1240LP24R0003-Prairie Dog Management IDIQ.pdf
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- Solicitation number
- 1240LP24R0003
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This document is a Request for Proposal (RFP) for an Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract to provide prairie dog control services within the Nebraska National Forests and Grasslands (NNFG). The primary objective is to conduct plague mitigation on prairie dog colonies through the application of pre-bait and Zinc Phosphide poison bait to active burrows. The contract has a 5-year ordering period from 2024-2029.
The Department of Agriculture Forest Service, Region 2 - Rocky Mountain Region is issuing this solicitation. Multiple awards are anticipated, with the best value determination based on technical capability, past performance, and price. Offerors must submit a technical proposal, past performance information, and price schedule. Responses are due by August 2, 2024 at 2:00 PM MST. The guaranteed minimum for the contract is $1,000, with a maximum of $200,000 per individual task order and an overall ceiling of $970,000. Work will be conducted across four Ranger Districts located in Nebraska and South Dakota.
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
40LP
OGDEN UT 84401-2310
324 25TH ST
USDA-FS CSA INTERMOUNTAIN 4
65T0 CODE 16. ADMINISTERED BYCODE
X
X
X
561710
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR40LP
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
08/02/2024 1700 MT
07/08/2024
CURTIS LANDRETH
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
1240LP24R0003
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 361126869OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
CHADRON NE 69337
125 N MAIN ST
NEBRASKA NATIONAL FOREST
15. DELIVER TO
OGDEN UT 84401-2310
324 25TH ST
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$17.5
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
USDA-FS CSA INTERMOUNTAIN 4
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Nebraska National Forests and Grasslands
Prairie Dog Managment- IDIQ Period of Performance: 09/01/2024 to 08/31/2029
0001 CON NNFG Prairie Dog Control IDIQ
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
DATED
CURTIS R. LANDRETH
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
1240LP24R0003
Nebraska National Forest Prairie Dog Plague Management IDIQ
Table of Contents
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
SECTION C--DESCRIPTION/PERFORMANCE WORK STATEMENT…
SECTION D--PACKAGING AND MARKING
SECTION E--INSPECTION AND ACCEPTANCE
SECTION F--DELIVERIES OR PERFORMANCE
SECTION G--CONTRACT ADMINISTRATION DATA
SECTION H--SPECIAL CONTRACT REQUIREMENTS
PART II--CONTRACT CLAUSES
SECTION I--CONTRACT CLAUSES
PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
SECTION J--LIST OF ATTACHMENTS
PART IV--REPRESENTATIONS AND INSTRUCTIONS
SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND
SECTION L--INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR
RESPONDENTS
Submissions Due: All responses packages prepared in response to this solicitation must be submitted by 2:00 PM MST on August 2, 2024. Partial and late packages will be rejected. All proposals shall be received by the submission date and time to email address as follows;
curtis.r.landreth@usda.gov
Questions Due: All questions for this solicitation must be sent to Curtis Landreth, Contract Specialist, at curtis.r.landreth@usda.gov no later than 4PM EST Time on July 24, 2024.
Questions received after that time will be addressed at the Government’s discretion.
All questions submitted on or before the above due date will be compiled and the government will submit an amendment to this solicitation; the amendment will address any questions received from contractors regarding this requirement.
Part I – The Schedule
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
This is an Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract with a Period of Performance (PoP) of 5 years from the date of contract award. The Period of Performance is a five-year ordering period (base with four option years).
Proposals shall be valid for 60 days after the date of receipt for the solicitation. If additional time is needed, an extension will be requested. Refer to Section L for instructions on preparing your proposal and pricing.
There are four Ranger Districts located on the Nebraska National Forests and Grasslands under this IDIQ.
The Ordering Periods above establish date limits for the issuance of individual project Task Orders (TOs). Actual performance periods for completion of work included in individual project TOs may extend beyond these dates. See Section F.
mailto:curtis.r.landreth@usda.gov
The actual value of each contract is based on the cumulative amounts of Individual Project Task Orders and any modifications to them.
Schedule Notes:
a) This solicitation is for multiple awards for Prairie Dog Control services within the Nebraska National
Forests and Grasslands of the US Forest Service. Work is described in the following Attachments. The Forest Service intends to award Multiple contracts from this solicitation. Award will be made to the best value to the Government based on technical factors, consideration of other non-price factors, and price, and offers that are determined responsible and responsive to this solicitation.
b) 452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) - During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $1,000, but not in excess of $200,000.
c) The Contractor shall furnish all labor, equipment, supervision, transportation, supplies (except those designated as Government-furnished) and incidentals, to perform all work necessary for prairie dog control.
d) The guaranteed minimum for which all Awardees will be compensated is $1,000.00. All Awardees will be given an order of the minimum to satisfy the guarantee.
NOTE: Contractor MUST be registered in https://www.sam.gov.
SECTION C - PERFORMANCE STATEMENT OF WORK (PWS)
General Information
In 2002, the new Nebraska National Forests and Grasslands (NNFG) Land and Resource Management Plan (LRMP) and Record of Decision (ROD) provided programmatic direction for conserving and managing black-tailed prairie dogs on the national forests and national grasslands in that project area. This direction primarily covered the use of rodenticide to reduce or eliminate prairie dog populations posing health and safety risks or causing damage to facilities. Though helpful, this analysis did not cover the larger issue of prairie dog colonies from national grasslands encroaching onto private or tribal agricultural lands. In 2005, a prairie dog analysis was completed for the boundary areas on the national grasslands of the NNFG to address the encroachment issue, and the forest plan was amended to reflect the new decision. This decision allowed additional rodenticide use in designated boundary management zones on the national grasslands to treat areas where prairie dog colony encroachment onto private or tribal agricultural lands from the national grasslands was present or eminent within 2 years. In 2008, a second prairie dog analysis and a corresponding forest plan amendment was completed. The 2008 management decision further expanded the potential for rodenticide use on interior management zones of the national grasslands of the NNFG to maintain a given range of prairie dog acres within a Geographic Area (GA) and to maintain or move toward a desired vegetation cover, protect topsoil, and prevent the potential establishment of noxious and invasive species.
Prairie dogs continue to be a controversial topic on the NNFG and the need to do some level of species control is an annual task.
See attached Performance Work Statement treatment details.
https://www.sam.gov/
SECTION D -- PACKAGING AND MARKING
{No clauses in this section.}
SECTION E -- INSPECTION AND ACCEPTANCE
E.1 FAR 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)
E.2 Contractor Self Inspection:
A. The contractor shall conduct self-inspections (QCP) on all aspects of work, collection of data, mapping, and data submittal. The field inspections shall be spread throughout the project area. For all submitted data, the contractor shall provide the Government with an acceptable method of self-inspection. This method shall be accepted and approved by the Government prior to the Notice to Proceed being issued.
At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance.
The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.
The self-inspection process for treated areas shall be documented and submitted on a weekly basis after the Notice to Proceed occurs, and be representative of a treatment area.
The QCP shall specify:
1. How quality will be monitored to assure performance standards are met.
2. How the work will be supervised.
3. How results of the monitoring will result in quality performance.
4. Identify the personnel responsible for performing quality control.
B. Contractor Quality Control Inspection. The Contractor shall assure themselves that performance meets contract specifications, in accordance with clause FAR 52.212-4, Contract Terms and Conditions – Commercial Items, paragraph (a), Inspection/Acceptance prior to requesting the Government to inspect for payment or acceptance.
E.3 Government Inspection and Acceptance:
A. Government Quality Assurance Inspection. The Government will, at its convenience, make periodic inspections of the work to assure itself of contract compliance and to perform Quality Assurance Inspections to determine if the Contractor is performing quality control in accordance with its QCP and that the Contractor monitoring results in quality performance are within the contract objectives. The Government will assure quality is being met through plots and visual inspections as stated in Section 6.2 - PRS. Inspections will determine both the adequacy of coverage and rate of dust application. A determination of acceptance will be based on percent burrows dusted and dusting application rate meeting the AQL.
B. Acceptance. Acceptance of the work under the contract will be made after Government inspection and the Contracting Officer has made the determination of satisfactory compliance with the specifications. All required contract specifications shall be satisfactorily completed in each unit before acceptance will be made. Acceptance will not be made for segments broken by unacceptable portions of work.
C. Rework and Reinspection after Rework. If the contractor fails to meet the minimum AQL, the contractor shall rework the area. The Government will conduct an inspection and up to one re-inspection for each area. Anytime more than two inspections are required per area, the contractor will be accessed for additional inspections which will include mileage and hourly rate of Inspector or Inspectors. If follow-up inspections indicate that the minimum AQL was not met, the work will be deemed unsatisfactory and a deduction in payment will result (Section G-6).
SECTION F -- DELIVERIES OR PERFORMANCE
F.1 SUSPENSION OF WORK
Whenever the Contracting Officer determines that the temperature, humidity, soil moisture, plant moisture stress, winds, or combination of these and other physical conditions have become unsuitable for project to continue in any area, the Contractor shall move the work force to another area(s) prescribed by the Contracting Officer. When no other area is available, the Contracting Officer will issue a suspend work order for the task order and contract time will stop for that item. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm the resumption in writing. Contract time will resume on the effective work resumption date. In all cases, the Contractor shall resume work within 3 calendar days after the effective work resumption date.
It is the Contractor's responsibility to keep the Contracting Officer currently advised as to where the Contractor or the Contractor's Representative may be reached by telephone during periods of work suspension. If the Contractor cannot be reached at the telephone number provided, or if the Contractor fails to leave a number, a written resume work order will be mailed and contract time will resume on the date specified on the resume work order.
F.2 FAR 52.242-15 Stop Work (AUG 1989) F.3 FAR 52.242-17 Government Delay of Work (APR 1984)
F.4 AGAR 452.211-75 EFFECTIVE PERIOD OF CONTRACT (FEB 1988)
The effective period of this contract is from date of award through the period specified below:
Period Individual Project Ordering Period Performance Period
Award date through 5 years
Task Orders issued prior to the end of the current Ordering Period may provide for work under those Task Orders to be completed at a later date. In order to allow reasonable time for actual work, specific project performance periods may extend beyond the Ordering Period by 12 months or no longer than 5 years.
Performance time for all Task Orders will run concurrently within the contract period unless an exception is established by mutual agreement.
*Individual TOs may require much shorter completion periods. The dates shown above are for the purpose of providing a “latest date” limitation under the contract.
SECTION G -- CONTRACT ADMINISTRATION DATA
G.1 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE
The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.
The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.
The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract).
On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer.
Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits.
Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.
The COR's major duties and responsibilities are contained in the Forest Service Handbook of Contract Administration. The COR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:
1. Approve Change Orders and Modifications
2. Take action to terminate the contract for default or Government convenience.
3. Make contract adjustments under the Differing Site Conditions clause.
4. Grant extensions of contract time.
5. Approve assignment of claims.
6. Make final decisions under the Disputes clause.
7. Make final acceptance under the contract.
8. Make final decisions under the Suspension of Work clause.
9. Make equitable adjustments.
10. Authorize change in amount of Payment Retention.
11. Approve subcontractors.
12. Approve payments with deductions or final payment.
13. Approve use and possession prior to completion.
14. Enforce the warranty provisions.
G.2 CONTRACTOR’S REPRESENTATIVE
The Government may, at its option, suspend work with full count of contract time continuing, if the Contractor fails to provide a Contractor's Representative (1) conversant in the English language and (2) able to read and understand the contract.
G.3 AGAR 452.215-73 Post award Conference. (NOV 1996)
(a) A post award conference with the successful offeror is required. It will be scheduled within 15 calendars days of award.
(b) The conference will be held at: Microsoft Teams Meeting.
G.4 SCHEDULES FOR SERVICE CONTRACTS
If Contractor's progress falls behind progress work schedule, the Contractor shall take such action as necessary to improve his progress; in addition, the Contracting Officer may require Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.
Contractor shall schedule work to allow enough time for final inspections and any possible reworks to be completed by the contract end date.
G-5 PAYMENT
Payment will be made upon completion of each prairie dog colony, sub-colony or a combination of colonies and meeting or exceeding the AQL. Upon acceptance, the Government will pay the per-acre rate for the amount of acres treated according to the sum of the daily GPS acres treated. Payment will be determined on the service less any deductions for any nonconforming or unacceptable performance. See Section G-6 Deductions for further explanation.
A signed payment certification must accompany your invoice for payment to be authorized. See Section J.
G-6 DAMAGES
If the Contractor does not complete the work within the designated contract time, actual excess costs will be assessed, such as - but not limited to, additional COR and Inspector time and travel.
The costs associated for re-inspections are: COR Rate - $50.00/hour roundtrip plus mileage at $0.55/mile roundtrip.
G.6. 1 - Daily data sheets: Upon completion of dusting a colony the contractor will submit the daily sheets as part of the payment process. Any sheets not filled-out correctly will be given back to the contractor to correct.
Once all sheets are 100% correct then the contractor will be paid for that particular colony.
G-7 NOTIFICATION OF SUBCONTRACTING
The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:
a) The name, address and telephone number of the subcontractor.
b) The date upon which the subcontract was entered into and its duration.
c) A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.
d) Documentation of the subcontractor's representative authority.
Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.
G-8 NOTICE TO PROCEED
A Notice to Proceed will be issued in writing by the Contracting Officer or Contracting Officer's Representative (COR). No work shall begin until receipt of this notice. Supplies should not be purchased prior to the Notice to Proceed or the Contractor will not be reimbursed in the case of a Termination of the contract. Contract time shall commence on the day indicated on the Notice to Proceed.
G-9 PROCESS FOR REQUESTING INDIVIDUAL PROJECT PROPOSALS AND
AWARDING TASK ORDERS
a) After award of the Request for Proposals (RFP) of the parent IDIQ, the individual project proposals and awards shall follow the process established in this section.
It is the Government’s intent to provide each contract Awardee with a fair opportunity to be considered for each individual project. “Awardees” refers to the Contractors receiving awarded contracts under the basic Request for Proposals of the parent IDIQ.
Any Forest Service warranted Contracting Officer, within the limits of their warrant, may award and administer a task order for work covered by this contract. Whenever practicable, all Awardees shall be provided individual project proposal requests unless compelling reasons dictate otherwise.
b) Individual Project Proposal Packaging. As they are developed, individual projects will be packaged with all necessary detailed requirements that supplement the basic contract. Supplemental information will be formatted to correlate with the basic contract format. Each project will include the following:
• TASK ORDER form with:
• ISSUING OFFICE shown
• PROJECT Section completed including a response time/date
• OFFER Section for completion by Offeror
• AWARD Section for later execution by ISSUING OFFICE if awarded
• Section B Price Schedule with detailed Payment Items, Option Items, quantities and units. Unit prices and amounts for Offeror pricing
• Section C Statement of Work – Project Scope, Project Location, Applicable Standard Specifications
• Section D Packaging, if needed
• Section E Inspection Requirements, if needed
• Section F Performance Time – Completion Date or Days and Notice To Proceed Date
• Section G Government Furnished Property/Facilities/Services and any additional Administrative Information
• Section H Special Contract Requirements – Supplements to the basic contract clauses. This will include any use and operational period limitations, additional submittal requirements and other details
• Section I Contract Clauses – added regulatory clauses such as Option clauses
• Section J Attachments o Specification List, Special Project or Supplemental Specifications o Drawings o Current Wage Decision that will apply o Questionnaire for Technical Proposal, if needed o Other Exhibits or Attachments
• Section L Instructions for Offer submission
• Section M Evaluation Factors for Award Determination relating to factors other than price.
c) Individual Project Proposal Requests. Individual project packages will be provided with a specified response date and time. Awardees shall submit their questions related to the project to the assigned Contract Specialist. Submission of written questions may be required. If necessary, a written Amendment to the project package will be issued with an adjusted response date where appropriate.
Individual project proposal requests may require only a price proposal or may also require submission of a technical proposal that is specific to the project.
d) Individual Project Proposal Submission. Proposals shall be submitted to the issuing office by the specified response date. Proposal submissions shall include:
• Completed and signed “OFFER” section on the TASK ORDER form
• Completed Section B
• Technical Proposal, if required
Offers are considered firm for 60 calendar days after the response date.
(e) Award Determination of Individual Projects. The method of award determination will be stated in the project TO and will be based either on the best overall value to the Government, price and other factors considered, or the Lowest Price Technically Acceptable (LPTA) depending on the specific requirements of the project. Other factors to be considered will be expressed in the individual project proposal request package. These factors may include one or more of the following:
• Technical Capabilities relating to the specific project (including elements such as Project Sequencing, Scheduling, Resource Availability, and Technical Experience)
• Past Performance History
• Other Factors
(f) Award of Individual Projects. A written award mailed or otherwise provided to an Offeror shall result in a binding TO.
(g) No Award of Individual Project Offerings. In the event a fair and reasonable price is not reached, the project will be formally withdrawn for acquisition separate from this contract.
G.11 INDIVIDUAL PROJECT PROPOSAL RESPONSES
After the basic Request for Proposals is awarded Individual Project proposals are requested periodically. These requests will be limited based on the Offer Qualifications and corresponding contract award limitations. It is understood that the Contractor will be balancing their other commercial work with any proposed work under the awarded contract. Nonetheless there is a general expectation that Contractors will respond affirmatively to the majority of Individual Project proposal requests with a reasonable price and performance proposal. Repetitive failure to respond may impact the Award Determination process for future Individual Project proposals.
SECTION H – SPECIAL CONTRACT REQUIRMENTS
H.1 FIRE PREVENTION AND CONTROL
(a) Tools and Equipment:
The Contractor shall furnish and maintain in a serviceable condition one shovel, size O or larger, for each employee working in the project area. The shovels may be stored in the employee’s private vehicle or the contractor's vehicles, but must be readily available to each employee while in the project area.
For each ATV or comparable type equipment, the Contractor shall furnish one two and one-half pound or larger dry chemical or four pound or larger carbon dioxide type fire extinguisher attached to each unit.
Refueling of the equipment shall be done in an area cleared and void of flammable materials. Power saws shall be moved from the spot of refueling before starting.
(b) Fire Prevention.
Welding – All flammable materials will be cleared for a minimum distance of 10 feet around any welding operation.
Fire extinguishers and fire tools are required as shown in Section H.1 (a).
Open Fires – In accordance with State and local regulations.
Pursuant to 36 CFR 261.50a the following is prohibited on each National Forest in the Rocky Mountain Region:
Operating or using any internal or external combustion engine on any timber, brush or grass covered land, including trails traversing such land, without a spark arrester, maintained in effective working order, meeting either (i) Department of Agriculture, Forest Service Standard 5100-1a; or (ii) the 80 percent efficiency level determined according to the appropriate Society of Automotive Engineers (SAE) recommended Practices J335 and J350.
Violation of this regulation and the general prohibitions of 36 CFR 261.3 to .20 is punishable by a fine of not more than $500 or imprisonment for not more than 6 months or both.
Gas and Oil Use and Storage - Gasoline will be stored and transported only in metal containers with tight caps or seals. Gas and oil drum storage areas will be cleared of all flammable material for a distance of 50 feet around the drums. Storage areas will be posted with "No Smoking" signs. Oil filters, oil cans, oily rags, etc., will be removed from the project area and discarded in proper waste disposal receptacles or sites.
Smoking – Smoking is prohibited while operating tractors or open-type vehicles, or while walking or working in an area with flammable fuels.
H.2 SAFETY PLAN
a. The Contractor shall provide a copy of their safety plan at the pre-work meeting. This copy of the Safety plan shall be kept in the contract folder for OSHA’s review.
b. The Safety Plan should be available to all employees and subcontractors working on the contract.
c. The Safety Plan should cover at a minimum:
i. Safety briefings covering the work area, equipment being used, and any special considerations for the work under the contract.
ii. Personal Protective Equipment required for the work under the contract.
iii. Identify appropriate OSHA requirements for the type of work under the contract.
iv. Weather considerations for the time of year of the contract.
v. Communication issues and locations of the nearest medical facilities.
vi. Name and point of contact information of supervisor responsible for enforcing Safety Plan.
vii. Name, position title and point of contact information of company executive responsible for approving the
Safety Plan.
viii. Specific contingency plans for emergencies such as medical, fire, hazard material spills and any other contract assessed hazard prevention and abatement requirement needs that apply to this project.
H.3 PERSONAL PROTECTIVE EQUIPMENT
1. The contractor will train in the safe operation and use of equipment to all workers using such equipment.
OSHA standards for personal protective equipment shall be followed. Zinc Phosphide Material Safety Data Sheets shall be followed.
2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.
3. Defective or damaged personal protective equipment shall not be used.
H.4 TRAVEL MANAGEMENT AND MOTORIZED EQUIPMENT
Use of motorized equipment other than hand-held equipment such as sprayers will not be permitted off designated roads in the project area without approval of the Contracting Officer Representative or as provided elsewhere herein.
SECTION I -- 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) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA
52.203-3 Gratuities (APR 1984) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 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 2023)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (FEB 2024)
(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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.3903 and
10 U.S.C. 3801)
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C.
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.] https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations
☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
☐ (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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (Whistleblower Guidance to Contractor Employees)
☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
☐ (6) [Reserved].
☐ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
☒ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-
117, section 743 of Div. C).
☒ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.
117-328).
☐ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders – Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023) (Pub. L. 115-390) ☐ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023) (Pub. L. 115-
390, title II) ☐ (ii) Alternate I (Dec 2023) of 52.204-30.
☒ (12) 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).
☒ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C.
2313).
☐ (14) [Reserved].
☐ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.657a).
☐ (16) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
☐ (17) [Reserved] ☒ (18) (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.
☐ (19) (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.
☒ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).
☒ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (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 2023) of 52.219-9.
☒ (22) (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 https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK
☒ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s) [Contracting Officer check as appropriate.]
☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☒ By the end of the performance period for each order issued under the contract.
☒ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
☐ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business
(SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) ( 15 U.S.C. 657f).
☒ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).
☐ (ii) Alternate I (MAR 2020) of 52.219-28.
☐ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned
Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
☐ (28) 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 (Oct 2022) (15 U.S.C. 637(m)).
☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
☐ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).
☒ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
☐ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024). [ ☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
☒ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
☐ (ii) Alternate I (Feb 1999) of 52.222-26.
☒ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
☐ (ii) Alternate I (Jul 2014) of 52.222-35.
☒ (36) (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.
☒ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
☐ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
☒ (39) (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).
☐ (40) 52.222-54, Employment Eligibility Verification (May 2022). (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 FAR 22.1803.)
☐ (41) (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.)
☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
☐ (44) (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.
☐ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf
☐ (ii) Alternate I (Jun 2014) of 52.223-14.
☐ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
☐ (47) (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.
☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
☐ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
☐ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).
☐ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
☐ (ii) Alternate I (Jan 2017) of 52.224-3.
☒ (52)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
☐(ii) Alternate I (Oct 2022) of 52.225-1 ☐ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (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), Public Law. 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 [Reserved] ☐(iii) Alternate II (DEC 2022) of 52.225-3.
☐(iv) Alternate III (FEB 2024) of 52.225-3 ☐(v) Alternate IV (OCT 2022) of 52.225-3.
☐ (54) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
☒ (55) 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).
☐ (56) 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. Subtitle A, Part V, Subpart G Note).
☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
☐ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
☐ (60) 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.3805).
☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41
U.S.C.4505, 10 U.S.C.3805).
☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C.
3332).
☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31
U.S.C.3332).
☐ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
☐ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
☒ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
☐ (67) (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 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
Forestry Aid $11.60 + Fringe
Forestry Technician__GS-5_____ $14.57 + Fringe_____
Forestry Technician GS-9 $22.08 + Fringe
☒ (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 for Contractor Workers Under Executive Order 14026 (Jan 2022).
☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
(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 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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712)
(iii) 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)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(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).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328)
(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023) (Pub. L.
115-390, title II)
(B) Alternate I (Dec 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (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.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).
(xiv) 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.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xvi)…
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