12443924Q0020 FY24 Crop Tree Release Solicitation.pdf
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- Attached to
- GW&Jeff FY24 Crop Tree Release Federal contract opportunity
- Solicitation number
- 12443924Q0020
- Issued by
- Department of Agriculture Forest Service
About this file
This document describes a solicitation for crop tree release services on the George Washington and Jefferson National Forests. The solicitation seeks a contractor to furnish all labor, materials, equipment, tools, transportation, supervision and supplies required to perform crop tree release in specified locations on the Eastern Divide Ranger District in Craig and Montgomery counties, Virginia. The contract areas involve mountainous terrain that can be steep and rocky, requiring caution while operating power saws. The period of performance for the crop tree release work is from March 1, 2024 to June 15, 2024. The solicitation was issued by the Department of Agriculture Forest Service.
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
ATLANTA GA 30309-2449
STE 876S
1720 PEACHTREE ST NW
USDA-FS CSA EAST 1
3396 CODE 16. ADMINISTERED BYCODE
X
X
X
115310
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED OR4439
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
02/23/2024 1500 CT
02/08/2024
612-474-4309MINKYU KIM
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
12443924Q0020
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 351117376OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
BLACKSBURG VA 24060
110 SOUTHPARK DRIVE
NRV RANGER DISTRICT
USDA FOREST SERVICE
15. DELIVER TO
ATLANTA GA 30309-2449
STE 876S
1720 PEACHTREE ST NW
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$11.5
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
USDA-FS CSA EAST 1
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
ED-CON-CTR- GWJ MVP Forest Enhance Mitigation- EDRD FY24 Crop Tree Release COR: Mark Miller Delivery: 02/28/2025 Period of Performance: 03/01/2024 to 06/15/2024
FY24 Crop Tree Release Contract
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
ROBERT R. SIGLER
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
35 2 of
SECTION B – CONTINUATION OF SF-1449
Schedule of Items/Price Schedule
Project Description: GWJ MVP Forest Enhance Mitigation- EDRD FY24 Crop Tree Release
Vendor Name: __________________________________Vendor UEI:___________________
Item Supplies/Services Qty Unit of Issue
Unit Price Total Price
0001 FY 24 Crop Tree Release 5,077 Trees
Schedule Notes:
a) Contractor MUST bid on item. Contract will be awarded to only one bidder.
b) ALL RESPONSIBLE SOURCES MAY SUBMIT A QUOTATION WHICH, IF TIMELY
RECEIVED, SHALL BE CONSIDERED BY THE AGENCY.
c) CONTRACTOR MUST HAVE PREVIOUS KNOWLEDGE/EXPERIENCE IN THESE
SERVICES AND MUST HAVE EQUIPMENT NEEDED IN THE PERFORMANCE OF THIS
CONTRACT.
d) EXPERIENCE QUESTIONNAIRE (ATTACHMENT E) IS REQUIRED. PLEASE RETURN
WITH PACKAGE.
Description of Requirement
Contractor shall furnish all labor, materials, equipment, tools, transportation, supervision and supplies required to perform crop tree release.
Location
The George Washington & Jefferson National Forests, Eastern Divide Ranger District in Craig & Montgomery counties, Virginia
Site Visit
There is no scheduled site visit at this time. Special arrangements may be made to provide access for inspection prior to the opening date by contacting Mark D. Miller at the Eastern Divide District Office at 540/239-3520.
Gates will be open for some of the work areas during the pre-bid time period (January 2024) to provide access for inspection of areas. A few of the areas will have locked gates and inspection of these units will be scheduled by appointment only.
For further information you may call Mark Miller at 540/239-3520. You may also call the Eastern Divide Ranger District office at 540/552-4641 and ask for Mark.
Offerors are urged to inspect the contract areas to view current conditions.
Site Conditions
The stands range from 16 to 40 years old. They are mostly made up of hardwoods with a small component of pine interspersed throughout some of the stands. Site indexes range from 60 to 70 with a few at 50. There are a total of 281 acres in the 18 stands designated for treatment.
The terrain is mostly gentle to moderate with a few steep inclusion areas. Understories are generally easy to moderate to travel through with some scattered patches of thick mountain laurel in some units. Trees to be cut average about 2 to 7 inches Diameter at Breast Height (DBH) in most stands depending on the age and site index of the stand.
GENERAL SPECIFICATIONS
Scope of Contract
Contractor shall furnish all labor, materials, equipment, tools, transportation, supervision and supplies necessary to perform crop tree release. Contractor shall fell designated trees by use of power chainsaws or axes, in accordance with specifications, maps, and provisions of the contract.
No materials or labor will be furnished by the Government unless specifically identified in the "Government - Furnished Property Clause."
Description and Location
Crop Tree Release The contract areas are located on the George Washington and Jefferson National Forests, Eastern Divide Ranger District, in Craig and Montgomery Counties, Virginia. See attached maps for location and other information. All the areas are in mountainous terrain that can be steep and rocky. Caution should be exercised while operating power saws in these and all the areas to be treated in this contract.
Sand Plant Road units: From New Castle: For unit 1, take State Rte 615 (Craig Creek Rd)
2.5 miles. Take a left on to State Rte 609 (Sand Plant Rd) and continue for approximately 1 mile. Take a left just after the Craig County Landfill on to FS 50632. There is 1 unit 0.5 miles down this road. Gate on FS 50632 is locked and will have a contractor lock placed on it for authorized access by contractor. For units 2 and 3, take State Rte 617 for approximately 2 miles.
There is a pull off to the right side of the road. There are 2 units down an undriveable old logging road starting at about a quarter of a mile. For unit 4, continue down State Rte 617 for 3 miles. There is another pull off to the right side of the road. The unit is a quarter of a mile down an old undriveable logging road.
Lee Road and California Hollow units: From Blacksburg: take US 460 W approximately 9 miles. Turn right on to State Rte 621 (Craig Creek Rd). Continue for another 9 miles and turn left on to State Rte 630 (Lee Rd). For Lee Rd Units, continue for approximately 3 miles, and there are 3 units at the end of this road. For California Hollow Units, continue on State Rte 630 for 1 mile and take the first right on FS 10850 (California Hollow Rd). There are 2 units approximately 1.5 miles down this road. Gate on FS 10850 will be locked and will have a contractor lock placed on it for authorized access by contractor.
Porterfield Road units: From New Castle: take VA 311 north (Paint Bank Rd) for 5 miles. Take a left on to State Rte 658 (Johns Creek Rd) and continue for 13.5 miles. Take a sharp right on to State Rte 636 (Rocky Gap Rd) and continue for 2 miles. After the sharp bend in the road take a left on to FS 10631. There are 4 units along this road starting at approximately 0.2 miles. Gate on FS 10631 is locked and will have a contractor lock placed on it for authorized access by contractor.
Turkey Nest Road units: From Blacksburg: take US 460 W for 2.5 miles. Take a right on to State Rte 621 (Craig Creek Rd). Continue for 1.4 miles and take a left on to FS 10780. There are 4 units approximately 1.5 miles down this road. Gate on FS 10780 is locked and will have a contractor lock placed on it for authorized access by contractor.
Sand Plant Road Area
UNIT APPROXIMATE
ACRES
NUMBER OF DESIGNATED
CROP TREES
BOUNDARY COLOR
1 22 402
2 BLUE SLASHES
3* 11 214
3* 12 210
4* 32 728
Total 77 1,554
*Designates unit that has “walk-in” access only- No vehicle access directly to unit.
Lee Road Area
UNIT APPROXIMATE
ACRES
NUMBER OF DESIGNATED
CROP TREES
BOUNDARY COLOR
1 11 242
2 BLUE SLASHES
2 13 235
3 28 498
4 50 745
Total 102 1,720
*Designates unit that has “walk-in” access only- No vehicle access directly to unit.
California Hollow Area
UNIT APPROXIMATE
ACRES
NUMBER OF DESIGNATED
CROP TREES
BOUNDARY COLOR
1 16 270
2 BLUE SLASHES 2 18 312
Total 34 582
*Designates unit that has “walk-in” access only- No vehicle access directly to unit.
Porterfield Road Area
UNIT APPROXIMATE
ACRES
NUMBER OF DESIGNATED
CROP TREES
BOUNDARY COLOR
1 15 228
2 BLUE SLASHES
2 7 136
3 20 373
4 21 396
Total 63 1,133
*Designates unit that has “walk-in” access only- No vehicle access directly to unit.
Turkey Nest Road Area
UNIT APPROXIMATE
ACRES
NUMBER OF DESIGNATED
CROP TREES
BOUNDARY COLOR
1* 1 16
2 BLUE SLASHES
2* 2 35
3* 1 8
4 1 29
Total 5 88
*Designates unit that has “walk-in” access only- No vehicle access directly to unit.
Crew Organization
The contractor shall work during normal working hours of the week, Monday through Friday. Weekend and holiday work is allowed but must be coordinated and approved by the COR or the Field Inspector to ensure timely inspections of completed work.
All temporary roads that have been closed, tank trapped, and/or seeded will remain closed to vehicular access unless opened under prior written agreement.
TECHNICAL SPECIFICATIONS
Selection of Crop (leave) Trees
Crop trees to be released are marked in all of the units by trained Forest Service personnel.
These units have designated crop trees marked by ORANGE bands. The Forest Service has selected the crop trees in these units to meet silvicultural objectives. All of these trees will be treated for release.
Spacing- Spacing is not critical for the crop tree release
The goal for marking is to successfully release 15 to 25 trees per acre in crop tree release units. If the stand is very uniform (ie. There are good crop trees distributed evenly over the entire unit) the spacing would be approximately 50 feet in the CTR units.
Crop trees were chosen based on species preference, the quality of the tree and its potential to produce hard mast and cover for wildlife in the future as well as for quality forest products. Some crop trees might be located close to one another.
Trees to favor
Trained forest service personnel have identified and designated crop trees to be treated for the purpose of this contract. These identified crop trees are designated on the ground by wide ORANGE-painted bands at eye level or higher. The crop trees were selected based on species considerations, crown class, health and vigor, species diverstity and with some consideration given to the partial release of other desirable species that were not designated as crop trees. Our selections are genearlly high quality choices and meet many management considerations. For this reason, there will be NO substitutions of crop tree selection and release by the contractor or subcontractor. Deliberate cutting of trees to release other undesginated crop trees will be considered as resource damage and appropriate steps will be taken to remedy the damage.
Contractor and employees must know Southern Applachian Hardwood tree species.
The following trees were generally not selected as crop trees and SHOULD NOT BE CUT at any time: Dogwood, Eastern Hemlock, Shagbark Hickory, Serviceberry and American Chestnut.
Trees to be Cut – A four-sided crown-touching crop tree release will be applied (see figure 1). Selected crop trees should have a ‘free to grow rating’ of 4. This means that a crown is free to grow on ALL four sides. If a crop tree has less than 5 feet (with leaves on) between the upper one-half of the crown and a neighboring crown (non-crop tree) then it is not free to grow in that quadrant. The competing tree should be removed (see figure 1). One exception to this rule is when two crop trees have adjoining crowns (see figure 2). The two adjoining crop trees will be treated as a single crop tree and all trees surrounding the two crowns shall be removed until the dual crown has a ‘free to grow’ rating of 4.
Cutting of larger trees to release a smaller Forest Service selected crop tree will be required, unless the interfering tree is an oak species that has a DBH 3 inches or larger than the DBH of the selected crop tree. If this does occur, then the contractor can leave the “interfereing tree” and only release the selected crop tree on 3 sides instead of all 4 sides. Occasionaly, trees to be cut will exceed the size of the designated crop tree. In most cases, the Forest Service has identified these trees and painted an ORANGE dot on the tree facing toward the designated crop tree. This indicates that although the tree is “interfering” with the crown of the desiganted crop tree, it should not be cut. Only the other 3 sides should be released in these situations.
If trees are connected by grapevines, cut only those which do not pose a safety risk. Trees that pose a safety risk shall be girdled if possible. The contractor shall provide hazard ribbon and tie on all trees inside the scope of the contract that are unsafe to cut. All grapevines in crop trees shall be severed. However, due to past practices and future safety concerns, the contractor will not be allowed to girdle trees to achieve the objectives of the contract.
Cutting Methods
Trees shall be severed by chainsaw at a height not to exceed 12 inches from the ground.
Ground level is considered from the uphill side of the stump. High stumps will only be allowed in designated units. Visual objectives and safety considerations will drive where this is allowed. Those units will be determined solely by the COR and communicated to the contractor in the Pre Work meeting. Trees to be cut shall be felled all the way to the ground and not left leaning against other trees.
The designated Contracting Officer Representative (COR) or designated Field Inspector will determine on a tree by tree basis whether or not to leave a “hung” tree because of potential hazard to the contractor.
When Contractors encounter a selected crop tree (or more than one) that is a part a multi stem “stump sprout”, they are to proceed with proper release of those stems that are interfering with the crown development of the crop tree. However, they have the option of felling that stem or sprout at a height not to exceed 3 feet in height-leaving a “high stump”. Further, they are to leave a slanted cut if they choose the higher than 12 inches stump height. This high stump will slow the pace of any stump rot into the selected crop trees that will develop over the subsequent years.
Disposition of Felled Trees
Felled trees shall not be piled or windrowed, but shall be left scattered on the ground throughout the area. Felled trees shall not be left lodged in standing trees unless they are hung up by grapevines and briars. If trees are hung up they should be bucked up if it does not pose a safety hazard to try and get the tree to lie on the ground. Felled trees shall be kept out of all open and closed Forest Service roads, which can be used for access through the areas. Contractor does not have salvage rights unless coordinated with the COR.
Resource Protection
NA
Stream, Lake and Reservoir Pollution Prevention
The contractor shall take sufficient precautions to prevent pollution of lakes and streams by fuels, oils and other harmful materials. All streams will be kept free of all contractor generated debris.
Access
• The contractor will protect all trails, roads, ditches, fences and other improvements in the project area.
• Trails shall be kept free of logs, slash and debris, including any felled trees overhanging the trail way prism.
• Roadways (includes closed or “tank-trapped” roads), ditches and road banks shall be free of all contractor-created slash and limbs. The road area prism to be kept free of slash is defined as the top of the cut bank on the uphill side of the road to the bottom of the road bank below the road.
• Any road or trail used by the contractor that is damaged by his operation will be promptly repaired by him.
• Access guidelines will be provided by the COR. Access into some areas requires some walking. (See maps for location of designated “walk-in” units)
• Gates that are locked and not open to the general public will remain closed and locked whenever the contractor is working in units located behind the gate.
Protection of Trees
• The contractor will use every precaution necessary to prevent damage to trees not selected for release.
• The contractor will NOT have the option of girdling trees to release the designated crop trees.
Final Cleanup
Before final acceptance, all trash, rubbish, and debris generated by the contractor's operation will be removed from National Forest land.
Protection of Archeological /Historical Resources
The contractor, upon discovery of suspected archeological or historical materials, will cease work in the vicinity of such material and immediately notify the COR or designated field inspector.
INSPECTION AND ACCEPTANCE
Inspection
Inspection of the work performed under this contract shall be made by the COR or the designated Field Inspector. The inspections shall be made as the work progresses, at such intervals as necessary to insure compliance with the contract specifications and provisions. Upon completion of work in an area, the contractor shall notify the COR that work in the area is completed. If the completed work is acceptable under the terms of the contract, the contractor shall be allowed to proceed with work in the next area. If the work is not acceptable under the terms of the contract, the contractor shall complete any corrective work and gain the COR’s acceptance prior to commencing work in the next area.
Acceptance
As the basis for payment, the COR will inspect for compliance with specifications on areas reported as completed by the Contractor. Each work unit, as designated on the attached maps and described in the Schedule of Items, will be inspected as a separate unit and will not be averaged with any other area for acceptance or payment.
Acceptable work in a unit will be defined by the contractor adequately releasing 95% or more of the target number crop trees on four sides without unnecessary damage to the crop tree or the surrounding residual trees in the stand. Adequate release is defined in Section 210, Trees to be Cut.
However, it is important to note that ALL designated crop trees must show an attempt at release.
In addition, any roads or trails in the work area must be free of contractor created slash and any materials used by the contractor must be cleaned up and removed from National Forest land. Roads and trails are defined above in Section 230 – Access.
MEASUREMENT AND PAYMENT
Method of Measurement
Crop Tree Release
The acres traversed for each unit were completed using a Garmin GPS unit. The data was downloaded into GIS map where acres were recalculated (corrected) to account for slope and landform convexity.
Basis of Payment
Crop Tree Release
Payment will be made at the unit bid price for the trees treated to standard.
SECTION C - CONTRACT CLAUSES
52.252-2 Clauses Incorporated by Reference (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:
https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA
52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)
52.204-13 System for Award Management Maintenance (OCT 2018)
52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services
(NOV 2023)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (DEC 2023) )[DEVIATION JAN 2024]
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31
U.S.C.3903 and 10 U.S.C. 3801)
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and
108-78 (19 U.S.C. 3805note)).
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-regarding-new-trade-agreements-thresholds.pdf
(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
(Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
☒ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of
2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
☐ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (Whistleblower Guidance to Contractor Employees)
☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
☐ (6) [Reserved].
☐ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct
2016) (Pub. L. 111-117, section 743 of Div. C).
☒ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of
Division R of Pub. L. 117-328).
☒ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders – Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023) (Pub. L. 115-390) ☐ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023)
(Pub. L. 115-390, title II) ☐ (ii) Alternate I (Dec 2023) of 52.204-30.
☐ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).
☐ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
☐ (14) [Reserved].
☐ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15
U.S.C.657a).
☒ (16) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.
657a).
☐ (17) [Reserved] ☒ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).
☐ (ii) Alternate I (Mar 2020) of 52.219-6.
☐ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
☐ (ii) Alternate I (Mar 2020) of 52.219-7.
☐ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).
☐ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).
☐ (ii) Alternate I (Nov 2016) of 52.219-9.
☐ (iii) Alternate II (Nov 2016) of 52.219-9.
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK
☐ (iv) Alternate III (Jun 2020) of 52.219-9.
☐ (v) Alternate IV (Sep 2023) of 52.219-9.
☐ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
☐ (ii) Alternate I (MAR 2020) of 52.219-13
☒ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s) [Contracting Officer check as appropriate.]
☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.
☐ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
☐ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022)
(15 U.S.C. 657f).
☒ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023) (15 U.S.C.
632(a)(2)).
☐ (ii) Alternate I (MAR 2020) of 52.219-28.
☐ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
☐ (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C.
637(m)).
☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.
644(r)).
☒ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).
☒ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
☒ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023)
(E.O.13126).(DEVIATION JAN 2024)
☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
☒ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
☐ (ii) Alternate I (Feb 1999) of 52.222-26.
☐ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
☐ (ii) Alternate I (Jul 2014) of 52.222-35.
☒ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).
☐ (ii) Alternate I (Jul 2014) of 52.222-36.
☐ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
☐ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496).
☒ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.
13627).
☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).
☐ (40) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf
☐ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
☐ (44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
☐ (ii) Alternate I (Oct 2015) of 52.223-13.
☐ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
☐ (ii) Alternate I (Jun 2014) of 52.223-14.
☐ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
☐ (47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)
(E.O.s 13423 and 13514).
☐ (ii) Alternate I (Jun 2014) of 52.223-16.
☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
☒ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
☒ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).
☐ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
☐ (ii) Alternate I (Jan 2017) of 52.224-3.
☒ (52)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
☐(ii) Alternate I (Oct 2022) of 52.225-1 ☐ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C.
3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
☐(ii) Alternate I [Reserved] ☐(iii) Alternate II (Dec 2022) of 52.225-3.
☐(iv) Alternate III (Nov 2023) of 52.225-3 (DEVIATION JAN 2024).
☐(v) Alternate IV (Oct 2022) of 52.225-3.
☐ (54) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
☒ (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
☐ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct
2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;
10 U.S.C. Subtitle A, Part V, Subpart G Note).
☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
☒ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42
U.S.C. 5150).
https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf
☐ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
☐ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial
Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).
☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov
2021) (41 U.S.C.4505, 10 U.S.C.3805).
☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)
(31 U.S.C. 3332).
☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management
(Jul 2013) (31 U.S.C.3332).
☐ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
☐ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
☐ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
☐ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46
U.S.C. 55305 and 10 U.S.C. 2631).
☐ (ii) Alternate I (Apr 2003) of 52.247-64.
☐ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
Contracting Officer check as appropriate.] ☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41
U.S.C. chapter 67).
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.
This Statement is for Information Only: It is not a Wage Determination
Employee Class Monetary Wage/Fringe Benefits http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
☒ (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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712)
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328)
(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023) (Pub. L. 115-390, title II)
(B) Alternate I (Dec 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C.637(d)(2) and
(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xvi) (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).
(xvii) 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).
(xviii) 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).
(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan
2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;
10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 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.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801)
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)
52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)
52.232-18 Availability of Funds (APR 1984)
52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)
52.242-15 Stop-Work Order (AUG 1989)
52.252-6 Authorized Deviations in Clauses (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.
(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
452.211-74 Period of Performance (FEB 1988)
The period of performance of this contract is from 03/01/2024 through 02/28/2025.
452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)
(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).
(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.
(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.
452.237-74 Key Personnel (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel: ________________.
(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 Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.
SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
1. Attachment A – How should crop trees be released?
2. FY24 CTR: Lee Road Area Map
3. FY24 CTR: LEED RD. & CA HOLLOW VICINITY MAP
4. FT24 CTR: PORTERFIELD RD AREA MAP
5. FY24 CTR: PORTERFIELD RD VICINITY MAP
6. FY24 CTR: SAND PLANT AREA MAP
7. FY24 CTR: SAND PLANT VICINITY MAP
8. FY24 CTR: TURKEY NEST AREA MAP
9. FY24 CTR: TURKEY NEST VICINITY MAP
10. Wage Determinations
SECTION E - SOLICITATION PROVISIONS
52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
Federal Acquisition Regulation (FAR) Provisions:
https://www.acquisition.gov/browse/index/far (FAR Provisions begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Provisions:
https://www.acquisition.gov/agar (AGAR Provisions begin with 452) FAR and AGAR Deviations to provisions may be viewed at: Policies & Regulations | USDA
52.201-1 Acquisition 360: Voluntary Survey (SEP 2023)
(a)All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https://www.acquisition.gov/360.
(b)The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.
52.204-7 System for Award Management (OCT 2018)
52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)
52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023)
Addenda to Provision 52.212-1:
For simplified acquisitions, the word quote or quoter is substituted in provision 52.212-1 for the word offer or offeror.
Addenda to Provision 52.212-1 paragraph (b) Submission of Offers:
1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/
2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.
https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.acquisition.gov/360 https://www.sam.gov/SAM/
a) Technical Proposal – The technical proposal shall address the evaluation factors in 52.212-2. At a minimum technical proposal shall include:
i) Past Performance – provide a list of similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. In the event that there is no past performance information available, the offeror will receive a neutral rating in this factor.
ii) Technical Capability – Provide a list of equipment and key personnel (with qualifications) that will be used to complete this project.
b) Price Proposal – Include the following: 1) the completed, signed SF-1449, 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s), and 3) the completed Schedule of Items contained in Section B of this solicitation.
3) Submit offer by email to Minkyu.kim@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and Representations and Certifications) in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email.
It is the offerors…
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