12569R20Q0009.docx

12569R20Q0009 Combined Synopsis/Solicitation Solicitation Number 12569R20Q0009 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation is issued as a Request for Quotations. The documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-03.

This procurement is a total small business set aside. The NAICS code is 115310 and the Small Business Size Standard is $20.5 million.

Schedule of Items:

This solicitation is for a multiple award hazardous fuels reduction indefinite-delivery indefinite-quantity (IDIQ) contract. Five task orders are advertised with this solicitation, each containing its own schedule of items. Task orders to be competed after IDIQ contract awards will include their own schedule of items. The IDIQ contracts themselves do not have a schedule of items.

Description of Requirement:

IDIQ Contracts The intent of this solicitation is to award multiple IDIQ contracts for hazardous fuels reduction. The exact number of contract awards will depend on responses received, qualifications, and prices. The Government does not intend to award more than six contracts.

Task Orders Five task orders are advertised with the initial IDIQ solicitation. The Government intends on awarding all five task orders at the time of IDIQ contract awards. These initial task orders will be awarded based on price, though the Government reserves the right to award task orders at a higher price in order to meet minimum award guarantees or performance requirements. Future task orders will be advertised as the need arises and will be competed amongst contractors receiving IDIQ contract awards as describe in the ordering procedures of this solicitation and resulting contracts.

Statement of Work and Site Conditions This contract includes treatment, manipulation, and removal of hazardous fuels including but not limited to wind thrown trees, standing green tress, dead and down trees, dead standing trees, root sprung trees, broken trees, damaged trees, understory vegetation, saplings, regeneration, brush, and logging slash. Vegetation determined to be hazardous fuels by Forest Service employees need to be manipulated in a way to pose less of a threat to local communities, infrastructure, and forest resources in the event of a wildfire. This may be accomplished by whole tree removal, processing, chipping, masticating, off site removal, piling, incinerating etc. Different locations will require different treatments to achieve objectives set by Forest service employees. Equipment likely to be used includes but is not limited to processors, forwarders, self-loading log trucks, skid steers, masticating heads, excavators, air curtain incinerators, chippers, etc. We expect operators to have all necessary equipment to successfully accomplish objectives set by Forest Service employees.

Specifications specific specifications will be included with each separate task order. Below are examples, they are not all inclusive.

· Removal of all downed timber greater than specified diameter within a specified area

· Removal of all standing timber greater than specified diameter with a lean of 10% or more

· Removal of all broken and root sprung timber

· Processing of merchantable timber 5” DBH or greater to 100” lengths

· Decking of processed merchantable timber near road side

· Decking timber separately based on hardwood, conifer, and aspen

· Offsite removal of all materials to a site chosen by contractor

· Chipping, mulching, masticating and or incinerating of all woody material

· Removing, masticating, chipping, mulching, or incinerating of all non-merchantable size timber of a specified diameter

· Masticating, mulching, or chipping of logging slash and woody regeneration

· Once work has begun in a unit awarded by task order, work must be completed before moving to new location awarded by separate task order

· Prior to taking any equipment off a gravel-surfaced road into the woods, trails and openings, the Forest Service must inspect all equipment to be visually free of dirt, seeds, or plant parts that may contain invasive species. Expectation is for equipment to have been cleaned with stiff broom or thoroughly washed prior to arrival at work site. If moving between work sites the operator will not be expected to clean their equipment. If equipment leaves the Chequamegon-Nicolet and works elsewhere, we expect the equipment to be cleaned and we will inspect it before allowing work to resume at these project sites.

· If fire danger is High or above, Forest Service may temporarily suspend operations until fire danger declines.

· If rutting is occurring, Forest Service may temporarily suspend mechanical operations until ground conditions improve.

· If snow depth is determined to be too great by Forest Service representatives to successfully achieve desired results operations may be suspended at discretion of Forest Service.

· Work can be completed any time conditions allow for the operator to achieve desired objectives with the approval of a Forest Service Representative.

· If listed plants, dens or nests of listed species are found and occupied, work will cease immediately and the Forest Service biologist will be contacted to determine next steps.

· If any heritage resources are discovered, work will cease immediately and the Forest Service archaeologist will be contacted to determine next steps.

This is a performance-based, Multiple Award Task Order Contract It is anticipated the following mechanical fuel reduction efforts may be performed:

· Mechanical brush mastication

· Mechanical slash mastication

· Mastication by task order

· Removal of dead and down timber

· Removal of standing, broken, and root sprung timber

· Chipping or mulching of top wood, tip wood, branches, slash, and woody material greater than a specified diameter

· Processing and decking of merchantable timber

· Off-site removal of all non-standing woody material greater than a specified diameter

· Incineration of woody material

· Processing of standing and down timber by task order

The following are general explanations of anticipated work that will be expected by the Government

Brush Mastication: Cut all brush within the project area to the specifications negotiated at time of task order award.

Slash Mastication: Masticate all Slash within the project area to the specifications negotiated at time of task order award.

Mastication by Task Order: Includes specialized work not described in the above. Specifications will be provided for each task order.

Removal of Dead and Down Timber: Removal of all dead and down woody material within the project area to specifications negotiated at time of task order.

Removal of Standing, Broken and Root Sprung Timber: Removal of standing, broken and root sprung timber within the project area to specifications negotiated at time of task order.

Chipping or Mulching of Top Wood, Tip Wood, Branches, Slash and Woody Material Greater than a Specified Diameter: Chipping, mulching or masticating of all woody material within the project area to specifications negotiated at time of task order.

Processing and Decking of Merchantable Timber: Merchantable timber 5” DBH or greater to be processed, cut to 100” or other specified length and decked near roadside or other specified area separated by hardwood, conifer, and aspen species.

Off-site Removal of Non Standing Woody Material Greater than a Specified Diameter: Removal of all woody material to specifications negotiated at time of task order to a site of the contractors choosing off National Forest lands not provided by Forest Service personnel.

Incineration of Woody Material: Incineration of woody materials of a specified diameter negotiated at time of task order within a fully enclosed self-contained incinerator.

Processing of Standing and Down Timber by Task Order: Includes specialized work not described in the above. Specifications will be provided for each task order.

Boundaries

Unit boundaries will be designated on maps, aerial photos and/or in GPS shape files. On the ground boundary designation may be by obvious roads, timber lines, vegetation type changes and/or other features. Perimeters of the work areas may be identified on aerial photos, as well as referenced maps, included with Task Orders. It is the expectation of the Forest Service, contractors will have the ability to use geo-referenced maps to stay within unit boundaries using Avenza or a similar type program. It is the contractors’ responsibility to stay within unit boundaries. Where possible, the gross size of work units in each item has been determined via (GPS) Global Positioning Systems and/or Geographic Information Systems (GIS). Accessible reference points along the perimeter of work areas may be identified with boundary flagging, i.e., corners. The entire perimeters of inaccessible work areas may not be flagged. Where aerial photos or maps and the on-ground designation conflict, the on-ground designation shall govern unless otherwise directed by the Forest Service Representative.

Quality Assurance Surveillance Plan The COR or designated Forest Service Representative will be perform four quality inspections during the performance of each task order, at 25% completion intervals. The contractor is required to notify the COR upon completion, by their estimate, at the 25%, 50%, 75%, and 100% milestones. The COR will notify the contractor of the date and time that the inspection will be performed. The contractor may accompany the COR during the inspection. The COR will perform a physical inspection of the completed work, take necessary measurements, and compare performance to the performance standards identified in the performance work statement. Work not meeting the performance standards shall be re-worked at the contractor’s expense and will be re-inspected at the next inspection interval.

Delivery Details/Period of Performance:

IDIQ contracts are valid for a period of five years from the date of contract award, or when the maximum award limit is reached, whichever comes first. Task orders will include their own period of performance information.

The following Federal Acquisition Regulation (FAR) clauses and provisions, the Department of Agriculture Acquisition Regulation (AGAR) clauses and provisions, and supplemental terms and conditions apply to this solicitation and are incorporated by reference (IBR) or by full text into the solicitation and final awarded contract. Items IBR can be viewed in full text at http://www.acquisition.gov/far/

COMMERCIAL FAR CLAUSES AND PROVISIONS:

52.212-1 Instructions to Offerors – Commercial Items (OCT 2018)

52.212-2 Evaluation – Commercial Items (OCT 2014) (FAR 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:

Technical Capability Personnel Qualifications Past Performance Price Technical and past performance, when combined, are equal when compared to price.

(b) 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.

52.212-3 Offeror Representations and Certifications – Commercial Items (DEC 2019) 52.212-4 Contract Terms and Conditions – Commercial Items (Deviation 2017-1) (OCT 2018) Deviation 2017-1 modifies paragraph r to remove reference to 41 U.S.C. 4712.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Deviation 2017-1) (JAN 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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019) (Section 89(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. 3805 note)).

(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 items:

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_(3a) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (April 2014) (41 USC 4712) (Deviation 2017-1) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (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 (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] _X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (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 (Aug 2018) (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 Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9.

_X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657 f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (FEB 1999) of 52.222-26 _X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

___ (ii) Alternate I (JULY 2014) of 52.222-35 _X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (JULY 2014) of 52.222-36 _X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

_X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(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.)

_X_(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693) __ (38)(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.

__ (39)(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.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (41)(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.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) __ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693) __ (45)(i)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (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, 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) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 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).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (ii) Alternate II (Feb 2006) 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 items:

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (4) 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).

__ (5) 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).

__ (6) 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).

__ (7) 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).

X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

X (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (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, 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 items. 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 (Oct 2015) (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 (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(viii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(xii) 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.

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

(xiv) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

OTHER CONTRACTUAL REQUIREMENTS AND TERMS AND CONDITIONS:

FAR & AGAR CLAUSES:

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued for a period of 5 years from the date of contract award.

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

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $250,000;

(2) Any order for a combination of items in excess of $250,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

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

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

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

52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Teri Sabin Chief, Procurement Policy Branch 318-625-7501 Teri.sabin@usda.gov

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

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

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

AGAR 452.216-73 Minimum And Maximum Contract Amounts (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $5,000, but not in excess of $7 million.

AGAR 452.228-71 Insurance Coverage (NOV 1996)

Pursuant to the clause "Insurance - Work on a Government Installation (52.228-5)," the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Air craft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

Alternate I (NOV 1996). As prescribed in 428.310, substitute the following paragraph (b), when additionally the contractor must have property damage liability coverage:

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance shall be required in the amount of $500,000 per occurrence.

AGAR 452.237-75 Restrictions Against Disclosure (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(End of Clause)

FAR PROVISIONS:

52.204-16 Commercial and Government Entity Code Reporting (JUL 2016)

52.207-6 Solicitations and Offers from Small Business Concerns and Small Business Business Teaming Arrangements or Joint Ventures (Multiple Award Contracts) (OCT 2016)

52.209-7 Information Regarding Responsibility Matters (OCT 2018) 52.216-27 Single or Multiple Award (OCT 1995) 52.223-1 Biobased Product Certification (MAY 2012) 52.223-4 Recovered Material Certification (MAY 2008)

SUPPLEMENTAL TERMS AND CONDITIONS:

ORDERING PROCEDURES - Issuance of Task Orders Task Orders will be issued in accordance with FAR 52.216-18, FAR 52.216-19, FAR 52.216-22 and AGAR 452.216-73.

The majority of task orders issued under this IDIQ will be for the Chequamegon-Nicolet National Forest. However, task orders may also be issued for other Forest Service units located within Region 9. Forest Service Warranted Contracting Officers are authorized to place task orders against this contract within their delegated warrant authority. All task orders are subject to the terms and conditions of this contract.

The Task Order Issuance process will begin with a Task Order Pricing Request. This request will address specific requirements of a project, schedule of items, specific supplemental specifications within the Scope of the Work, specific site locations, etc. The Task Order Pricing Request:

a) will be issued by email. The Contractor is responsible for checking their email for task order issuances as no other notice will be provided.

b) will be issued during the performance period of this contract.

c) will be issued to those individuals awarded a contract under this program of work.

d) will include the required due date, specific instructions for the submission for quotes, and other information deemed appropriate.

e) will be competitive in nature. If a contractor cannot meet the “Desired Start Date” and the “Contract Completion Time” identified by number of calendar days referenced on the task order, an alternate schedule can be submitted by the contractor and will be considered for award.

f) The Contractor is encouraged to visit the site prior to quoting on the project.

The following procedures will be utilized to provide awardees a fair opportunity in accordance with FAR Part 16.505(b). Method for selecting a contractor for task order award will be as shown in “a” through “c” below.

a) Exceptions to the fair opportunity process as provided by FAR 16.505(b)(2). If a Fair Opportunity Exception applies, the task order quote request will be issued to one contractor.

b) The Government will determine the best value based on price, timeframe, and past performance. Single or multiple awards may be made for individual task orders, as specified on the task order. The Contracting Officer selects contractor based upon the following:

1. Price – Prices from the Request for Task Order Pricing will be evaluated for reasonableness. The Task Order pricing shall include all associated costs for requested work. Award may be made to other than the lowest price offer based on timeframes and past performance.

c. Once an award decision is made, the Contracting Officer will email the awarded task order to the successful Contractor and the COR. Work shall not begin until a pre-work meeting is held and a Notice to Proceed is issued. Each task order will include:

1. The Contract Number

2. The Task Order Number.

3. Authorized signature of warranted Contracting Officer

4. Detailed description of the task or service to be performed.

5. Firm fixed price of the project.

6. Detailed description of required submittals.

7. Map or other descriptions of the project location.

8. Designation of the Contracting Officer’s Representative.

9. Government furnished property, if provided.

10. Applicable Davis Bacon Wage Determination.

d. The Contracting Officer will notify unsuccessful contractors of the final award decision.

e. IDIQ contractors forfeit their right to a minimum award guarantee if they fail to provide a fair and reasonable task order quote on two or more task order over the life of the IDIQ contract. Fair and reasonable will be determined as within 10% of the average of other quotes received and the government estimate.

Sustainable Acquisitions The Contractor shall comply with FAR Part 23 Sustainable Acquisition Policy and all associated laws, rules, regulations, and executive orders referenced therein. Contracts that include the supply of products and for the acquisition of services (including construction) that include the supply of products, require that the products provided are—

(1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated); (applicable if FAR Clause 52.223-15 is included)

(2) Water-efficient; (applicable if FAR Clause 52.223-15 is included)

(3) Biobased; (applicable if FAR Clause 52.223-2 is included)

(4) Environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives); (applicable if FAR Clause 52.223-13,14, or 16 are included)

(5) Non-ozone depleting; (applicable if FAR clause 52.223-11,12,20, or 21 are included), and/or

(6) Made with recovered materials (EPA-Designated products) (applicable if FAR clause 52.223-9 or 17 is included).

(b) The required products in the contract actions for services include products that are—

(1) Delivered to the Government during performance;

(2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or

(3) Furnished by the contractor for use by the Government.

C1.1 Sustainable products identified for this solicitation:

The following is a list of sustainable products that that may be used in the performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

C1.1.1 Energy-efficient and Water-efficient Products ENERGY STAR® at http://www.energystar.gov/; and FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html www.epa.gov/watersense None

C1.1.2 Biobased Products: (requires reporting at www.sam.gov by 10/31 each year) http://www.biopreferred.gov

Inks-Printer Toner Inks-Sheetfed Inks-Specialty Equipment Lubricants Erosion Control Products

C1.1.3 Environmentally Preferable Products:

www.epa.gov/epeat.

None

C1.1.4 Non-ozone Depleting Products:

http://www.epa.gov/snap

None

C1.1.5 EPA Designated Products:

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

a) Nonpaper Office Products Binders, Clipboards, File folders, Clip portfolios, Presentation folders, Office furniture, Office recycling containers, Office waste receptacles, Plastic desktop accessories, Plastic envelopes, Plastic trash bags, Printer ribbons, Toner cartridges

b) Paper and Paper Products Commercial/industrial sanitary tissue products, Miscellaneous papers, Newsprint, Paperboard and packaging products, Printing and writing papers List of Attachments:

Attachment 1 – Jessie Lake Task Order Attachment 2 – Sawyer Lake Task Order Attachment 3 – Rose Lake Task Order Attachment 4 – Setting Lake Task Order Attachment 5 – Shay Lake Task Order Offer Submission Information:

Offers shall be emailed to Shawn Lacina at shawn.lacina@usda.gov or mailed to USDA Forest Service, Lake States Acquisition Team, Attn: Shawn Lacina, 500 Hanson Lake Road, Rhinelander, WI 54501.

No later than 2:00pm Central, March 30, 2020.

Contact Shawn Lacina at shawn.lacina@usda.gov or 715-362-1347 for more information or with questions concerning this solicitation. Technical questions should be addressed to Zachary Parmentier at 715-889-1598.

All offerors must be registered in www.sam.gov in order to receive award. Obtaining a DUNS number and registering in SAM are free. See next page for what should be submitted with your offer.

Offers shall include:

· Completed Pages 20-23;

· Technical information as stated on Page 23 & 24; and

· Completed Schedules of Items from each Task Order (Attachment A of each Attachment 1 through 5).

OFFER SUBMISSION PACKAGE

(complete and submit the following with your offer)

By submitting the offer, the Contractor agrees to all terms, conditions, clauses, and provisions included in the solicitation and agrees to furnish any awarded items at the price set in the schedule. The offer is valid for 30 after the closing date of the solicitation unless a formal extension is granted by the contractor.

OFFEROR NAME __________________________________________________________

OFFEROR DUNS NUMBER _________________________________________________

OFFEROR EMAIL ADDRESS ________________________________________________

OFFEROR POINT OF CONTACT (NAME AND PHONE)_________________________________

52.209-7 Information Regarding Responsibility Matters (OCT 2018)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an…