this solicitation. The following items are required in order to perform noxious weed inventories:

1. Trimble or comparable GPS unit capable of loading and using San Juan National Forest noxious weed data dictionary (.ddf) and/or ArcGIS files. Concurrent GPS software.

2. Computer with hardware capacity to run ArcGIS software and to convert GPS data into ArcGIS layers.

3. ArcGIS software (ESRI) for aggregating exported GPS files into ArcGIS layers.

4. Knowledge and understanding of the requirements of the San Juan Noxious Weed Users Guide.

5. Ability to identify noxious weeds, determine dominant species, analyze trends and to organize and enter electronic data. Knowledge of GPS and ArcGIS accuracy and standards.

San Juan National Forest Page 8 of 66

C. The contractor shall submit inventory data in the specific data format of the SJPLC noxious weeds Geodatabase. The database is an ESRI ArcGIS personal geodatabase. The database contains the spatial and tabular data. Many data elements are required. Provide GPS logs and ArcGIS data of first week’s work to the Contracting Officer Representative (COR) for validation within one (1) week after completing the work.

D. In order to meet national Forest Service reporting timelines, the contractor will be required to submit a current geodatabase no later than September 15th to the Contracting Officer Representative. Work completed after that time shall be submitted via a current geodatabase no later than November 15th of each performance year. Monthly reporting will be required for task orders exceeding thirty day performance periods.

E. Provide a Work Schedule, to be incorporated into the contract, showing prioritization, how and where work and will be performed as described in this solicitation. Changes to the Work Schedule may be necessary due to environmental changes that may occur during the life of this contract. These changes will be discussed and approved by the Contracting Officer prior to the changes taking place.

The Work Schedule shall cover at a minimum the following items:

1. Description of your inventory methods for locating noxious weeds in the project area, and your logic and rationale behind your inventory methods

2. GPS (or electronic) verification of areas traveled

3. Schedule of electronic data submissions

4. Communications plan – both internal and with the Forest Service

5. Safety Plan (includes communications)

F. Furnish all labor, material, equipment, supervision, transportation, and other incidentals necessary to inventory noxious weeds.

Noxious weeds are defined as those listed on Colorado State Noxious Weed List and includes the State’s watch species lists. Anticipated noxious weeds within project areas are: houndstongue, Canada thistle, musk thistle, bull thistle, Dalmatian and yellow toadflax, small whitetop, Russian and spotted knapweed, and oxeye daisy. However, additional noxious weed species may be present other than the anticipated species listed above.

G. Contractor is required to inventory all species listed on Colorado

Noxious Weed list at https://ag.colorado.gov/conservation/noxious-weeds/species-id https://ag.colorado.gov/conservation/noxious-weeds/species-id https://ag.colorado.gov/conservation/noxious-weeds/species-id

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Inspection and Acceptance

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

(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may –

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

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E.1 TREATMENT PLAN AND CONTRACTOR QUALITY CONTROL

The contractor shall provide a general Treatment and Quality Control Plan (QCP) with the technical proposal. The Contractor shall supplement the plans within 10 days before start work based on the items awarded to the Contractor.

The plans must demonstrate how the Contractor will assure quality and meet the requirements and specifications of the contract. It shall describe how treatment and quality will be performed and monitored, for both motorized and non-motorized areas, to assure that the work will meet the standards.

E.2 INSPECTION AND ACCEPTANCE

A. Compliance Inspection

The CO will, by formal review, determine if the specified progress and methods of work are being carried out.

Failure to comply with specified work standards may be cause for termination of the Contractor’s right to proceed.

B. Inspection of Work

The Forest Service shall inspect the treatment areas to determine compliance with contract specifications and to provide a basis for payment.

Completed work, consisting of any required paper forms and electronic data, shall be turned in for inspection in areas and/or miles. Inspection shall only be made on completed work. When electronic data is provided, the inspection shall be based on a printout of the electronic data.

On the basis of the approved work schedule, the Government shall make the compliance inspection of each completed area within 14 calendar days, but no earlier than 7 days, without cost to the Contractor. No charge will be made for the first rework inspection. Thereafter, any contract re-inspection required shall be at the Contractor's expense. Re- inspection charges may include but are not limited to: inspector's wages for travel time to and from work site; inspector's wages to re-inspect; per diem cost (meals, lodging, field costs); COR wages; and vehicle use rate and mileage.

C. Rework of Unacceptable Work

The Government reserves the right to require rework of unacceptable treatment or inventory areas. Upon written notification by the CO that an area is unacceptable, the Contractor may be required to complete and submit rework before beginning work on another area. The Government will specify rework requirements for each unacceptable area. In the case of data errors, the Government can require that they be corrected.

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Performance

52.242-15 Stop-Work Order. (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either -

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

452.211-75 Effective Period of the Contract. (FEB 1988)

The effective period of this contract is from approximately June 1, 2022 through May 31, 2025.

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F.1. DELIVERIES

A. Contract Performance Time and Required Rate of Progress

The Contractor shall maintain progress at a rate that will assure completion within the performance period.

The minimum acceptable rate of progress will be calculated by dividing the total units of work for each item by performance time specified.

B. Contract Time

The Contractor shall start work promptly after receipt of a Notice to Proceed. The Contractor shall maintain progress at a rate that will assure completion within the stated contract time. The contract time specified in each Task Order will generally not exceed a required rate of progress exceeding that determined from the accepted work plan.

Task Orders period of performance may extend past the expiration of this contract with all the terms and conditions of this contract remaining in full force until the Task Order expires.

The Government will issue A Notice to Proceed as soon as weather and ground conditions are favorable for work on one or more of the areas. Contract time will start (1) on the date specified on the Notice to Proceed, if the notice is hand- delivered or emailed; Or (2) Contract Time will start on the third day after the post office has issued a Notice of Certified Mail to the Contractor; Or (3) Contract Time will start when work commences, whichever is sooner. Failure of the Contractor to pick-up Certified Mail will not be considered excusable.

C. Unfavorable Conditions

It is estimated that adverse weather conditions may in some cases prevent data collection by obscuring visibility or preventing access to the treatment locations. When such conditions make work impracticable and with written request by the contractor, the Contracting Officer may suspend work with no charge against contract time. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm that order in writing. The count of contract time will resume on the day indicated by the Contracting Officer. If the Contractor cannot be reached at the phone number provided or the Contractor fails to contact the Contracting Officer a written Resume Work Order will be mailed, and count of contract time will resume on the date specified in the order.

F.2. PERFORMANCE SUMMARY

The following describes the major items in the contract with the incentives and deductions for the work described.

Work Statement Performance Standard Goverment Method of Assessment

Treatment Plan and Schedule Work meets schedule as per the accepted treatment plan.

Treatment or inventory completed to meet timeframes.

COR and inspector conduct periodic monitoring.

Government inspection completed to meet timeframes.

Electronic Data Transfer of Polygon data into a Geographic Information System (GIS) using ArcGIS

Receipt within 15 days of inventory.

Data conforms to specification

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Contract Administration Data AGAR 452.215-73 Post award

Conference. (NOV 1996)

A post award conference with the successful offeror(s) is required. It will be scheduled within ten (10) days after the date of contract award. The conference will be held at: The San Juan Public Lands Building, 15 Burnett Court, Durango, CO 81301.

G.1. INVOICES

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S.

Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm

Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

1. Payments

a. Payments will be made on the number of acres and/or miles if treatment and/or inventory has been accepted. Payment may be made for partially completed task orders as determined by the Government. No payment will be made for unacceptable work.

2. Deductions - Deductions from payments will be made for the following conditions:

a. Replacement cost for any lost, damaged or unused Government property that is not returned will be deducted from the Contractor's final payment at the following rates:

• Yale Key - $200 per key

b. Re-inspection costs will also be deducted for any treatment area that was reworked

(other than the first re- inspection).

G.2. FOREST SERVICE REPRESENTATIVES

A Contracting Officer Representative shall be appointed for this contract upon award. His/her delegated authority and responsibilities shall be defined on a delegation letter issued after contract award. This delegation shall also contain his or her contact information.

G.3 CONTRACT ADMINISTRATION DATA

1. Contract Award. 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.

2. Notice to Proceed. The Contractor shall commence work upon receipt of a properly executed Notice to Proceed.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

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3. Changes. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract the said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

4. Unauthorized Instructions from Government or Other Personnel. The Contractor shall not accept instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer, or the authorized representative of the Contracting Officer acting within the limits of his/her authority.

5. Designation of Contracting Officer’s Representative (COR). Designation will be made upon contract issuance of task order(s) and a copy of the designation letters will be furnished to the Contractor. Limits of authority are described in each designation letter.

6. Designation of Authorized Representative of the Contractor. The Contractor shall assign a member or employee who will act as Project Manager during the course of this contract or during the course of this project. The official shall be responsible for affording liaison between the contract forces and the contracting offices. This designation shall be in writing and a copy furnished to the Contracting Officer.

G.4 TASK ORDERS: The Contracting Officer (CO) or designated Administrative Contracting Officer (ACO) shall submit an executed task order to the Contractor. All work will be ordered by Firm-Fixed Price TASK ORDERS (TO) at the prices listed on the Schedule of Items through the Base Period and each Option Year exercised. Task orders will be competed among the awardees and evaluated based on a best value determination. The price may change only by a written modification to the task order signed by the Contracting Officer and the Contractor but in no event shall exceed the prices in the contract schedule of items. The Contractor shall schedule work to minimize impact on road use when possible.

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SECTION C - CONTRACT CLAUSES

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

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

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

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1

(AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C 4712 and 10 U.S.C 2409 10 U.S.C.

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

52.212-5 Contract Terms and Conditions – Commercial Products and Commercial Services (JAN 2022)

(DEVIATION JUL 2020)

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

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

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

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

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

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

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

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(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 products and commercial services:

[Contracting Officer check as appropriate.] ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.

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

☐ (5) [Reserved].

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41

U.S.C. 2313).

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C.657a).

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021)

15 U.S.C. 657a).

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

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

☐ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Sep 2021) of 52.219-9.

☒ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☐ (ii) Alternate I (MAR 2020) of 52.219-13

☐ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

San Juan National Forest Page 17 of 110

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15

U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

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

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (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).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

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

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

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

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

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

☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

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

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (36) 52.222-54, Employment Eligibility Verification (Nov 2021). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

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☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

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

13513).

☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

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

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (DEVIATION JUL

2020) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

☐ (iii) (ii) Alternate II (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

☐ (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).

☐ (52) 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).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov

2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41

U.S.C.4505, 10 U.S.C.2307(f)).

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

U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul

2013) (31 U.S.C.3332).

☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement

San Juan National Forest Page 19 of 110 provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

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

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

chapter 67).

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

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

Employee Class Monetary Wage - Fringe Benefits

GS 5 - Forestry Technician $19.61 plus fringe benefits ** GS 7- Supervisor Forestry Technician $24.30 plus fringe benefits **

**Fringe Benefits: Life, Accident and Health Insurance and Sick Leave Programs - 5.1 percent of basic hourly rate. Paid Holidays - 10 per year: New Year's Day, Martin Luther King, Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. Vacation - 13 days paid vacation per year up to 3 years of service, 20 days after 3 years of service, and 26 after 15 years of service. Retirement - 7 percent basic hourly rate.

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

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

☐ (5) 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).

☐ (6) 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).

☒ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Jan 2022).

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

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

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

San Juan National Forest Page 20 of 110 appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

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

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

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

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

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

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

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

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

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

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

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O

13627).

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

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

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

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

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

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

San Juan National Forest Page 21 of 110

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C.

55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Jun 1, 2022 through May 31, 2025.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract.