12444322Q0035.pdf

Solicitation Number: 12444322Q0035 – Site Preparation on the Marienville Ranger District

(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; offers are being requested and a written solicitation will not be issued.

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

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

(iv) This procurement is set aside for Small Business concerns. The NAICS code is 115310 – Support Activities for Forestry and the Small Business Size Standard is $8.0 millon.

(v) Schedule of Items/Price Schedule

FY 2022 SITE PREPARATION ON THE MARIENVILLE RANGER DISTRICT

OF THE ALLEGHENY NATIONAL FOREST

Vendor: _____________________________ DUNS: ____________________

SCHEDULE OF ITEMS

Items 1-4

Item Area Quantity Unit Unit Price Total 1 802014 29 Acres X $ = $ 1 803043 47 Acres X $ = $ 1 819040 12 Acres X $ = $ 1 825054 9 Acres X $ = $ 1 816071 6 Acres X $ = $ 1 816012 52 Acres X $ = $ 1 823034 20 Acres X $ = $ 1 823059 10 Acres X $ = $ 1 824043 3 Acres X $ = $ 1 823002 42 Acres X $ = $ 1 824046 8 Acres X $ = $ 1 824060824061 12 Acres X $ = $ 1 824037 10 Acres X $ = $ 1 823010823021 21 Acres X $ = $ 1 823009 57 Acres X $ = $ 1 823006 36 Acres X $ = $ 1 823003823004 36 Acres X $ = $ 1 823020 13 Acres X $ = $ 1 812067 11 Acres X $ = $ 1 812066 12 Acres X $ = $ 1 817027 22 Acres X $ = $

TOTAL Bid Item 1 469 $ 2 832016 27 Acres X $ = $ 2 832031 13 Acres X $ = $ 2 716023 22 Acres X $ = $ 2 832037 15 Acres X $ = $ 2 704002715049 32 Acres X $ = $ 2 704003 31 Acres X $ = $ 2 715054 2 Acres X $ = $ 2 704009 26 Acres X $ = $ 2 704012 19 Acres X $ = $ 2 716018 24 Acres X $ = $ 2 716020 27 Acres X $ = $ 2 715032 21 Acres X $ = $ 2 715030 14 Acres X $ = $ 2 714028 28 Acres X $ = $ 2 714017 19 Acres X $ = $ 2 842028 28 Acres X $ = $ 2 833057 14 Acres X $ = $ 2 700140 10 Acres X $ = $

TOTAL Bid Item 2 372 $

880004

Acres

X

3 871108 22 Acres X $ = $ 3 871064871099 38 Acres X $ = $ 3 871071 28 Acres X $ = $ 3 871049871033 45 Acres X $ = $ 3 865025 37 Acres X $ = $ 3 865072 19 Acres X $ = $ 3 865033 15 Acres X $ = $ 3 865078 19 Acres X $ = $ 3 865012865071 25 Acres X $ = $ 3 865066 27 Acres X $ = $ 3 889026 41 Acres X $ = $ 3 885024 10 Acres X $ = $ 3 886020 40 Acres X $ = $ 3 886013048049 31 Acres X $ = $ 3 885080 7 Acres X $ = $ 3 882062882095 23 Acres X $ = $ 3 885016 13 Acres X $ = $ 3 887017 8 Acres X $ = $ 3 866003 22 Acres X $ = $ 3 866007866008 29 Acres X $ = $ 3 870030 14 Acres X $ = $ 3 870082 18 Acres X $ = $ 3 870033 21 Acres X $ = $ 3 870038870080 25 Acres X $ = $

TOTAL Bid Item 3 594 $ 4 625034 3 Acres X $ = $ 4 647044 15 Acres X $ = $ 4 650103 26 Acres X $ = $ 4 641147 9 Acres X $ = $ 4 693056 18 Acres X $ = $ 4 693048 16 Acres X $ = $

TOTAL Bid Item 4 87 $

Contract TOTAL 1,522 Acres $

SCHEDULE OF ITEMS NOTES:

Note 1: All employees working on this contract shall have the ability to identify trees and shrubs common to this area of Pennsylvania.

Note 2: A site visit is not scheduled for this project, prospective quoters are “strongly encouraged” to view the sites themselves to make their own estimate on the amount of work needed. Additional technical information or assistance with locating the specific project areas may be obtained by contacting the Contracting Officer.

Note 3: Contractor must be registered in www.sam.gov in order to submit an offer on this project. Obtaining a DUNS number and registering in SAM is free. The SAM website is www.sam.gov.

Note 4: This is a Performance Based Service Contract. Note disincentives under Inspection Methods in the Statement of Work.

Note 5: Multiple contracts may be awarded as a result of this solicitation. You are required to submit pricing for all Areas within each Bid Item you want to be considered for.

Contractor Acceptance Statement: By signing the offer, the Contractor agrees to all terms, conditions, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule.

(Vendor Name) (Date) http://www.sam.gov/

(vi) Description of Requirement (including a list of any attachments)

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

DIVISION 100 - GENERAL SPECIFICATIONS

100 - Scope of Contract

It is the intent of this solicitation and any resulting contract to have site preparation (felling work) and any resulting required slash disposal work accomplished on the Marienville Ranger District of the Allegheny National Forest. The contractor shall furnish tools, labor, equipment, and supervision required, unless otherwise provided herein.

All employees working on this contract shall have the ability to identify trees and shrubs common to this area of Pennsylvania.

110 - Location and Description

All boundaries will have either orange painted “/// or //” and/or orange flagging, and at least one corner is marked with an orange tag indicating “2022 Site Prep”.

Vicinity maps and individual maps are included within this package.

120 - Access

Forest Service System Roads are marked with a signpost or some other sign marking next to the road. If the road is not marked with a sign posting, it is probably an oil and gas road and not in the best condition for driving on. Some areas may be behind a gated road and the Contractor will coordinate with the COR for gaining access behind locked gates. The use of any vehicles will be subject to conditions of the Motor Vehicle Use Map (MVUM) July 29, 2011. The MVUM shows which roads, trails and areas of the National Forest that are designated for motor vehicle use pursuant to 36 CFR 212.51. Use outside of the MVUM designations is not permitted unless written permission is granted by the COR.

130 – General Work Description

Competing vegetation of birch and beech up to 8.0 inches in diameter at breast height will be cut in this contract as noted in the table below. All diameter sizes of striped maple, pin cherry and buckthorn shrub will be cut in this contract. All birch, beech, striped maple, and pin cherry greater than 12” tall and up to the diameter limit will be cut (also hemlock, ironwood and mountain laurel when indicated by the table below). All sizes of buckthorn shrub encountered will be cut.

Contractor must check the table below for specific species and diameters to cut.

Item Area Acres Diameter Limit (inches DBH) Species

1 802014 29 8 BI, BE, STM, PC, BT

1 803043 47 8 BI, BE, STM, PC, BT

1 819040 12 8 BI, BE, STM, PC, BT

1 825054 9 8 BI, BE, STM, PC, BT

1 816071 6 8 BI, BE, STM, PC, BT

1 816012 52 8 BI, BE, STM, PC, BT

1 823034 20 6 BI, BE, STM, PC, BT

1 823059 10 6 BI, BE, STM, PC, BT

1 824043 3 6 BI, BE, STM, PC, BT

1 823002 42 6 BI, BE, STM, PC, BT

1 824046 8 6 BI, BE, STM, PC, BT

1 824060824061 12 6 BI, BE, STM, PC, BT

1 824037 10 6 BI, BE, STM, PC, BT

1 823010823021 21 6 BI, BE, STM, PC, BT

1 823009 57 6 BI, BE, STM, PC, BT

1 823006 36 6 BI, BE, STM, PC, BT

1 823003823004 36 6 BI, BE, STM, PC, BT

1 823020 13 6 BI, BE, STM, PC, BT

1 812067 11 8 BI, BE, STM, PC, BT

1 812066 12 8 BI, BE, STM, PC, BT

1 817027 22 8 BI, BE, STM, PC, BT

2 832016 27 6 BI, BE, STM, PC, BT

2 832031 13 6 BI, BE, STM, PC, BT

2 716023 22 6 BI, BE, STM, PC, BT

2 832037 15 6 BI, BE, STM, PC, BT, IW

2 704002715049 32 6 BI, BE, STM, PC, BT

2 704003 31 6 BI, BE, STM, PC, BT

2 715054 2 6 BI, BE, STM, PC, BT

2 704009 26 6 BI, BE, STM, PC, BT

2 704012 19 6 BI, BE, STM, PC, BT

2 716018 24 6 BI, BE, STM, PC, BT

2 716020 27 6 BI, BE, STM, PC, BT

2 715032 21 6 BI, BE, STM, PC, BT

2 715030 14 6 BI, BE, STM, PC, BT

2 714028 28 6 BI, BE, STM, PC, BT

2 714017 19 6 BI, BE, STM, PC, BT

2 842028 28 8 BI, BE, STM, PC, BT

2 833057 14 6 BI, BE, STM, PC, BT

2 700140 10 6 BI, BE, STM, PC, BT

3 880004 17 8 BI, BE, STM, PC, BT

3 871108 22 6 BI, BE, STM, PC, BT

3 871064871099 38 6 BI, BE, STM, PC, BT

3 871071 28 6 BI, BE, STM, PC, BT

3 871049871033 45 6 BI, BE, STM, PC, BT

3 865025 37 6 BI, BE, STM, PC, BT

3 865072 19 6 BI, BE, STM, PC, BT

3 865033 15 6 BI, BE, STM, PC, BT

3 865078 19 6 BI, BE, STM, PC, BT

3 865012865071 25 6 BI, BE, STM, PC, BT

3 865066 27 6 BI, BE, STM, PC, BT

3 889026 41 8 BI, BE, STM, PC, BT

3 885024 10 6 BI, BE, STM, PC, BT

3 886020 40 6 BI, BE, STM, PC, BT

3 886013048049 31 8 BI, BE, STM, PC, BT

3 885080 7 6 BI, BE, STM, PC, BT

3 882062882095 23 6 BI, BE, STM, PC, BT

3 885016 13 6 BI, BE, STM, PC, BT

3 887017 8 8 BI, BE, STM, PC, BT, HEM

3 866003 22 6 BI, BE, STM, PC, BT

3 866007866008 29 6 BI, BE, STM, PC, BT

3 870030 14 6 BI, BE, STM, PC, BT

3 870082 18 6 BI, BE, STM, PC, BT

3 870033 21 6 BI, BE, STM, PC, BT

3 870038870080 25 6 BI, BE, STM, PC, BT

4 625034 3 8 BI, BE, STM, PC, BT, Laurel

4 647044 15 8 BI, BE, STM, PC, BT

4 650103 26 8 BI, BE, STM, PC, BT

4 641147 9 8 BI, BE, STM, PC, BT

4 693056 18 8 BI, BE, STM, PC, BT

4 693048 16 8 BI, BE, STM, PC, BT

Species Codes: BI = Birch, BE = Beech, STM = Striped Maple, PC = Pin Cherry, BT = Buckthorn, HEM = Hemlock, IW = Ironwood, Laurel = Mountain Laurel

140 – Government Furnished Property

The US Forest Service will provide several items to the contractor for the duration of the contract. These items will be distributed at the pre-work meeting.

Government Furnished property will include the following items:

141 – Printed maps of all work areas displaying the location of stand boundaries, reserve areas, streams, and nearby roads. Shape files for use with GPS technology will also be provided at the prework. Upon request, georeferenced PDF maps will be furnished for use in Avenza or similar app.

142 – Contractor Identification Cards for display in vehicles while on work site.

These cards identify a vehicle located on USFS lands as belonging to a contractor working on a government contract. While carrying out work onsite, the contractor must display these cards on their vehicle in a clearly visible location, such as in a window.

143 – USFS Gate Key(s). These must be returned to the Marienville Ranger

District prior to approval of the final contract invoice.

DIVISION 200 - TECHNICAL SPECIFICATIONS

210 – Species Requiring Treatment

The following species specified shall be cut and are considered competing vegetation - undesirable species:

211 - Striped Maple (Acer pensylvanicum) - All live striped maple which is taller than one foot in height shall be felled and completely severed from the stump, in All Work Areas.

212 - Pin (Fire) Cherry (Prunus pensylvanica) - All live pin cherry which is taller than one foot in height shall be felled and completely severed from the stump, in All Work Areas.

213 – Buckthorn Shrub (Rhamnus spp.) - All live buckthorn shrub shall be felled and completely severed from the stump, including those occurring in reserve areas. All Work Areas.

214 - American Beech (Fagus grandifolia) - All live beech taller than one foot in height and less than 6.0” or 8.0”inches in diameter as noted in the above table at a point 4.5 feet (DBH) above the ground shall be felled and completely severed from the stump, in All Work Areas.

215 - Sweet/Black Birch (Betula lenta) - All live birch taller than one foot in height and less than 6.0” or 8.0”inches in diameter as noted in the above table at a point 4.5 feet (DBH) above the ground shall be felled and completely severed from the stump, in All Work Areas.

216 – Eastern Hemlock (Tsuga canadensis) – Area 887017 only – All live hemlock poles up to 8.0” in diameter at a point 4.5 feet (breast height) above the ground shall be felled and completely severed from the stump.

217 - Ironwood (Ostrya virginiana) - Area 832037 only All live ironwood taller than one foot in height and less than 6.0” or 8.0” in diameter as noted in the table above at a point 4.5 feet (DBH) above the ground shall be felled and completely severed from the stump.

220 – Stump Height

Maximum cutting height is six inches, unless otherwise stated to the Contractor in writing by the Contracting Officer's Representative (COR) due to unusual circumstances.

• Sprouts (multiple stems) will be cut as close to the ground as possible.

• Woody vegetation will be cut in a manner which results in a flat (parallel with the ground) surface.

• Angular stump cuts will not be allowed.

230 – Boundary Trees

Boundary trees are not to be felled. Area boundary trees are marked, either with orange or white paint, with either 2 or 3 stripes on the trees. Some of the unit boundaries may have been enhanced with orange glo flagging. It is recommended that the contractor have the ability to use GPS shape files or georeferenced PDFs of the treatment units. This will aid the contractor in verifying unit boundaries at the work sites each day. GPS shape files and/or georeferenced PDFs of the treatment units will be made available from the Government at the pre-work meeting. Commercial products, such as handheld GPS devices, are available for using GPS shape files or .pdf type map files.

240 - Special Requirements

241 - Reserve areas will not be site prepped with the exception of buckthorn shrub.

Buckthorn shrub will be cut in reserve areas. Reserve Areas are marked generally by a white or green painted three stripe, “///”.

242 – Lodged (hung up) trees shall be pulled or cut down so they are horizontal to the ground.

243 - Trees shall not be felled onto any objects such as pipelines, oil, gas and mineral development, wells, power lines, tree shelters, fences, dog trial lanes, or roads. The contractor shall be responsible for any damage caused to such objects.

244 - Only live trees will be cut; all snags encountered will be retained unless they are a hazard to contractor safety.

250 – Species Not Specified to be Cut (Desirables)

Care shall be taken to not damage or cut desirable species. A maximum of 10% of the desirables may be cut when intertwined and amongst undesirables specified to be cut. See Disincentives under Inspection Methods in the Statement of Work.

260 - Slash Disposal

Slash created by the Contractor's operations shall be removed 15 feet away from following locations:

Clear R-O-W & ditch line private land fence maintenance trails historic railroad grades well openings fences old main skid trails oil/gas lease roads stream courses pipelines and power lines maintenance trails seeps wildlife openings recreational trails active stone pits

• All preferred trees will be released from all slash, so they are standing straight up on their own.

• The tops of all trees will not be left hanging and be lopped down to within 5 feet of the ground.

• The Contractor is responsible for any damage to fences, oil/gas developments, pipelines, power lines, and other improvements caused by his operations.

270 – Progression of Work

If a contractor is awarded more than one item, only one item may be worked on at a time unless prior arrangements have been made with the COR. Work has to be completed before leaving each work area and going to the next area. The COR may direct the Contractor to a specific work area if there is a conflict with other activities in the area (ex. active logging) or in order to meet Forest Objectives.

280 – Responsibility for Safety

It is the contractor’s responsibility to ensure that the work environment is safe for themselves as well as their employees. If the contractor feels that a requirement of this contract would place them or their employees in an unsafe environment, then work should stop, and the contractor should contact the COR. Work on other areas of the contract that the contractor does not view as unsafe should continue.

The Contractor is required to follow all applicable OSHA standards while working on the job site. In addition, it is required that the successful contractor utilize appropriate personal protective safety equipment/clothing, which includes, but is not limited to, a hardhat, leg protection (chainsaw chaps), ear protection, eye protection, and hand protection, while working in the project area with power equipment.

290 - Notification

Contractor shall be required to notify the COR prior to starting work on any items.

The contractor shall also notify the COR at least weekly of the progress being attained on this project and which areas are being worked on. If work is going to be suspended for more than 3 days, the contractor must notify the COR when they plan to return to the contract work. The contractor will notify the COR when they have completed an area and it is ready for inspection. This notification can be either oral, written or e-mailed.

PERFORMANCE-BASED SERVICE CONTRACT (PBSC) REQUIREMENTS

Performance Work Statement – Contractor

The Contractor shall perform site preparation-release work in accordance with the specifications contained in this contract.

Inspection Methods

The Government is able to inspect any work the contractor performs, and the Contractor shall be required to rework any areas that are not in conformance to the requirements of this contract.

Performance Based Program

Performance based program apply to the Government’s inspections for contract compliance. All work must meet the acceptance standards as listed below.

For the purposes of applying disincentives the Government will conduct compliance inspections on a minimum of 10% of the acres the Contractor has reported as completed to specifications.

Plots to check compliance will be randomly placed in the areas to be inspected by the Government inspector. For purpose of applying performance results, inspections shall be deemed to accurately reflect the total work.

DISINCENTIVES

Disincentive

If a Contractor has to be sent back to an area that the Government has failed on the 1st inspection and the Contractor failed again to fix work that was not done to the contract specifications, there will be a 5% deduction from their payment for that Area. With each following return to the Area to fix the work an additional 3% deduction from the final payment for that Area will be made.

If the Contractor does not meet the time conditions outlined in the Period of Performance section, there will be a 10% deduction from the payment of the unfinished acres. An additional 5% deduction will occur for each additional week that the required work is not completed.

If an Area has between 10% and 20% of preferred species cut down, there will be a 10% deduction from that area’s total cost. If an Area has between 20% and 50% of preferred species cut down, there will be a 25% deduction from that Area’s total cost. If an Area has greater than 60% of preferred species cut down, there will be a 75% deduction from that Area’s total cost.

The use of disincentives does not waive any other rights of the Government, in dealing with inadequate performance.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The contracting Officer will designate a Contracting Officer's Representative (COR) at the time of award.

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

On all matters that pertain to the contract terms the contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the contracting officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal for a contract claim.

LIST OF ATTACHMENTS

Listed below are all of the documents attached to, and forming a part of, this contract:

Exhibit Title Pages

Exhibit A - Vicinity Maps 5 Pages

Exhibit B - Project Maps 43 Pages

Exhibit C - Site Preparation Inspection Form 1 Page

Exhibit D - Information Sheet 2 Pages

Exhibit E - Wage Determination 3 Pages 1981-0682 Rev 63 Dated 03/15/2022

Exhibit F - Optional Use Government Provided 3 Pages Technical Forms

Note: Maps are not reproduced to scale and are included for purpose of locating project area only.

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

Location of Work: Marienville Ranger District of the Allegheny National Forest

PERIOD OF PERFORMANCE

It is estimated that the work on this project will start on July 1, 2022, at the earliest. The contractor shall be required to the following:

• Contractor will request a pre-work date within 7 days of the start of the contract,

• Contractor shall be required to prosecute the work diligently and complete the entire contract no later than October 14, 2022.

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021) (Provision) Addenda to provision 52.212-1:

Addenda to 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 past performance and experience information, technical information for personnel and equipment (a form has been provided and attached for optional use), a priced quote, and contractor representations and certifications. All line items must be priced and included in order to be considered for award.

a) Past Performance & Experience – 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). If subcontractors will be utilized if awarded a contract resulting from this solicitation, this information is required for subcontractors as well.

b) Technical – provide a list of personnel and equipment to be utilized for performance under a resulting contract if award is made to your company. If subcontractors will be utilized if awarded a contract resulting from this solicitation, this information is required for subcontractors as well.

c) Priced Quote – include the following: 1) completed price schedule from Section V of this announcement (pages 2 – 4) and 2) acknowledge any amendments issued on sam.gov for this solicitation by completing and signing the posted SF-30.

d) Representations and Certifications – Fill in the check boxes for provisions 52.204-24 (pages 34 -37), 52.212-3 (page 37), and Employment of Eligible Workers- Workforce Certification (page 38) found in this solicitation.

https://www.sam.gov/SAM/

2) Submit offer by email to carrie.edwards@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 or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer.

3) All questions must be submitted in writing. Address questions about this solicitation to Carrie Edwards at carrie.edwards@usda.gov.

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price Past Performance and Experience Technical: Personnel and Equipment

Past performance and technical, when combined, are approximately equal to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before 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):

mailto:carrie.edwards@usda.gov

(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:

☒ (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) ☐ 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:

☒ (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

11210 Laborer, Grounds Mtce WG-3 $9.93 PH 16-20%

☐ (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.

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

(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:

52.203-3 Gratuities (APR 1984)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(MAY 2011)

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

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

52.228-5 Insurance – Work on a Government Installation (JAN 1997)

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)

52.252-2 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 Inquiries (FEB 1998)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

452.204-70 Modification for Contract Closeout (OCT 2021) Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for 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 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 60 calendar days after the date of contract award. The conference will be held at a mutually agreeable location on the Marienville Ranger District of the Allegheny National Forest, Pennsylvania (may be held virtually).

452.222-70 Labor Law Violations (OCT 2021) In accepting this contract award, the contractor certifies that it is in compliance with all applicable labor laws and that, to the best of its knowledge, its subcontractors of any tier, and suppliers, are also in compliance with all applicable labor laws. The Department of Agriculture will vigorously pursue corrective action against the contractor and/or any tier subcontractor (or supplier) in the event of a violation of labor law(s) made in the provision of supplies and/or services under this or any other government contract. The contractor is responsible for promptly reporting to the contracting officer if and when adjudicated evidence of noncompliance occurs. The Department of Agriculture considers certification under this clause to be a certification for purposes of the False Claims Act.

The Department will cooperate as appropriate regarding labor laws applicable to the contract which are enforced by other agencies.

Applicable Labor Laws include:

(a) the Fair Labor Standards Act; (b) the Occupational Safety and Health Act; (c) the Migrant and Seasonal Agricultural Workers Protection Act; (d) the National Labor Relations Act; (e) the Davis-Bacon Act; (f) the Service Contract Act; (g) Executive Order 11246 (Equal Employment Opportunity); (h) Section 503 of the Rehabilitation Act of 1973; (i) the Vietnam Era Veterans’ Readjustment Assistance Act; (j) the Family and Medical Leave Act; (k) Title VII of the Civil Rights Act of 1964; (l) the Americans with Disabilities Act of 1990; (m)the Age Discrimination in Employment Act of 1967; (n) Executive Order 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (o) equivalent state laws, as defined by the Secretary of Labor in guidance.

(p) Executive Order 13627 (Strengthening Protections Against Trafficking in Persons in Federal Contracts)

The contractor and any subcontractors shall incorporate into lower tier subcontracts a requirement that the information described above be provided to the contractor.

452.222-71 Past Performance Labor Law Violations (OCT 2021)

In submitting this offer, the offeror (prospective contractor) certifies to the best of the offeror’s knowledge and belief, that they, and any subcontractor at any tier, are in compliance with all previously required corrective actions for adjudicated labor law violations (see applicable labor laws in 452.222.70).

Prior to receiving an award, a contractor shall provide a list of the specific violations of the legal requirements listed above, if any, and be given an…