12443922Q0028 Wildlife Rehabilitaion Tellico RD.pdf

12443922Q0028:

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

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

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04.

(iv) This procurement is set aside for 100% small business. The NAICS code is 115310 and the

Small Business Size Standard is $8.00.

PLEASE PROVIDE THE BELOW INFORMATION.

OFFERORS INFORMATION

Company Name: ____________________________________________

Company Address: ____________________________________________

Company POC: ____________________________________________

Email Address: _____________________________________________

Phone # _____________________________________________

UEI (SAM) (replaced the DUNS #) __________________________________

To be eligible for award, contractors MUST be registered in the System for Award Management

(SAM), https://www.sam.gov .

All invoices are to be submitted via the electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by the U.S. Dept. of Treasury. For additional information https://www.ipp.fms.treas.gov/.

https://www.sam.gov/ https://www.ipp.fms.treas.gov/

(v) Schedule of Items/Price Schedule

Perform the following service activities on an “as-needed” basis in accordance with the attached terms, conditions, and specifications:

BASE YEAR

Item Supplies/Services Qty Unit of

Issue

Unit Price Total Price

July 04, 2023 – July 03, 2023

0001 Ground Preparation, Liming, and

Fertilizing of the Wildlife area

10 Acre $ $

0002 Ground Preparation only of Wildlife Areas 5 Acre $ $

0003 Seeding of Wildlife areas using mixture 1 10 Acre $ $

0004 Seeding of Wildlife areas using mixture 2 5 Acre $ $

0005 Seeding of Wildlife areas using

Government furnished seed

5 Acre $ $

0006 Furnish farm tractor with boom-type spray rig or equivalent on operated basis to apply government-furnished herbicide with

Supervisions/Direction by COR/Inspector

30 Acre $ $

0007 Cut and remove trees greater than 6” diameter

50 EA $ $

TOTAL $

OPTION YEAR 1

July 04,2023-July 03, 2024

1001 Ground Preparation, Liming, and

Fertilizing of the Wildlife area

10 Acre $ $

1002 Ground Preparation only of Wildlife Areas 5 Acre $ $

1003 Seeding of Wildlife areas using mixture 1 10 Acre $ $

1004 Seeding of Wildlife areas using mixture 2 5 Acre $ $

1005 Seeding of Wildlife areas using

Government furnished seed

5 Acre $ $

1006 Furnish farm tractor with boom-type spray rig or equivalent on operated basis to apply government-furnished herbicide with

Supervisions/Direction by COR/Inspector

30 Acre $ $

1007 Cut and remove trees greater than 6” diameter

OPTION YEAR 2

July 04,2024- July 03, 2025

2001 Ground Preparation, Liming, and

Fertilizing of the Wildlife area

10 Acre $ $

2002 Ground Preparation only of Wildlife Areas 5 Acre $ $

2003 Seeding of Wildlife areas using mixture 1 10 Acre $ $

2004 Seeding of Wildlife areas using mixture 2 5 Acre $ $

2005 Seeding of Wildlife areas using

Government furnished seed

5 Acre $ $

2006 Furnish farm tractor with boom-type spray rig or equivalent on operated basis to apply government-furnished herbicide with

Supervisions/Direction by COR/Inspector

30 Acre $ $

2007 Cut and remove trees greater than 6” diameter

GRAND TOTAL (BASE PLUS TWO OPTION YEARS) $ _________________

This will be a best value, past-performance-considered award. Information requested in the questionnaire MUST be submitted for a quote to be evaluated.

Procurement is limited to companies within a 100-mile radius of the project location due to nature of need.

The Contractor shall furnish labor, supervision, equipment, transportation, operating supplies, and incidentals to perform all operations necessary to accomplish the below listed project for the Cherokee National Forest, Tellico Ranger District in accordance with the

Schedule of items, Statement of Work, Contract Clauses and Attachments.

Perform soil, water and wildlife area rehabilitation on an “as-needed”, requirements basis. Indefinite Delivery Indefinite Quantity (IDIQ) multiple award schedule

(multiple year).

a) One award will be made from this solicitation, contractors must submit pricing for all items.

b) Minimum and Maximum Contract Amounts -During the period specified in FAR clause

52.216-18, ORDERING, the Government shall place orders totaling a minimum of 2500 , but not in excess of 20,000 .

(vi) Description of Requirements

110 Scope of Contract

This contract requires ground preparation, liming, fertilizing, seeding, spraying herbicide, and related work in compliance with its terms, specifications, and provisions.

This is a requirements contract in which all estimated total quantities are shown on the Schedule of Items. These estimates are not a representation that the estimated quantities will be required or ordered or that conditions affecting requirements will be stable or normal. These estimates were obtained from records of previous requirements and consumption, projected need from work plans, or by other means, and are based on the most current information available.

Contractor shall furnish all labor, supervision, transportation, tools, equipment, supplies and other incidentals (except as identified under the

Government-Furnished Property clause below) necessary to perform all work required to complete Soil and Water Improvement and Wildlife Habitat

Improvement work on areas of National Forest land on an "As Needed" requirements basis in accordance with the provisions and specifications contained herein.

120 Placement of Orders

Delivery orders will be placed in writing as needed via standard delivery order form, (see FAR 52.216-18; 52.216-19; 52.216-21 Section 1) and shall be authorized by the Contracting Officer or Purchasing Agent.

A Contracting Officer’s Representative (COR) will be designated for the

Tellico Ranger District The COR will initiate delivery orders to be approved by the person above.

130 Description

This work shall consist of:

--ground preparation

--furnish and placing fertilizer, lime, and seed, --seeding with Government-furnished seed.

--Furnish farm tractor and spray rig or equivalent on operated basis with

Government- furnished herbicide and supervision/direction.

--cutting and removal of trees 6 inches or larger in diameter from road or field

140 Location

Project areas are located within the boundaries of the Cherokee National Forest, Tellico Ranger District in Monroe County, Tennessee. Sites are linear and spot openings that typically vary between 0.5 and 5 acres in size. These sites are typically separated by variable distances ranging from 1 to 2 miles or more.

See attached map of the Tellico Ranger District. Detailed maps will be provided with each delivery order.

150 Access to Work Areas

Contractor shall perform the removal of downed trees, or other activities found to be minimally necessary to obtain access to work areas. The

Government will pay $15.00 for each tree, 6 inches or larger in diameter. The contractor will be responsible for physicaly marking and keeping a log for each tree removed for inspection and coordination with Contracting Officer’s

Representative for payment.

Access on roads which are gated will be coordinated with the Contracting

Officer's Representative. Contractor shall keep all gates locked at all times, unless otherwise directed by the COR.

160 Clean Up at Project Site

Upon completion of each site and prior to moving to the next site, all other trash, rubbish, and debris generated by the Contractor's operation will be removed from National Forest land.

TECHNICAL SPECIFICATIONS

200 All acreage has been calculated using GPS Equipment.

Acreage of linear wildlife openings is based on roads with an average width of 16.5 ft** Any additional passes made for wide spots, turnarounds, etc… have been estimated and acreage added based on most current information available. All acreage is rounded up to the nearest tenth of an acre.

** 16.5’ wide X 5280’/mile = 87,120sqft/mile / 43,560sqft/acre = 2.0 ac/mile

210 Ground Preparation, Liming, and Fertilizing Wildlife Areas (Linear

Wildlife Openings and Plot Wildlife Openings)

Ground Preparation: Harrowing, disking or ripping, or use of a rotovator is required on designated sites to a depth of of 4-6 inches.

Ensure all the ground is loosened for maximum seed contact.

Fertilizer and lime shall be applied prior to preparation and mixed throughly with the soil prior to seeding. After seeding, ground will be smoothed by a drag harrow, disk harrow or other methods approved by the COR for covering seed and leveling uneven ground.

Lime: Lime shall be calcitic granular agricultural ground limestone and shall be screened to Tennessee State gradation. Application rate will be 2 tons per acre.

Fertilizer: Fertilizer shall be a standard commercial grade fertilizer and shall conform to all State and Federal regulations. Commercial fertilizer shall provide the following minimum percentage of available nutrients: 6% Nitrogen, 12% Phosphorous, and 12% Potassium.

Application rate will be 300 pounds per acre.

Application: Fertilizer and lime as specified for the areas to be treated shall be applied separately using any method that will produce uniform and even distribution of materials over each area. Prior approval of COR is required before any other method can be utilized.

Examples of methods not allowed are spreading by hand or shovel.

Application shall not be done when the ground is excessively wet, frozen, or otherwise untillable. Nor shall the ground be worked before or during windy, rainy or inclement weather, that would cause the prepared surface to erode. Ensure all the ground is loosened for maximum seed contact.

220 Ground Preparation Only

Harrowing, disking or ripping is required on designated sites to a depth of 4-6 inches. Ensure all the ground is loosened for maximum seed contact. No fertilizer or lime applications will be made.

230 Seeding:

Seed shall conform to the requirements of Federal Specifications JJJ-S-181.

Seed shall be furnished in standard containers with (1) seed name, (2) lot number, (3) net weight, (4) percentage of purity and of germination and hard seed, and (5) percentage of maximum weed seed content, clearly marked for kind of seed. Application of seed shall be immediately following preparation of the ground.

Seed Application Rates for areas on the Tellico Ranger District:

A. Wildlife Openings Using Mixture 1:

Winter Wheat - 1 bushel per acre

Ladino Clover – 6 pounds per acre

Annual Rye Grass – 5 pounds per acre

B. Wildlife Openings Using Mixture 2:

Annual Rye Grass - 5 pounds per acre

Partridge Pea – 5 pounds per acre

Brown-top Millet – 25 pounds per acre

C. Millsets, Logging Roads and Wildlife Openings Using Government

Furnished Seed.

Seed will be provided as stated in Government Furnished Property and seeding rates shall be based on standard reccomendations and/or as needed.

240 Spraying

Apply government-supplied herbicides on millsets, logging roads, skid roads, recreation fields, and/or wildlife forage areas per manufacturers’ instructions with operated equipment with supervision/direction provided by a government

Inspector/COR who is licensed as Certified Pesticide Applicator.

Application shall not be done before or during windy, rainy or inclement weather, that would cause the herbicide to lose it’s effectiveness.

Biobased Products

The contractor shall utilize products and materials made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer Representative (COR). Biobased products that are designated for preferred procurement under USDA’s

BioPreferred program must meet the required minimum biobased content as stated at www.biopreferred.gov

GOVERNMENT-FURNISHED PROPERTY

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the

Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

1. Approved Herbicides for spraying.

Approved herbicides will be furnished for areas to be treated with herbicides. Herbicides will be available for pickup upon request at the Tellico Ranger District Work Center, located at 250 Ranger

Station Road, Tellico Plains, Tennessee between the hours of 7:00 a.m. and 3:30 p.m., Monday through Friday, excluding Federal Holidays. The contractor shall give at least one day advance notice to the Contracting Officer’s Representative prior to picking up the herbicides. Sufficient supplies of herbicides will be made available for contractor to work on weekends and holidays. Any unused herbicides will be returned to the work center. See Clause 52.245-4, Government-Furnished

Property (Short Form).

2. Government-furnished seed.

Government-furnished seed will be available for pickup upon request at the Tellico Ranger

District Work Center, located at 250 Ranger Station Road, Tellico Plains, Tennessee between the hours of 7:00 am and 3:30 p.m., Monday through Friday, excluding Federal Holidays or at a mutually agreed upon location including but not limited to the job site and/or the retail seed outlet. The contractor shall give at least one day advanced notice to the Contracting Officer’s

Representative prior to picking up the government-furnished seed. Sufficient supplies of seed will be made available for contractor to work on weekends and holidays. Any unused seed will be returned to the work center.

http://www.biopreferred.gov/

(vii) INSPECTION AND ACCEPTANCE

300 Inspection

Performance shall be inspected by the COR or his designated inspector in accordance with Clause 52.246.4, Inspection of Services---Fixed Price (AUG

1996) as the work progresses.

310 Acceptance

Acceptance of the work shall be contingent upon approval of the COR.

320 Measurement

Measurement for each payment shall be made to the nearest tenth of an acre using GPS equipment and rounded to the nearest tenth of an acre.

330 Payment

Payment shall be made in accordance with Clause 52.232-1, Payments, for acres actually ordered, completed, and accepted. Invoices for payment must be submitted by contractor through the Invoice Processing Platform (ipp.gov);

payment will be made by electronic funds transfer to bank account registered in the system for Award Management (sam.gov).

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from June 24, 2022, through June 23, 2023.

FAR 52.211-10 Commencement, Prosecution, and Completion of Work.

The Contractor shall be required to (a) commence work under this contract within

10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than (see Contract Times listed below).* The time stated for completion shall include final cleanup of the premises.

*CONTRACT TIME for each Delivery Order issued shall be calculated thus:

Schedule of Items Contract Time*

1. Ground preparation, liming and fertilizer.

Of Wildlife Areas 0.5 day/acre

2. Ground Preparation Only 0.25 day/acre

3. Seeding

A. Widife areas using Mixture 1 0.25 day/acre

B. Wildlife areas using Mixture 2 0.25 day/acre

C. Wilife areas using 0.25 day/acre

Government furnished seed

4. Furnish farm tractor with boom-type spray rig, or 0.25 day/acre

Equivalent, on operated basis to apply Government-

Furnished herbicide with supervision/direction by

Inspector/COR.

5. Cut and Remove downed trees, 6 inches 0.025 day/tree

Or larger in diameter, from road or field.

. *(1 FULL DAY MINIMUM. ANY RESULTANT FRACTION WILL BE

ROUNDED FORWARD TO NEXT FULL DAY)

CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

ATTACHMENT

NUMBER

ATTACHMENT TITLE

NUMBER

OF PAGES

001 DESCRIPTION/SPECIFICATIONS/STATEMENT OF

WORK

002 EXPERIENCE QUESTIONAIRE 4

003 PAST PERFORMANCE 1

004 SCA WAGE DETERMINATION TN 11

005 MAP OF WILDLIFE OPENINGS ON THE TELICO

RANGER DISTRICT

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV

2021) (Provision)

Addenda to provision 52.212-1:

1) Quotes must be submitted by Email Only to: Melody.flores@usda.gov no later than June 17, 5:00pm Eastern Standard Time. No other forms of submission will be accepted. Contractor is responsible for verifying receipt of proposal by the

Contracting Office

2) All offers must be complete, self-sufficient and respond directly to the requirements of this solicitation. The Government will review offers received to determine if they are responsive to the requirements. A responsive offer is one that meets all the terms, conditions, and specifications in the solicitation. The

Offeror must provide all documents listed and comply with all instructions to be considered “responsive” to this solicitation. Only responsive offers will be evaluated for award.

3) Offerors shall ensure that the proposal reflects Offeror's name, address, and telephone number, CAGE code and UEI SAM number; the full address, phone, and facsimile numbers of the Offeror; points of contact (POCs) authorized to negotiate with the Government on the Offeror's behalf; the solicitation number;

and a statement confirming the Offeror is willing to hold its prices firm for at least

90 days from the date specified for receipt of offers.

4) Offeror shall be registered in the System for Award Management (SAM)

(https://www.sam.gov/SAM/) with the appropriate NAICS Code and shall not have any Active Exclusions listed within SAM. If the Offeror is currently registered in SAM with completed representations and certifications, an affirmation on the title page (or second page) that these representations and certificates are current, complete, and accurate as of the date proposals are due shall suffice. Otherwise, the Offeror shall include one (1) copy of the following provision located within this solicitation and included with the proposal: FAR

Provision 52.212-3, Offeror Representations and Certifications, Alternate I.

5) Experience Questionnaire

The Offeror shall submit the Attachment 002, Experience Questionnaire of work experience of a similar nature, scope, complexity, and difficulty to that which will be performed under the prospective contract contemplated by this solicitation.

Relevant experience is that obtained within the past 3 years providing or performing services of similar size and type.

9) Address questions about this solicitation to Melody Flores, Contract Specialist by email at melody.flores@usda.gov. Questions received after June 15, 2022, may not be answered.

mailto:Melody.flores@usda.gov https://www.sam.gov/SAM/ mailto:Chandria.Fulghum@usda.gov

(ix) 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision)

1.0 Basis of Contract Award

The Government will award a contract(s) resulting from this solicitation to the responsible offeror(s) whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered.

Non-price factors, when combined, are more important than price.

The following factors shall be used to evaluate offers:

Past Performance

Experience and Certifications

Price

1. Past Performance: Contractors shall complete the Past Performance Questionnaire. Past

Performance will be evaluated on contract performance, quality of service, and timeliness/responsiveness. A Contractor with no relevant past performance history may receive a neutral rating for past performance. Contractors with a persistent history of labor law or workplace safety regulation violations may be excluded from further consideration for award: the severity of those violations will be analyzed on a case-by-case basis.

2. Experience: Contractors shall complete the Experience Questionnaire listing specific information regarding their qualifications and experience in performing the type of work required by this contract.

3. Price: Contractors’ price will be evaluated for completeness and reasonableness. Price is determined reasonable by comparison to estimates; prior prices paid, competition, and can be supported by suitable estimating techniques. The Government reserves the right to not award this contract to a Contractor whose price is unrealistic.

Contractor must provide sufficient information for the above-listed items for the

Government to complete a thorough evaluation, including references (with phone numbers) for all contracts performed within the last 3 years performing the type of work required by this contract. Failure to provide all requested information may result in your quotation not being considered for award

(x) 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial

Services (NOV 2021) (DEVIATION JUL 2020) (Provision)

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

(NOV 2021)

Addenda to 52.212-4:

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

2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract

Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C 4712 and 10

U.S.C 2409 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly

American; and 41 U.S.C chapter 21 relating to procurement integrity.

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

– Commercial Products and Commercial Services (JAN 2022) (DEVIATION JUL 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-

78 (19 U.S.C. 3805note)).

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

Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct

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

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

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

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

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

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

☐ (5) [Reserved].

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

Div. C).

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

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

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

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

(41 U.S.C. 2313).

☐ (10) [Reserved].

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

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

2021) 15 U.S.C. 657a).

☐ (13) [Reserved]

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

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

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

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

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

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

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

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

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

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

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

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

☐ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C.637s)

[Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or

☐ By the end of the performance period for each order issued under the contract.

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

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

U.S.C. 657f).

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

632(a)(2)).

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

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

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

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

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

637(m)).

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

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

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

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

JUL 2020) (E.O.13126).

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

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

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

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

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

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

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

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

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

(E.O. 13496).

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

13627).

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

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

☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(Jun 2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

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

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

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

13514).

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

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

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

13423 and 13514).

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

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

(E.O. 13513).

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

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

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

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

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

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

JUL 2020) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

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

U.S.C. 3301 note).

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

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

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

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

U.S.C. 5150).

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

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

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

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

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

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

U.S.C. 3332).

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

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

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

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

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

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

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

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

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

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement 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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Employee Class Monetary Wage-Fringe Benefits

Forestry Technician $20.72 per hour plus fringes

☒ (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).

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

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

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

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

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

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

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

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

E.O 13627).

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

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

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41

U.S.C. chapter 67).

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

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

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

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan

2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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

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

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

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

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

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

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

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

52.247-64.

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

(xiii) Additional Requirements/Terms and Conditions:

Clauses:

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

52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from June 24, 2022, through June 23, 2025.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail.

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 2500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 20,000.00;

(2) Any order for a combination of items in excess of 20,000.00; or

(3) A series of orders from the same ordering office within (5)days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the

Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the

Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after

June 19, 2023 (Base), June 19,2024 (Option Year 1), and June 19,2025 (Option Year 2).

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The

Contracting Officer may exercise the option by written notice to the Contractor within (30) calendar days.

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

(a)The Government may extend the term of this contract by written notice to the Contractor within (30) calendar days; provided that the Government gives the Contractor a preliminary https://www.acquisition.gov/far/current/html/52_216.html#wp1115057 written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed Three (3) years .

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

Contracts (SEP 2013)

52.232-18 Availability of Funds (APR 1984)

52.232-19 Availability of Funds for Next Fiscal Year(APR 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

(DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

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

52.245-9 Use and Charges (APR 2012)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452)

Deviations to clauses may be viewed at:

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

52.252-6 Authorized Deviations in Clauses (NOV 2020)

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

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

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR

__4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (OCT 2021)

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

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

(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 deobligation. 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 deobligation. 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.

Post Award Conference

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at Cherokee National Forest

Supervisor’s Office, 2800 North Ocoee St Cleveland, TN 37312.

Key Personnel

(a) The Contractor shall assign to this contract the following key personnel: Onsight Project

Superintendent.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below.

After the initial 90-day period, the Contractor shall submit the information required by paragraph

(c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the

Con…