1240LS23Q0117 Manti-LaSal National Forest Cone Collection Combined Synopsis_RFQ.pdf

Solicitation Number:1240LS23Q0117 Manti-LaSal National Forest Cone Collection

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

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

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2023-04.

(iv) This procurement is set aside for 100% Total Small Business. The NAICS code is 113210 and the Small

Business Size Standard is $18.0 Million.

(v) Schedule of Items/Price Schedule

Base Items:

Item

No.

Description Qty Unit of

Issue

Unit Price Total Price

1 Douglas Fir (DF) – Tree Climbing 50 Bushel $ $

2 Engelmann Spruce (ES) -Tree Climbing 50 Bushel $ $

3 Climb Tree for Seed Sampling Purposes (if needed)

5 Tree $ $

Total: $

Option Items:

Item

No.

Description Qty Unit of Issue Unit

Price

Total Price

4 Douglas Fir (DF) – Tree Climbing Per Up to Additional

100 Bushels

5 Engelmann Spruce (ES) -Tree

Climbing

Per Up to Additional

100 Bushels

Option Item Total: $

* Distribution of species composition for collection is not yet known at this time and will be estimated by July

Quoter’s Company Information

Name of Company (Please Print):

UEID NUMBER from SAM.gov:

Printed Name of Company Representative:

Signature of Company Representative:

Date:

Phone Number:

Email Address:

Indicate Ability to Complete the Project within the period of Performance 8/16/2023-

9/25/2023, noting that there will be a two week window during this time for collecting ripe cones, Y or N:

Schedule Notes:

a) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices quoted, unless the quoter specifies otherwise in the quote.

b) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so.

c) Items labeled as optional are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

(vi) Description of Requirement

1. Introduction: The Sanpete Ranger District of the Manti-La Sal National Forest is acquiring cone collection services to procure seed for Engelmann Spruce and Douglas fir seed store requirements. Collection of cones will take place under and follow the specifications. The contractor shall take all precautions necessary to prevent excessive damage to tree. Live branches shall not be unnecessarily broken, barked, or cut, tree trunks shall not be skinned, or peeled, to cause excessive damage to cambium. If the COR determines that excessive damage is occurring, the Contractor’s right to proceed will be suspended until the proper corrections have been made. The Contractor may use a ladder, ascenders, or other methods that do no t cause damage to the tree are allowable to access the tree crown or in some cases cut cone bearing branch ends from the ground. Ladders or other methods are required to climb some species to prevent damage to the bole of the tree(s). The contractor shall provide a collapsible pole or branch hook for pulling the branches toward them to reach the cones. The contractor shall provide all equipment (e.g. -ladder, tagline, etc.) to climb each tree and collect cones without damaging the bole of the tree. For all trees except for BP, PF, WP: The Contractor shall harvest cones only from the top 1/3 of the tree crown, unless otherwise directed by the COR. It is common when large amounts of cones are needed that cones from the lower part of the tree will also be collected.

BP, PF, & WP: Cones shall be collected from the entire crown unless otherwise directed by the

COR. Cones are live plant material and as such shall not be handled roughly or exposed to damaging conditions. Collected cones shall be free of mold, and not showing damage by animals, insects or disease or physical damage. Cones shall be bagged for the collection area where they were collected. Bags will be furnished by the

Government. Bagged cones shall be free of debris (such as twigs, needles, cone stems, cones of other tree source); bags with greater than 1 pint (33 cu. Inches) of debris will be rejected. The base of the cones shall be clean of any extra material. Bags shall be ½ full; a maximum of 1 bushel of cones shall be put in a two bushel bag. Each bag of cones shall be tied securely shut approximately 3 inches from the top of the bag with baling twine that meets the following specifications:

1. Baling twine shall be high visibility (e.g. orange, blue etc.) and be at least three ply weave, or wire ties.

2.Each bushel bag shall be wrapped with at least three tight wraps and tied with a secure knot.

3.Baling twine shall have a minimum breaking tensile strength of 10 lbs.

Bagged cones shall not be thrown or dropped out of trees. Bags of cones shall be lowered to the ground with a rope, haul line, or other method approved by the COR.

All species except BP, PF, IC, & WP: Cones may be cut from branch ends, using cone hooks or other approved equipment/methods. When cone bearing branch ends are dropped from the tree, they shall be dropped onto tarps to avoid contamination with soil bearing fungi. Bags may contain cones from more than one tree (of the same species) in a collection area. However, bags with cones from multiple collection areas will not be accepted nor bags with multiple species.

The contractor shall be responsible for correct labeling of cones. For each bag of cones, the Contractor shall prepare two Cone Tags. Tags will be provided by the

Government along with a sample tag that has been properly filled out using the information provided by the Government. Information must be legible, visible through both layers of the cone tag, in permanent ink, and in English. Each cone lot shall have a unique color of flagging stapled or otherwise attached to each tag. One tag shall be placed inside the bag at the top, the other securely fastened to the outside of the closed bag.

All locations except the 'RSO: The Contractor shall deliver bagged cones to a mutually, agreeable, and accessible road near the collection site; the site will be selected prior to commencement of cone collection.

All locations (including the SRSO): Cones shall be submitted to the COR or Inspector each day for inspection and acceptance. Cones shall be protected from moisture, heat and direct sunlight. Cones shall not be damaged during any phase of picking or transporting. No payment will be made for collection of cones that have been damaged.

The COR may suspend work until proper procedures are being followed.

Operational Safety

i. The Contractor shall comply with the safety requirements of the Forest Service

Safety and Health Program Handbook (FSH 2709.11, Section 22.49 and FSH

6709.12) and the Forest Service National Tree Climbing Guide (Technical Report

0567-2819- MTDC, March 2005). The Forest Service National Tree Climbing

Guide (Technical Report 0567-2819-MTDC, March, 2005, may be found at:

http://www.fs.fed.us/treeclimbing/policy/guide/tree-climbing-fiedl-guide-2005-edition.pdf.

The Contractor's proposal shall include any alternate practices which the Contractor feels meet the intent of the FS safety practices but differs in actual practice. The

Contractor shall utilize the safety practices for safe climbing, rescue and emergency communication.

ii. The Contractor shall follow all Federal, State, and local safety laws and regulations applicable to the contract work to be performed.

iii Contractor assumes all risks of loss or damage to his/her equipment and injury to self or employees, and will hold and save the Government and its employees harmless from liability of any nature or kind resulting from performance of this contract, except for negligent acts of Government employees.

DEFINITIONS

Bushel - dry measurement, 8 gallons or approximately 12 cubic feet.

Branch Hook - Long handled devise used to pull limbs into the bole of the tree, so that the tree climber can pick the cones safety without damaging the tree they are harvesting cones from.

Collection Area - The cones from a variety of trees, usually at least 20 (twenty), from the same elevation band (this term is synonymous with cone lot).

Cone Cage - A cage used to encase white bark pine cones, protecting them from predation from squirrels and birds.

Cone Collection Record - Record of what trees and seed lots were collected per day. This record is often used to support payment and consolidate data listed on cone tags.

Cone cut- A cut made a bit off center, length wise, on a cone to cut into two halves (cut face) exposing the seed inside of the enclosed cone. From these cone samples one can have seed counts made per cut face determining whether viable amounts of seed exist in the cone crop for each tree being evaluated.

Contracting Officer (CO)-The person with authority to enter into, administer, and/or terminate contracts, as well as make related determinations and findings.

Contracting Officer's Representative /COR - Is a program official that is designated by the contracting officer to assist in administering specific aspects (such as technical aspects) of the contract.

Contract Time- Length of time to be determined based on task orders issued allowing a minimum number of contract days for an established average number of contract items ordered. (also refer to period of performance)

Cut Face -The exposed face of one side of a cone that has been cleanly sliced (cut) lengthwise along the cone.

Cone cutter-A sharp device used to make the cone cut. (e.g., large knife, cleaver)

Cone lot - The cones from a variety of trees, usually at least 20, from the same elevation band and within the same collection area. (if we are not there checking all the time, may want this - These cones will be bulked together at a later time, but during collection, the cones from each tree are maintained separately.)

Desirable phvsical characteristics of the selected trees: Selected trees are indicative of the genetic makeup of the seed, thus the selected trees shall be equal or better than the average of the same species in the area and be healthy and vigorous. Physical characteristics that are desirable include:

o Dominant or codominant trees (tree crown extends above the general level of the canopy or forms the general level of the canopy) relative to the neighboring trees.

o Straight stem free from crook, sweep, spiral grain, and forking.

o Branch bases small in relation to the stem and branches should project horizontally or angle slightly upward. Do not collect from "wolfy" trees.

o At least 30% live crown ratio.

o Tree crown compact for the species but have a large area of foliage.

o Conical crown indicating the tree growing and is vigorous.

o Free form insect and disease damage.

o Tree age approximately 40 to 110 years old. (Very old and very young trees have poor sound seed production even when there are numerous cones.)

o History of past cone crops is desirable.

o Avoid trees that are isolated by trees of the same species by more than 200 feet (may be inadequately pollinated by other trees).

Filled seed per cut face - a method used to determine seed yield which includes the count of seed on the one cut face exhibiting the highest exposed filled seed count. Only seed that have been sliced open sufficiently so that the inside of the seed is readily visible are counted as exposed.

Only seed containing storage tissue (endosperm) and that are sound are counted as filled seed.

Seed that are not sliced open (i.e., the seed coat remain intact), are ignored.

Mature Seed -The actual seed condition will vary by species but in general seed is considered mature when the embryo fills 90% or more of the embryo cavity (most important criteria) and is a cream or pale-yellow color. The surrounding storage tissue (endosperm) is a firm consistency and not a viscous milky condition. The seed coat and seed wing have darkened in color and is easily lifted from the cone scale (from Guide lo Collecting Cone of BC Conifers, 1989, p. 25).

Sound seed - Seed is considered sound when the endosperm and embryo are developing normally and there is no evidence of insect, disease, climatic or other types of damage.

Species Code - Numeric value or alpha characters assigned by the Government to represent various species of vegetation. These numeric values or alpha characters for species of seed to collect on this contract will be given to the Contractor by the COR.

TECHNICAL SPECIFICATIONS

GOVERNMENT QUALITY ASSURANCE

Quality assurance will be performed by the Government during the contract and through task orders at regular intervals. Methods may include visual survey and review of Contractor quality control documents.

Deduction for work may include rework at no cost to the Government or Government acceptance with price reduction.

CONTRACTOR QUALITY CONTROL

The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met. Records of quality inspections shall be kept and made available to the Government throughout the performance period and for the period after contract completion until final settlement of any claims under this contract. A description of the site-specific quality control inspection plan shall be provided within thirty (30) days of contract award. The plan shall include: (1) control procedures for security of Government provided items such as keys, and lock combinations; (2) location of the inspection documents; (3) corrective or preventive actions that will be taken to meet quality standards; and (4) a customer comments feedback system.

This project will meet reforestation needs due to large scale disturbances such as bark beetle mortality, timber harvest and wildfire in high elevation stands of the Sanpete, Price and Ferron Districts.

1. Purpose: The Forest Service (Government) is in need of conifer seed to restore and reforest National

Forest Land and for Tree Improvement genetic testing. The purpose is to secure commercial services for the harvest of mature seed cones in areas prescribed by the terms of this contract. Services needed include tree climbing and collecting cones from a variety of species located on the forest. The scope of contract includes contractor furnished labor, equipment, supervision, transportation, operating supplies, and incidentals (except those items designated as Government-furnished property), in compliance with the contract's terms, specifications and provisions. All tree seed cones collected under the provisions of this contract are and shall remain the property of the U.S. Government. The Government is responsible for surveying and identifying trees or areas for general cone collecting and Tree Improvement. Cone collections usually takes place from July through September for all forests; however, collection may take place outside of this time frame.

2. Scope of Work: Stands are mixed conifer and aspen and may be on steep or rocky terrain. Designated collection trees will be marked with flagging or tagged and climbed by the contracting team for cone collection. Mechanical lifts are not a suitable option to access cones because of terrain. There will be no branch-cutting, felling, or shooting to collect cones.

Species include:

Douglas-fir (DF) Engelmann spruce (ES)

3. Contractor Furnished Property: The Contractor shall furnish all tools, labor, supervision, equipment, materials, supplies (fuel), transportation, and incidentals necessary to accomplish the collection of cones in accordance with the specifications, and the government will provide the supplies specified in the Statement of Work.

4. Government Furnished Property

The Government will provide the following items to the Contractor:

(a) General- purpose maps will be included to give minimum needs for a contractor’s project bid. Once the project is accepted by the contractor, maps will be provided by and agreed upon by the Forest Service and the contractor.

(b) There will be a Forest Service Representative present (COR) or Inspector on the project for guidance and inspection.

(c) Pre-determined (GPS) project boundary areas.

5. Location of Project Areas: Potential stands to be collected from are located up and adjacent to and at the summit of Ephraim Canyon, New Canyon, Spring City Canyon, Manti Canyon, and near Joe’s Valley Reservoir. As the cone development is monitored a more detailed map will be provided. General purpose maps will be included to give the minimum location needs, for a contractor’s project bid. Once the project is accepted by the contractor, additional maps and

GPS points will be provided and agreed upon by the Forest Service and the contractor.

6. Project Boundary Marking: Only the areas shown on the project map(s) provided at the time of award shall be collected from. Maps provided at this time are for potential collection sites.

Final collection sites will be determined after monitoring crop suitability through maturity. The trees shall be identified with points loaded onto a GPS, or a pdf map loaded into a navigation app, and additionally shall be marked with pink flagging or tags. See project map for a general vicinity.

7. Access: Directions will be provided from the Sanpete Ranger District office once the purchase order is awarded and final collection sites are determined. Vehicles with four-wheel drive are recommended to travel on forest roads and in case of inclement weather and hiking up to a mile off trail to collection sites may be required.

8. Traffic Control: Public safety is the top priority for this project. It is the contractor’s responsibility to provide for traffic control needs during project operations.

9. Notification of Cessation or Restart of work: The Contractor shall notify the Contracting

Officer Representative whenever the Contractor intends to cease operations for three or more days and shall notify the COR before starting operations after a shutdown of three or more days.

10. Personnel Requirements and Crew Supervision/Project Leader: A qualified, English speaking crew leader must be on-site directing work at all times. Failure to maintain a crew leader, who demonstrates the minimum skills and ability as shown below, will result in suspension of work until an acceptable on-the-ground crew leader is provided. A maximum of five (5) days will be allowed to produce a qualified crew leader. Failure to produce a qualified on-the-ground crew leader within five days may result in the Contracting Officer (CO) issuing a

Suspend Work Order.

• Contractor shall always maintain an adequate workforce to ensure timely completion of the work and is responsible for the crew knowing the requirements of the contract. The crew is also responsible for maintaining a safe working environment as described in the statement of work. The Contractor must attend the pre-work meeting and provide a written performance plan including crew size prior to beginning work.

• Persons designated by the Contractor as supervisor must remain with and effectively direct the crew by (1) making periodic inspections of the crew’s work, (2) advising them as to the improper and unsafe work methods, (3) providing instructions for correcting any improper work methods encountered.

• Emergency transportation shall be provided by the Contractor at all times. Crew members shall not be allowed to work alone.

• All work under this contract shall be performed in a skillful and workmanlike manner.

The Forest Service may require, in writing, that the contractor remove from the work any employee deemed by the Forest Service to be incompetent, careless, or otherwise objectionable. All equipment and/or materials incorporated into the work covered by this contract shall be of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. The Contractor shall furnish equipment on a fully operational basis, with competent, fully qualified operators.

11. Detailed Unit Information: It shall be the responsibility of the Contractor (i.e., knowledge and experience of the project leader) to determine the quantity of work contained within the established areas of the project. Contractor will be paid for total bushels collected.

12. Work Camps: Work camps may be established only in locations authorized in advance by the

COR, and only after the prior written authorization of the responsible land manager. Should such a work camp be authorized, the Contractor shall maintain the camp in an orderly and sanitary manner. All fire regulations and permits shall be followed. Upon vacating a camp and project, and prior to the final payment, the Contractor shall remove all garbage and refuse and other signs of occupancy to the satisfaction of the COR or Project Inspector. Contractor shall be responsible for disposal of materials in a manner consistent with State, Federal and local laws and for all expenses incurred with disposal.

13. Cone Collection:

Objective: Collect Engelmann Spruce, Douglas Fir, or Ponderosa Pinecones from designated trees in designated areas to harvest seed for the Forest’s seed bank in accordance with the

Forest Service Handbook and Forest Plan.

14. Fire Precautions: Contractor shall prohibit smoking and the building of fires on the project area, except at established areas approved by the COR. Each piece of equipment on the project area shall be equipped with a spark-arresting device and have a full size pointed shovel.

The Contractor shall notify the Forest Service of any fires and comply with all rules and regulations administered by the Forest Service concerning the use, prevention and suppression of fires on federal lands, including any fire prevention orders that may be in effect at the time of the permitted activity. The Contractor may be held liable for the cost of fire suppression, stabilization and rehabilitation. In the event of a fire, personal safety will be the priority of the

Contractor. The Contractor shall:

1. Operate all internal/external combustion engines on federally managed lands per 36

CFR 261.52, which requires all such engines to be equipped with a qualified spark arrester both maintained and not modified.

2. Carry shovels, water, and fire extinguishers that are rated at a minimum as ABC - 10 pound on all equipment and vehicles.

3. Initiate fire suppression actions in the work area to prevent fire spread to or on federally administered lands. If a fire spreads beyond the capability of workers with the stipulated tools, all will cease fire suppression action and leave the area immediately via pre-identified escape routes.

4. Notify the Sanpete County Fire Warden, Tom Peterson, at (cell) 435-668-2068 or 435-

835-2191 immediately of the location and status of any escaped fire or call 911.

5. Notify the Forest Service COR immediately of the incident.

15. Work Schedule: Work schedule will be Monday through Friday, or as agreed upon with the contractor and forest service representative.

16. Period of Performance: THE ESTIMATED DATES FOR THIS PROJECT ARE:

Start Date: August 16, 2023

End Date: September 25, 2023

17. Protection of Improvements: If equipment (vehicles, skidders, four-wheelers) is operated on roads, trails or drainages within the project area when ground or weather conditions cause damage, it is the Contractor’s responsibility to repair the damage. Any soil and ground disturbance caused by equipment during and after operation shall be rehabbed. The area shall look as though there was no equipment in the project area.

18. Fencing: All fences within the project area shall be avoided, except at designated crossings identified by the COR. If contractor damages any sections of fence, the fence shall be promptly repaired to the condition existing immediately prior to starting the implementation phase.

Fence repair shall be kept current with work operations. All improvements shall be protected within the project area; discovery of objects not marked with flagging by either party shall be promptly reported to the other party.

19. Noxious Weed Control: Before coming on site initially, the contractor furnished trucks or other vehicles and equipment shall be washed in order to remove all dirt, debris and plant material that could result in the transfer of noxious weeds. They shall be washed any time they are used on a different project before being brought back into the project area. The COR will inspect equipment when it comes onto forest administered lands and/or the contractor shall be required to furnish Forest Service with proof of weed-free equipment.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) for CONE COLLECTIONS

This QASP specifically corresponds to the “Work Standards.” That section discusses the quality control and requirements and standards of performance of the award.

INSPECTION AND ACCEPTANCE

1. Contract Title: Manti-LaSal Cone Collections

The Governments Quality Assurance Surveillance Plan (QASP) provides the procedure and guidelines that will be used in evaluating technical performance of the Contractor for cone collection in a performance-based statement of work. The Governments QASP is not part of the contract but is provided to the Contractor solely as information. A copy of this plan is furnished to the Contractor in the solicitation package and with the contract so the Contractor is aware of the methods that the Government will use in evaluating performance on this contract and address any concerns that the Contractor may have prior to initiating work. The QASP is subject to change by the Government during the contract performance period. The Government reserves the right to perform more or less than is outline in the QASP. The Government through its COR will assess the contractor’s performance on a periodic basis and upon completion of selection of trees for collection and upon completion of each tree where cones are picked.

2. Work Requirements:

• Task 1 – Cone Collection (through tree climbing, etc.)

• Task 2 – Cone Care

• Task 3 – Cone Cleaning, Bushel Measurement, and Bagging

• Task 4 – Cone Tagging

• Task 5 – Safety

3. Primary Method of Inspection:

Periodic Inspections of Tasks 1, 2, 3, 4 and 5. Services will be monitored throughout collection.

There will be 100% inspection for Tasks 3 and 4. Each tagged bag will be inspected and failure results in rework or rejection of collection for tree in question.

4. Performance Standards:

• Cone collection completed as described in work standards.

• Cone Care; 100% of cones delivered to government are properly cared for and stored in a cooled or shaded area, with proper ventilation, off the ground, and protected from wildlife until cleaned.

• Cleaning, bushel measurement and bagging; less than 1.5% of the bag may have trash or tree debris. A bushel is equivalent to the volume of 9.3 US fluid gallons or 8 dry gallons. Bags are filled no more than ½ full (one bushel per two-bushel bag).

• Cone Tag; 100% of tags are properly filled out with one tag and unique flagging in bag, one tag and unique flagging secured to top of outside of bag. The Forest Service will track how many bags are collected per Seed Lot, but it is the responsibility of the contractor and subcontractors to track quantity collected per climber.

• Safety; All climbing and other activities meet Safety Plan.

5. Acceptable Quality Level (AQL):

The ACL for this project is 100% due to the critical and perishable nature of the cones collected.

6. Evaluation Method:

The Government through its COR will assess the contractor’s performance on a periodic basis and upon completion of selection of trees for collection and upon completion of each tree where cones are picked. The COR will be available to check cone ripeness and seed quality for each tree prior to the collection. For trees being climbed, the contract allows for the Government to direct the contractor to climb into the tree and pick cones for testing. After the cones are dropped to the ground, the COR determines quality. If cones are of poor quality or not ripe, the collection will not proceed and the contractor is paid for climbing and sampling. If the cone is of good quality, the contractor is paid for the collection by bushel for all species. The COR will periodically check on the contractor’s operations throughout the workday. The COR will pick up cones that are at the delivery point and walk to the tree that was picked. The bags will be checked for adequate and correct tagging, cone quality, that the bags are free of debris, and the cone handling.

7. Incentives (Positive and/or Negative):

• Any work not adequate that can be reworked (i.e. too much trash in bag, errors in tagging appropriate, more than one bushel per bag) should be required to be reworked or adjusted in price according to the FAR Inspection clause.

• If work cannot be corrected, such as cones are not mature, then the collection from the entire tree is not accepted. These are Government property and are retained by the Government.

• Each tagged bag will be inspected and failure results in rework or rejection of collection for tree in question.

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location:

9/25/2022, at a location determined by COR.

CLAUSES:

(viii) 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

Clauses Incorporated by Reference:

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

(DEC 2022) (DEVIATION 2017-1)

Addenda to 52.212-4:

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

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

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (SEP 2013)

52.245-1 Government Property (SEP 2021) Alt 1 (APR 2012)

52.245-9 Use and Charges (APR 2012)

(x) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders– Commercial Products and Commercial Services (JUN 2023) (DEVIATION 2017-1, DEVIATION DEC 2022)

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:

(a) (1)-(7)

(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:

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

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

☒ (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section

102 of Division R of Pub. L. 117-328).

☒ (9) 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).

☒ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15

U.S.C.644).

☒ (23) (i) 52.219-28, Post Award Small Business Program Re-representation (MAR

2023) (15 U.S.C. 632(a)(2)).

☒ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

☒ (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

U.S.C.793).

☒ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter

78 and E.O. 13627).

☒ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (Jun 2020) (E.O. 13513).

☒ (52) 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).

☒ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (Oct 2018) (31 U.S.C. 3332).

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

☒ (1) 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-3 Step-5 $16.30

☒ (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).

(d) (1)-(3)

(e) (1)-(2)

Clauses Incorporated by Full Text:

(xi) 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR

Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

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

(xii) 452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting

Officer (CO) shall issue a unilateral modification for de-obligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for de-obligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

List of Attachments and Exhibits

Attachment Description No. of Pages

A Wage Determination 4

B Quality Assurance Checklist 1

C Quality Assurance Checklist Customer Complaint Form 1

D Performance Requirements Summary 1

E Map of Project Area 1

Exhibit No.

1 Experience and Equipment Questionnaire 3

2 Work Plan and Schedule 1

3 Safety Record and Project Specific Safety Plan 1

4 Sub-Contractor Form 1 https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf

Attachment A – Wage Determination

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

LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 1977-0030

Daniel W. Simms Division of Revision No.: 65 Director Wage Determinations | Date Of Last Revision:12/27/2022

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

|If the contract is entered into on or |Executive Order 14026 generally applies to |

|after January 30, 2022, or the |the contract. | |contract is renewed or extended (e.g.,|The contractor must pay all covered workers | |an option is exercised) on or after |at least $16.20 per hour (or the applicable | |January 30, 2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2023. |

|If the contract was awarded on or |Executive Order 13658 generally applies to | |betweenJanuary 1, 2015 and January 29,|the contract. | |2022, and the contract is not renewed |The contractor must pay all covered workers | |or extended on or after January 30, |at least $12.15 per hour (or the applicable | |2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2023. |

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

State: Utah Area: Utah Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Employed on service contracts for forestry, land management, the cleaning of public use areas and timber inventory services.

OCCUPATION CODE - TITLE FOOTNOTE RATE

08010 - Brush/Precommercial Thinner (see 1) 14.82*** 08040 - Choker Setter (see 1) 17.74 08070 - Faller/Bucker (see 1) 18.48 08100 - Fire Lookout (see 1) 14.82*** 08130 - Forestry Equipment Operator (see 2) 20.40 08160 - Forestry/Logging Heavy Equipment Operator (see 1) 23.64 08190 - Forestry Technician (see 1) 23.64 08200 - Forestry Truck Driver (see 1) 23.64 08250 - General Forestry Laborer (see 1) 16.11*** 08280 - Nursery Specialist (see 1) 20.57 08310 - Slash Piler/Burner (see 1) 14.82*** 08340 - Tree Climber (see 1) 16.58 08370 - Tree Planter (see 1) 12.09*** 08400 - Tree Planter, Mechanical (see 1) 12.09*** http://www.dol.gov/whd/govcontracts

***Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20 per hour) or 13658 ($12.15 per hour). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 and 13658 are not currently being enforced as to contracts or contract-like instruments entered into with the federal government in connection with seasonal recreational services or seasonal recreational equipment rental for the general public on federal lands.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.80 per hour, up to 40 hours per week, or $192.00 per week or $832.00 per month

HEALTH & WELFARE EO 13706: $4.41 per hour, up to 40 hours per week, or $176.40 per week, or $764.40 per month*

*This rate is to be used only when compensating employees for performance on an SCA- covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:

1) HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

2) HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or http://www.dol.gov/whd/govcontracts local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of ""wash and wear"" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **

The duties of employees under job titles listed are those described in the ""Service Contract Act Directory of Occupations"", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE

Standard Form 1444 (SF-1444)

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the commencement date of the contract (See 29 CFR 4.6(b)(2)(iv)(C)(vi)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, U.S.

Department of Labor, for review (See 29 CFR 4.6(b)(2)(ii)).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF-1444 or bond paper.

When preparing a conformance request, the ""Service Contract Act Directory of Occupations"" (the Directory) should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination.

Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination."

Attachment B - Quality Assurance Checklist:

Douglas Fir, and Englemann Spruce Cone Collection Checked Date Cone Collection (Through Tree Climbing, etc.)

Cone Care

Cone Clearing, Bushel Measurement, and Bagging

Cone Tagging

Safety

Attachment C - Quality Assurance Checklist (Customer Complaint Form):

Date Name Location Description Project Manager

Initials

Date Resolved

Attachment D - Performance Requirements Summary:

Required

Service

Standard

(Referencing

SOW)

Allowable

Deviation

Performance Threshold Method of

Quality

Assurance

Disincentive

Cone

Collection within

Project

Areas

Cone

Collection within

Project

Areas to meet standards in the SOW none from standard

100% adherence to performance requirements is required

Not to exceed one reported occurrence with less than 100% compliance as reported by COR on the Quality Assurance

Checklist-Attachment B

Random

Inspections

Quality

Assurance

Checklist-

Attachment

B

Rework at no cost to the

Government/Performance

Appraisal

Attachment E - Map of Project Area

Exhibit #1 – Experience and Equipment Questionnaire

EXPERIENCE & EQUIPMENT QUESTIONNAIRE

Contractors are strongly encouraged to use this form and supplement it with additional narrative to fully address the evaluation criteria.

1. Contractor Name, Address, & Telephone Number

EXPERIENCE

2. How many years does your business have in the line of work contemplated by this solicitation?

3. How many years’ experience in contracting has your business had as a:

(a) Prime…