12639523Q0031 SOW-Instructions.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

APHIS-PPQ-EABBR-54T CODE 16. ADMINISTERED BYCODE

X

X

X

561730

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

12/02/2022

612-336-3602KIM YEN TU

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

12/23/2022 1000AM CT

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639523Q0031

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 421083926OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Brighton MI 48116 5936 Ford Ct

USDA-APHIS-PPQ-EABBR

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Tax ID Number: Not Available DUNS Number: Not Available Solicitation to award one FFP Purchase Order for Emerald Ash Borer (EAB) Tree Harvesting per the Statement of Work.

Delivery: 01/01/2023 Period of Performance: 01/02/2023 to 03/31/2023

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

NOTES TO QUOTERS

1. Submit quotes to Kim Yen Tu at kimyen.n.tu@usda.gov by 12/23/22 at 10am Central time.

A COMPLETE QUOTE SHALL INCLUDE THE FOLLOWING INFORMATION:

a. Sign and fill in contractor’s information on SF1449 Solicitation Form (page 1). Please be sure to include contractor’s DUNS and CAGE number.

b. Pricing Schedule (page 4). Alternative Pricing Schedules will not be considered. Quotes must include a price for all line items.

c. Complete the “Technical Capability and Experience Questionnaire” (Attachment 1)

d. Fill out 52.204-24 (d) representation highlighted portion or provide copy of SAM registration

Quotations will be evaluated in accordance with 52.212-2 Evaluation – Commercial Items on page 20-21

2. Submit all questions in writing to Kim Yen Tu at kimyen.n.tu@usda.gov. Questions should be submitted no later than three (3) days prior to the response deadline to ensure adequate time is available to respond and to amend the solicitation if necessary.

3. Quoters must be fully registered in the System for Award Management (www.sam.gov) including current online representations and certifications, no later than the solicitation response date/time.

4. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, a prospective contractor may be requested to provide additional information in order to assist the Government in making a responsibility determination.

5. The U.S. Department of Agriculture (USDA) is an agency of the Federal Government and is tax exempt (Tax ID # 41-0696271).

6. The Government intends to evaluate quotes and award a contract without discussions.

Therefore, a quote should contain the quoter’s best terms from a price and technical standpoint.

http://www.sam.gov/

Price Schedule

Line Item #

Description QTY Unit Unit Price Total Price

0001 Shank Property 1 Job

0002 Fisher Creek (DNR) 1 Job

0003 Collins Marsh (DNR) 1 Job

1001 Option requirement:

Fisher Creek (DNR) exercise by March 1st, 2022

1 job

Subtotal

Performance Work Statement Harvest of Ash Trees within the Infested Area of Emerald Ash Borer

1.0 Introduction

The mission of Plant Protection and Quarantine (PPQ) is to safeguard U.S. agriculture and natural resources against the entry, establishment, and spread of economically and environmentally significant pests, and to facilitate the safe trade of agricultural products. The emerald ash borer (EAB) is a non-native wood-boring beetle that is devastating ash trees in the United States. Since its discovery in Michigan in 2002, APHIS, in conjunction with state and other federal agencies, has led an aggressive campaign to slow the spread of the pest with quarantines, surveys, tree removal, and public outreach programs. In spite of these efforts, the range of EAB has expanded to 36 states. To control the pest, PPQ has implemented an EAB biological control program. A major goal of this program is to release a parasitoid in every known infested county in the Nation. In order to achieve this goal, trees infested with EAB are harvested to support mass rearing efforts of four natural enemies of EAB.

1.2 Objective

This USDA APHIS Plant Protection and Quarantine (PPQ) has a requirement for a contractor to perform tree removal, bucking, disposal, transportation, and loading services. The predominant purpose for these services is to acquire Emerald Ash Borer Beetles (EAB) from harvested infested trees to maintain EAB biological control production.

1.3 Type of Contract

This is a firm-fixed-price contract with a base requirement and one option requirement.

1.4 Scope of Work

The USDA PPQ is contracting for harvesting of 483 EAB infested trees located within Manitowoc County in the state of Wisconsin. (See Exhibit A, Site Summary.)

Services involve, but are not limited to, tree removal, disposal, transportation, bucking, loading, and stacking services. The Government will be responsible for marking trees for removal. Trees shall be harvested and then transported to Government facilities in Howell, MI and/or Brighton, MI. Great care will be taken to keep the bark on the trees intact throughout the harvesting and storage process. The contractor must maintain crews at sufficient levels to support the harvest schedule.

1.5 Period of Performance

All work for this contract shall be completed by March 1, 2023. The completion date is based on the assumption that the successful quoter will receive notice of award by January 2, 2023. The completion date will be extended by the number of calendar days after the above date that the contractor receives notice of award. Timely performance is critical to avoid emergence of the EAB from harvested material.

1.6 Tree Harvesting and Transportation

Trees shall be harvested from the following locations: Base Requirements

Location State County City GPS Trees Marked

Avg. Tree

DBH

Shank Property WI Manitowoc Centerville 43.9381, -87.7304 244 8.2

Fisher Creek (DNR) WI Manitowoc Centerville 43.9400, -87.7206 118 8.3

Collins Marsh

(DNR)

WI Manitowoc Rockland 44.1005, -87.9752 121 7.4

Total 483 8.0

Option Line Item – determination to exercise this line item will be made by March 1rd, 2023.

Location State County City GPS Trees Marked

Avg. Tree

DBH

Fisher Creek (DNR) WI Manitowoc Centerville 43.9400, -87.7206 50 8.3

The trees to be harvested will be marked by the Government prior to commencement of work.

Care has been taken by the Government to select trees that are “easy” to fell (See Exhibit A, Site Summary). A list of trees to be removed and transported is provided in Exhibit B, Tree Inventory.

Transportation of Harvested Material The contractor shall be responsible for transporting whole trees (everything ≥ 2 inches in diameter).

Trees will be bucked into 20in sections at harvest site or at destination. The contractor shall transport trees to the following facilities (located ~10 miles of each other):

United States Department of Agriculture Biological Control Facility 5936 Ford Ct., Suite 500 Brighton, MI 48116

Michigan Department of Natural Resources Tree Improvement Center 4631 Bishop Lake Road Howell, MI 48843

The Brighton facility may reach capacity during the unloading process and, as determined by the Government, may require remainder to be delivered to the Howell facility at no additional cost to the Government.

1.7 Permits and Licenses

See Exhibit C, Site permits and licenses.

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary certifications, licenses, and additional permits to complete the full scope of work, such as a permit for temporary road closures or to transport infested wood out of or through quarantines. The Contractor shall comply with any Federal, State, and Municipal laws, codes, and regulations applicable to the performance of the work. The contractor shall be responsible for implementing the terms and requirements of the permits and licenses held by the Government or the contractor.

1.8 Applicable Documents

The publications listed below form a part of this performance work statement to the extent referenced.

Regulations and Quarantines

1.8.1 Gypsy Moth (GM)

Best Management Practices Guidelines

1.8.2 Wisconsin

Safety

1.8.3 OSHA

1.8.4 ANSI

1.9 Performance Requirements

The contractor must perform the work as follows:

a. Wood Harvest

1. Work at harvest sites, including loading transport vehicle must take place during normal business hours (7:00am – 6:00pm local time).

2. The contractor shall provide the Government with at least a 24 hour notice that work will be finished at the current site. The Government will inform the land owner of the Contractor’s plan and coordinate access to the next site.

3. Staging

a) Location of sites to stage trees and equipment will be determined by land manger and indicated on sites maps.

b) Posting adequate signage notifying the public of logging operations and equipment storage in these designated areas is mandatory as noted in this section.

c) All requirements for remediation and clean-up set forth in this section apply to the staging and bucking areas as well.

4. Access properties in a manner so as to avoid damage to the landscape and/or property.

5. Remove USDA tree identification tags from harvest trees and return to USDA personnel.

6. Remove the designated infested trees without damage to neighboring trees.

a) Trees must be removed using acceptable industry practices for such removals.

b) Great care will be taken to keep the bark on the trees intact throughout the process from harvesting to storage at government facilities.

c) The work site shall be accessed from public roadways when possible. The contractor must prevent traffic hazards by erecting barricades, lights or signs at the https://www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/gypsy-moth/ct_gypsy_moth https://dnr.wi.gov/topic/ForestManagement/bmp.html https://www.osha.gov/SLTC/logging/standards.html https://wwv.isa-arbor.com/store/shop contractor’s expense. The contractor shall have staff dedicated to the direction of traffic anytime lanes of traffic are blocked by equipment or fall within the work zone. The contractor is required to follow the rules and regulations of all other agencies and all authorities who have jurisdiction to safeguard the public. No thoroughfare of any kind shall be closed without the coordination and written consent of the land manager or the appropriate delegated party. The contractor is advised to post signs prior to commencing work informing the public that tree removal work is occurring. Stapling, nailing or tacking of signage to trees or utility poles is strictly prohibited. All signs are to be removed upon completion of work at the end of each day.

d) Collateral trees

i. Collateral trees are defined as any non-targeted tree that needs to be removed in order to fell selected (targeted) ash trees. Unmarked trees can only be cut with approval from USDA personnel. Costs associated with removing and disposing of collateral trees are included in the established unit prices and will not be separately reimbursed.

ii. The contractor shall coordinate removals so that all work can be completed in the most efficient way possible, with the least amount of collateral damage incurred. The contractor shall minimize damage and removal of collateral trees to the maximum extent practicable.

iii. Non-target trees that are significantly damaged will be cut up and disposed of following the methods for disposal of ash tree portions left behind.

iv. Excessive collateral damage including permanent scarring of non-targeted trees is not acceptable and will result in the Government’s remedies described in Section 1.11 of this Performance Work Statement. “Tree Removal Operations and Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements”.

7. The whole tree, from 2 inches in diameter and greater, will be included in the harvest.

Trees are to be cut as close to level with the ground as possible, but left no taller than 4 inches.

8. Harvested trees will be cut into segments no longer than 23 inches and no shorter than 20 inches. Logs that are greater than 10 inches in diameter will be split into smaller sections. The width of any split section will not be greater than 10 inches at the widest point.

9. Dispose of the waste and collateral trees. This will be the responsibility of the contractor.

a) All tops and brush debris will be mitigated as indicated in the applicable site permit or as landowner determines with either one or a combination of the following:

i. Tops and brush will be limbed and lopped so they are no higher than 5 feet from the ground. A reasonable effort will be made to bring this height to ~2 feet.

ii. Tops and brush will be chipped and spread to a depth not exceeding 6 inches.

b) Tops and brush debris will be spread at the location and not left piled.

c) All tops and brush debris will be moved off mow zones, roadsides, trails, etc and into the forest (~20 feet). In the case of the rail property, brush will be moved to the fence line.

d) Stumps located in mow zones will be ground to prevent tripping and mowing hazards.

e) No debris will block or be left within any drainage features.

f) Burning will not be permitted on the project site.

g) The contractor will follow all regulations regarding the handling and disposal of infested trees and debris (Federal Regulations of GM are of special concern)

10. The contractor will perform the necessary preparation and clean-up to secure the property, its contents, and any occupants from damage or injury during the removal process.

11. The contractor will restore the property to its original condition. Any surface disturbance resulting in exposed mineral soil shall be rehabilitated following State Best Management Practices, (Seeding, mulching, proper water diversions, grading, etc.).

Rehabilitation efforts will be inspected and approved prior to completion.

12. To the extent possible, the contractor shall limit any disruption to the occupants of the property.

13. USDA personnel will perform frequent on-site monitoring. A final site inspection to approve disposal and remediation efforts will be conducted prior to finalizing work at all sites.

14. See attached for specific site information

a) Exhibit A, Site Summaries

b) Exhibit B, Tree Inventory

c) Exhibit C, Permits

b. Transport

1. Properties will be accessed in a manner that avoids damage to the landscape and/or property.

2. Approved access routes are indicated in exhibit A.

3. Harvested Logs shall be loaded onto the transport vehicle in a manner that minimizes tree/bark damage.

4. Transport vehicle will be filled to capacity before each delivery, unless extenuating circumstances exist

5. Harvested Logs will be transported to the facilities specified in Section 1.7, Transportation of Harvested Material.

Chamber entrance dimensions are as follows:

Michigan Department of Natural Resources Tree Improvement Facility 4631 Bishop Lake Road Howell, MI

Chamber Entrance Dimensions:

Chamber Doorway – Height: 7ft Width: 6ft Inside Chamber – Height: 10ft Width: 29ft Length: 54ft Maximum height of stacked wood: 6ft 6in.

United States Department of Agriculture EAB Biological Control Facility

5936 Ford Ct., Suite 500 Brighton, MI

Chamber Entrance Dimensions:

Chamber Doorway – Height: 7ft Width: 5ft Inside Chamber – Height: 8ft Width: 13ft Length: 29ft Maximum height of stacked wood: 5ft 5in.

6. At a minimum, a 24 hour notice will be given prior to arriving to unload.

a) Arrivals will take place between 8:00am and 4:30pm Monday – Friday, excluding federal holidays.

b) Work associated with the arrival must be completed within this time.

c) USDA personnel will be on-site to provide access to property and confirm load quality.

c. Stacking Logs

1. Offload infested wood from transport vehicle and stack neatly in coolers at predetermined location (listed above). The contractor shall provide all necessary personnel and equipment for unloading at the Government facilities (i.e. forklift).

a) Logs will be stacked in closely positioned rows. All logs in a given row will be aligned, parallel, and stacked in a compact fashion.

b) Driver will take care to reasonably avoid blocking driveways, passageways, and entries/exits.

2. Stacked logs will be elevated off the ground with USDA provided 4x4s or pallets to facilitate air circulation. If transported on pallets, the material must be unloaded from the contractor’s pallets prior to placement into the cooler.

d. Contractor Requirements All tree harvesting services shall be performed under the guidance of an International Society of Arboriculture Certified Arborist or company with State Master Logger Certification (any state). The contractor shall conduct all operations in connection with this contract in compliance with all applicable Federal, State, and local labor safety, health and sanitation laws, codes and regulations.

The contractor shall supervise and direct the work, using skillful labor and proper equipment for all work. The Government reserves the right to inspect the site, verify quantities, and review operations at any time.

1.10 Tree Removal Operations and Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

a. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs and grass) or adjacent to the work sites, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place.

b. The contractor shall protect from damage all existing improvements and utilities

(1) At or near the work site, and

(2) On adjacent property of a third party, the locations of which are made known to or should be known by the Contractor

c. The contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. This shall include but not be limited to all areas of paving, lawns, walkways, sidewalks, fixtures, fences, flower beds, etc. that were damaged, dirtied, altered or displaced by the tree removal work. If the contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

d. The contractor will not be liable for normal wear and tear, or damage caused by third parties.

The contractor shall make USDA aware of any pre-existing damages prior to commencing activities at the work site. The contractor shall provide photographic or video documentation of all pre-existing damages prior to the start of removal operations and upon completion of all work at the site.

e. Excessive compaction of soil and excessive ruts is considered preventable property damage.

1.11 Damage Claims

It is the contractor’s responsibility for repairing any damages to buildings, sidewalks, cars and any other property damage caused by the contractor’s operation. The contractor shall be responsible for the treatment costs and financial losses of an individual physically injured or treatment costs or value of an animal owned by a private party, be it a pet or livestock, if injured, or killed by contractor operations.

The contractor shall notify the USDA of any damages by the end of the business day on which such damage occurred or where reported by a property owner, except that injuries to persons or animals will be reported immediately to the COR via cell phone or in person. All damage shall be repaired within two

(2) weeks or other time frame as agreed by the two parties. The contractor shall supply, on company letterhead, an original of the release agreement signed by the injured party and counter-signed by a Principal of the contractor indicating that the damage claim has been resolved. An alternate acceptable release shall be a letter from the contractor’s insurance company indicating policy number, contractor’s name and address, contract number, location, claimant’s name and address, and a statement saying that they are processing said claim and releasing the USDA from any and all liabilities. The contractor has three (3) weeks from the time the damage occurred, unless a later time has been agreed upon by the Contracting Officer, to submit the release to the USDA for final approval.

The USDA as an agency of the Federal government is a self-insured entity. The Federal Tort Claims Act (28 U.S.C. 1346(b), 2671 et seq) is the legal mechanism for compensating persons injured or property damaged by a negligent or wrongful act of a Federal employee, when committed within scope of their employment. Employees of the USDA are Federal employees and are covered by the federal worker’s compensation insurance if injured while in the performance of their duties

1.12 Safety

The contractor will perform the work with due care taking precautions against injury to persons, damage to property and interference with vehicular or pedestrian traffic. The contractor shall take the necessary precautions to ensure the safety of all persons engaged in the work of this contract.

1.13 E‐Verify

Contractor shall ensure that employees and subcontractors have passed a standard commercial background check prior to conducting work for the program. The contractor shall verify employment eligibility of employees in accordance with the E-verify Program (http://www.dhs.gov/E- Verify). See clause 52.222-54, Employment Eligibility Verification.

1.14 Unusual and Differing Site Conditions

(a) the contractor shall take steps reasonably necessary to ascertain the nature and location of the work at a given property site, and to investigate and satisfy itself as to the general and local conditions which can affect work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of water, electric power, and roads; (3) uncertainties of weather, or similar physical conditions at the site; (4) conditions of the ground; (5) the character of equipment and facilities needed preliminary to and during work performance.

The contractor shall satisfy itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site; including all exploratory work done by the Government, as well as maps and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government. The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government.

(b) The Contractor shall promptly, and before the conditions are disturbed, give written notice to the Contracting Office (by submission through the Contracting Officer’s Representative) of:

(1) Subsurface or latent physical conditions at the site which differ materially from those indicated in this contract; or

(2) Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and are generally recognized as inhering in work of the character provided for in the contract.

(c) The Contracting Officer’s Representative shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made and the contract modified in writing accordingly.

(d) No request by the Contractor for an equitable adjustment to the contract shall be allowed, unless the Contractor has given the written notice required; provided that the time prescribed in paragraph (a) for giving written notice may be extended by the Contracting Officer.

(e) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

Requests for equitable adjustments must include the following: a price breakdown in sufficient detail to permit an analysis of profit, and of all costs for material, labor, equipment, subcontracts, and overhead;

and must cover all work involved in the effort, whether the work was deleted, added, or changed; as http://www.dhs.gov/E http://www.dhs.gov/E well as any time adjustments.

1.15 Payment

Payments will be made in accordance with clause 52.212-4. Prior to final Government inspection and acceptance, the contractor shall complete all work, including but not limited to, completing all restoration requirements, final clean-up of the premises.

The payment provided in the contract shall constitute full compensation for furnishing all materials, equipment and labor, and performing all work under the contract in a complete and acceptable manner.

Payment items for the work of this contract are listed in the Pricing Schedule and described in this Performance Work Statement.

The Base Requirement and each Option Requirement will be paid on a “per job” basis.

The unit price and payment made for each item listed shall constitute full compensation for providing equipment, tools, supplies, labor, supervision, incidental materials, quality control, environmental protection, meeting safety requirements, and performing all work as provided in this contract. Except as otherwise specified in this contract, all costs associated with incidental work shall be included in the Pricing Schedule item with which that incidental work is most closely associated. The payment provided for in the contract includes compensation for all risk, loss, damage, and expense arising out of the nature of the work or its prosecution, subject to conditions of the contract.

1.16 Invoices

All invoices shall be submitted through the Invoicing Processing Platform (IPP) at: www.ipp.gov The IPP is a government-side secure web-based invoice processing service offered free of charge to government agencies and their contractors by the U.S. Department of Treasury’s Financial Management Service

(FMS).

2.0 Contract Clauses and Provisions

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): http://farsite.hill.af.mil

52.204‐13 System for Award Management Maintenance (OCT 2018) 52.204‐18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.212‐4 Contract Terms and Conditions ‐‐ Commercial Items (Nov 2021) 52.232‐40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

52.212‐5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Products and Commercial (Oct 2022)

(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:

http://www.ipp.gov/ http://farsite.hill.af.mil/

(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. 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 products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 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.)

_X_ (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).

_X_ (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. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved] _X_ (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.

X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 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.

_X_ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (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 (Oct 2022) ( 15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) ( 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 (Oct 2022) ( 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 (Oct 2022) ( 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)).

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

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

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

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

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

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

_X_ (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.

_X_ (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.

_X_ (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).

_X_ (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. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (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 (Jun2014) 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.

_X_ (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 (Jun2016) (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) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Oct 2022) ( 41 U.S.C.chapter83, 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 (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (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. 2302Note).

__ (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 (Nov2007) ( 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)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(Oct2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

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

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

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

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

[Contracting Officer check as appropriate.]

X__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

_X_ (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).

__ (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).

_X_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.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).

X__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 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 (May 2022) (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.

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 2 months.

(End of clause)

452.236‐73 ARCHAEOLOGICAL OR HISTORIC SITES (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

(End of clause)

452.236‐74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

(End of clause)

452.237-74 Key Personnel. (FEB 1988)

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

Project Manager Certified Arborist

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

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)

AGAR 452.204‐70, Modification for Contract Closeout (DEVIATION JULY 2022) Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR Part 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.