127EAT21R0016.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

91U1 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR91S8

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/21/2021 1500 PT

07/07/2021

707-562-9165DANIEL LARA

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

127EAT21R0016

5. SOLICITATION NUMBER

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

1 18 1030891OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

SYLMAR CA 91342

12371 N LITTLE TUJUNGA CANYON ROAD

TUJUNGA RANGER DISTRICT

ANGELES NATIONAL FOREST

USDA FOREST SERVICE

15. DELIVER TO

VALLEJO CA 94592-1110

1323 CLUB DR

PACIFIC SOUTHWEST REGION

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$20.50

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 FOREST SERVICE

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.

CHARLTON CHILAO INTEGRATED FUELS AND FOREST HEALTH

0001 Thin trees, prune trees, reduce brush canopy 120 AC cover, cut, limb, buck standing and downed dead and dying trees, lop and scatter slash except within 100 foot of roads, facilities and structures, which will be chipped.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

DANIEL LARA

. 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.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

18 2 of

FY21 CHARLTON CHILAO INTEGRATED FUELS AND FOREST HEALTH

Section C – STATEMENT OF WORK/DESCRIPTION/SPECIFICATIONS

STATEMENT OF WORK

Scope of Contract

This contract provides for fuels reduction/modification, fuels removal, timber stand improvement and related work on approximately 120 acres to be performed in compliance to the contract terms, specifications and provisions. The Contractor shall furnish labor; equipment; supervision; transportation (including but not limited to mobilization); operating supplies and incidentals (including but not limited to all water and all registered Annosus Root Disease prevention compound necessary for contract operations).

Location and Description

The project is located along FS Road 3N17 around the Horseflat Campground and Christian Camp approximately 25 miles from La Canada Flintridge, Los Angeles County, California.; the legal description is Township 3 North, Range 11 West, Sections 14, 15 22, and 23 SBBM, Los Angeles County, California.

See Attachment D, Project Map.

Contract Time

The contract time will be 365 days. Contract time includes delays for weather; project activity level restrictions; all applicable wildlife limited operating periods; locating and transporting supplies and materials; and final cleanup.

Access

Access routes include State Route 2 and FS Road 3N17.

DESCRIPTION/SPECIFICATIONS

General

The purpose of the FY21 Charlton Chilao Integrated Fuels and Forest Health is to restore the health and vigor of the natural stands and reduce the hazardous fuels that contribute to crown fire initiation and sustain crown fire spread. The project is designed to reduce tree density, remove competing vegetation, reduce hazardous fuels, and reduce crown length to promote forest health and reduce tree mortality from bark beetles and wildfire. Live trees shall be thinned from below; live and dead brush shall be cut from around residual trees, residual trees shall be pruned (crown lift). Brush canopy will be reduced and lopping and scattering of slash except within 100 feet of road in which case it will be chipped. Standing dead or dying trees will be cut limbed and bucked up. Downed dead trees will be limbed and bucked up.

Contract boundary is not marked. Contractor will be provided with Geo-referenced pdf map with contact boundary.

There are “Limited Operating Periods” for this project. Hand cutting/piling is limited to April 1 through December 30. Mechanical treatments are limited to April 1 through November 1 to season ending snow event. High PAL levels in summer (fire season) may restrict mechanical treatments.

Riparian Conservation Areas (RCA) will be identified if requested with orange flagging. No manual or mechanical thinning, crown lift, release or clearing and hand piling will take place within 200 feet from a streambank on either side of a perennial stream or 50 feet from the streambank on either side of an intermittent stream.

Avoid and protect any cultural sites. These sites will be identified with orange flagging.

Other “Control Areas” will be identified with orange flagging.

Mechanized equipment including but not limited to tractors, masticators or power shears will be limited to slopes less than or equal to 35% and on short steep pitches up to 50%. Do not operate equipment on wet slopes. Mastication (other mechanical treatments) will be done to leave a stub height of 3-6 inches.

Mastication shall not expose more than 50% of soils. If equipment use results in rutting of 4 inches or more, work will be postponed until soil moisture decreases or appropriate measures have been established to accommodate equipment use. The Contractor shall apply Fomes Annosus treatment chemical (currently CELL-U-TREAT is the formulation used) to all freshly cut conifer stumps (alive or dead trees).

Application shall occur within 4 hours of cutting. The Contractor shall adhere to all County, State, and Federal laws and regulations regarding this pesticide. This includes label directions and restrictions for application, handling storage, transportation and employee safety. The Contractor shall submit all required Use Reports to all appropriate agencies within required time frames.

All roads and trails will be kept open at all times especially, FS Road 3N17, Pacific Crest Trail, and the road leading into Horseflat campground. All debris, slash, trees etc. will be removed from the roadway before the end of each working day. Appropriate traffic control will be done on roads and trails to facilitate contractor and forest user’s safety and use.

Snag Removal Cut all dead and dying trees less than 16.0 inches DBH. Snags larger than 16.0 inches are to be left standing except those snags within 100 foot of road, trail or facility/structure. All snags within 100 foot of a road, trail (both sides of roads and trails) or facility/structure will be felled. Felled standing dead where all needles have fallen off will be limbed and bucked into 20 foot sections. All felled dying trees with needles still attached will be limbed and bucked into 2 foot sections. Downed dead trees will be limbed and bucked into 20 foot lengths. Slash to be treated as stipulated under the heading Slash Treatments.

Down logs shall be left for wildlife habitat not to exceed 120 lineal feet of largest available on site.

Priority shall be given to existing partially buried down logs. Within 20 feet of roads and trails additional down logs shall be left in numbers and locations approved by the Contracting Officer, to restrict motor vehicle access. Retain a minimum of 10-15 hard snags per 5 acres (minimum 16 inches DBH and 40 foot tall), except in fuelbreaks or where there is a safety concern and 6 down logs per acre (minimum 12 inches DBH and 20 foot long). Snags with wildlife cavities or nests and trees that serve as acorn storage will be retained over snags lacking wildlife activity.

Small Diameter Thinning

Trees will be thinned from below to a 10-20 spacing between the crowns of dominant and co-dominant individuals or clumps of trees. Residual basal area after thinning will be 80 sq. ft. /acre. Within the project area trees less than 20.0 inches DBH that are at least 3 feet tall shall be thinned. The residual stand shall have an average spacing between crowns of individual and/or clumps of trees of 10 - 20 feet.

Where clumps are retained, spacing between adjacent clumps shall be a minimum of 20 feet so that the crowns of adjacent clumps are separated by at least 10 feet. Retained tree clumps shall be a maximum size of 1/20th acre (circle with a radius of 26 feet). Within clumps, bole spacing shall average 8 to 10 feet;

overtopped trees shall be removed from dripline of retained trees.

Leave tree species preference shall be as follows: big cone Douglas fir, sugar pine, Jeffrey pine, ponderosa pine, Coulter pine, single-leaf pinyon pine, incense cedar; white fir, coast live oak and canyon live oak with primary stem DBH greater than 8 inches, Arizona cypress, and knobcone pine. Residual trees, when available, shall have crown ratios that average 60% or greater; be in the dominant and co-dominant crown classes; have good crown and bole form; and have no obvious insect, disease, or mechanical injury. Retained oak trees shall have up to three of the largest primary stems left uncut per retained plant. See Attachment A to this task order for further tree selection specifications.

Maximum stump height of the thinned trees shall no greater than 6 inches. Conifer stumps will be left a horizontally flat as possible with no hinges or wood pieces to facilitate proper placement of the registered Fomes Annosus treatment chemical. This chemical will have a blue dye put in it to indicate treatment has been accomplished.

Retain a minimum of 5 oaks 12 inches DBH or greater per acre. Retain trees in clumps and leave those that appear to have high acorn production. Retain a natural appearance where possible with residual or leave trees in random patterns with occasional clumps of 3-4 trees per clump. Any trees supporting bird nests and nesting cavities will be left intact.

Trees will be felled by hand with chainsaws and not with a feller-buncher or similar equipment.

A sample mark or marks, and additional clarification may be provided by the Forest Service if requested.

Pruning

The lower branches of all residual trees, taller than 30 feet shall be pruned at the bole or main stem to a height of 10 feet. All retained oak species shall have all the primary uncut stems pruned to a height of 10 feet. All residual trees less than 30 feet tall shall be pruned to a height no greater than 1/2 of the tree height.

Low hanging, sweeping branches less than ten feet above ground level and connected to the primary tree bole above ten feet shall be cut at an average height of ten feet above ground level. This usually is necessary on trees such as oak species with low sweeping branches.

Tree branches will be pruned to within ¼ of an inch of the bole. Branches will not be flush cut to the bole.

Brush Cutting

The live and dead brush cover shall be reduced to an average of 10-30 %. The 10-30 % brush cover will be located randomly over the entire project area and not clumped into one spot. The distance between residual brush islands will be at least 100 feet between islands.

Live and dead shrubs shall be cut and removed from the area beneath the dripline of all residual trees and tree clumps to a distance of 10 foot from the dripline. All brush cut shall be cut below the lowest live branch and have a stump height not greater than 4 inches above ground level or above obstacles.

Willows and other riparian (streamside) vegetation shall not be thinned or pruned, unless, required for safe operations and approved by the Contracting Officer. Shrubs and brush will include those species of Quercus (oaks) that are 3 inches or less in diameter. Preference of retention of shrub species will be oak and manzanita over chamise and other chaparral species. A buffer 10 feet wide of standing brush will be left along roads as this provides a barrier to block access to illegal OHV use and to enhance the visual aesthetics along the road side.

Do not operate equipment (masticators etc.) on wet soils. If equipment results in rutting of 4 inches or more, work shall be postponed until soil moisture decreases or appropriate measures have been established to accommodate equipment use. Equipment operators will leave a staub (brush stump) height of 3 – 6 inches. Mastication of material will be a mottled mosaic with meandering feathered edges.

Shrub/brush treatments will maintain free-form shapes and edges that replicate natural patterns in the surrounding landscape; avoid straight lines.

Slash Treatment All slash (created and existing slash), including logs, dead brush, and other woody debris less than 3.0 inches in diameter or less resulting from thinning, pruning, brush clearing, and dead tree removal activity shall be lopped and scattered to a height of 18 inches or less.

Slash within 100 foot of a road, facility or structure will be chipped. Remove or blow chips back into treatment area. Do not leave chips in waterways or drainages, in and/or on TSP occurrences, underneath tree, against boles or to depth of greater than 3 inches. Whenever feasible use chips/chipped material to cover disturbed soils. No cut/chipped material shall accumulate against boles or beneath the drip line of residual trees.

All slash, shrubs, cut and downed trees over 3 inches in diameter shall be lopped and bucked to a 2 foot length and spread apart. No piling of this material shall take place. Downed trees shall not stay across each other. They must be separated, lopped and bucked and spread out.

Contractor's operations shall not unnecessarily damage retained trees.

Rock outcrops will be left undisturbed and intact except where modification is essential to meet treatment levels. Piling slash on downed trees and logs and rock outcrops will be avoided. Piling slash underneath residual tree crowns will be avoided.

Section D Packaging and Marking N/A

Section E Inspection and Acceptance

Quality Control

The Contractor shall conduct inspections in accordance with the Quality Control Plan provided to the Contracting Officer. The Quality Control Plan shall be approved by the Contracting Officer prior to the start of work. The Contracting Officer may implement quality control measures in additional to those provided by the Contractor.

Acceptance

The Contracting Officer will accept only completed work for evaluation. When notified by the Contractor of completed of work, such work will be evaluated for quality against the specification of this task order.

The evaluation will include, but is not limited to a review of the quality control measures performed by the Contractor. Additional measures may be implemented by the Contracting Officer including, but not limited to, a 2 percent sample of the completed work using either a plot or transect sampling system.

Only work described by the Contractor as completed will be evaluated.

Work is deemed acceptable when final Contracting Officer inspection indicates at least 90% quality achievement of the task order specifications described Section C.

Section F Deliveries/Performance 365 Days

Section G Contract Administration Data

Contracting Officer: Daniel Lara Technical POC/COR: Steve Bear

Post Award Conference

Prior to commencement of work, the Contractor shall meet with the Contracting Officer to discuss contract terms, work performance requirements and work progress schedules. Also at this meeting such things as sanitation, camping requirements, fire prevention and suppression plans will be developed. The Quality Control Plan will be provided to the CO prior to this meeting. The meeting will be held at a time and place determined by the Contracting Officer.

Section H Special Contract Requirements

Transportation

Use of any roads, routes or temporary roads by the Contractor under the terms of this task order shall be subject to approval by the Contracting Officer; such approval shall be obtained by the Contractor prior to opening and/or use. When Contractor operations occur adjacent to or on roads and trails open to public travel, a project specific Traffic Control Plan shall be agreed to by the Contractor and the Contracting Officer prior to commencing operations.

All roads and trails will be kept clear from slash, trees, bucked pieces, chips, slash piles and debris. The roads and trails will be cleared of this material before contract personnel leave the project area each day.

Resource Protection Standards

Resource protection measures shall be implemented by the Contractor to protect soils from impacts of erosion, compaction and loss of productivity. Existing soil cover shall be left intact whenever possible;

disturbance to the duff layer shall be minimized. As determined by the Contracting Officer, equipment shall not operate when ground conditions are such that excessive soil damage will occur. The Contractor’s activities shall be conducted in a manner to retain the natural ground contour; any mounding of soil material shall be returned to the natural contour. A minimum of 80% of the activity area shall be left in a non-compacted, non-puddled, and/or non-displaced condition.

All landings, skid trails and temporary roads shall be approved by the Contracting Officer prior to installation and/or use. After use, unless otherwise directed by the Contracting Officer, all landings, skid trails and temporary roads shall be sub-soiled; waterbarred and covered with vegetative material including but not limited to slash, chips, cut brush and logs; and closed to vehicle access.

Contractor operations shall be conducted in a manner to prevent debris entering stream courses. The Contractor shall remove debris caused to enter a stream courses that may adversely affect the natural stream flow, water quality, or fishery resource as determined by the Contracting Officer as soon as practicable, but not to exceed 48 hours, in a manner determined by the Contracting Officer. The locations and method of all equipment water course crossing shall require prior approval by the Contracting Officer. Wheeled and /or track laying equipment shall not be operate in water courses except at locations and for reasons approved by the Contracting Officer. National Forest water sources may only be used if approved by the Contracting Officer.

Erosion control measures shall be implemented on all roads, skid trails, landings and temporary roads as directed by the Contracting Officer. Measures shall include but are not limited waterbarring, placement of slash and/or chips, re-contouring, out-sloping and effectively blocking vehicle access. Erosion control measures shall be in place before seasonal periods of precipitation, run-off and prior to all National Weather Service predicted storm events with a greater than 30% chance of precipitation. Water bar size, configuration and locations shall be specified by the Contracting Officer.

The Contractor shall conduct all contract related activities a manner to prevent damage to other resources which includes but is not limited to the following:

Land survey monuments bearing trees, utility poles and lines and underground facilities, water lines, gas lines, ditches, fences, research equipment, gates, traffic counters and animal traps.

The locations of protected and sensitive plant and animal species and their habitat which is located on the task order maps or which may be discovered after contract award.

Historic or prehistoric sites, buildings, objects or properties located on task order maps or discovered after contract award.

Control areas located on the task order maps and/or flagged with orange flagging indicate areas with specific treatment limitations, generally equipment shall be excluded and/or contract activities modified.

Discovery of any area or object of a suspected control resource shall be immediately reported to the Contracting Officer.

Noxious Weeds

The spread of noxious weeds will be controlled by the Contractor in the following manner:

The Contractor shall ensure that all off-road equipment is free of soil, seeds, vegetative matter or other debris that could contain of hold plant seeds.

The Contractor shall certify in writing to the Contracting Officer that off-road equipment is free of noxious weeds prior to each start-up of operations and for subsequent moves of equipment to the project area.

The Contractor shall clean off-road equipment prior to moving between units on this project.

The Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment will be considered free of soil, seeds and other such debris when a visual inspection discloses no such material.

The Contractor shall notify the Contracting Officer at least 5 days prior to moving each piece of off-road equipment into the project area; notification shall include the most recent location of the equipment to be moved. The Contracting Officer may require that the Contractor’s equipment be presented for inspection before being placed in service. The Contractor’s equipment may be cleaned on the National Forest subject to Contracting Officer approval.

New infestations of noxious weeds shall be promptly reported to the Contracting Officer.

Pollution Control

The Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCP) Plan when total oil and oil products storage exceeds 1320 gallons in containers of 55 gallon or greater. The SPCP shall meet applicable EPA and State requirements and be certified by a registered professional engineer.

The Contractor shall immediately take action to contain and cleanup, without expense to the Government, all petroleum products spills caused directly or indirectly by the Contractor or Contractor’s employees.

The Contractor shall be liable for all damages and costs deemed necessary by the Government for the spill containment and cleanup.

The Contractor shall notify the Contracting Officer of any hazardous substances used on the project area and shall have Material Safety Data Sheets available for those materials. All such materials shall be labeled in accordance with Federal and State regulations. The Contractor shall maintain a Hazardous Substance Plan. The plan shall include, but is not limited to, hazardous substances to be used in the project area and the identification of the Contractor Representative responsible for supervising initial containment action for releases and subsequent cleanup.

The Contractor shall notify appropriate agencies, including the Contracting Officer of all spills, leaks or other releases of hazardous materials including petroleum products on or in the vicinity of National Forest land caused directly or indirectly by the Contractor or Contractor’s employees.

The Contractor shall maintain all equipment operating on the project area in good repair and free of leakage of lubricants, fuel, coolant and hydraulic fluid. The Contractor shall properly transport and dispose of all contaminated soil, vegetation, debris, oil filters, oily rags and waste oil in accordance with local, State and Federal regulations. Disposal of any such contaminated material on the National Forest is prohibited. The Contractor shall take effective measures to prevent all leaking or spilled petroleum based products from stationary equipment and equipment being serviced.

Plan of Operations

Upon Contracting Officer request and no later than the pre-work conference, the Contractor shall submit a Plan of Operations related to the specification on this task order including but not limited to the equipment type and size; labor forces; ingress and egress; start date; planned rates of accomplishment;

and other details related to the Contractor operations that may be requested by the Contracting Officer.

Site Visit

There will not be a scheduled site visit for this project. Contractors may visit site on their own and if there are any questions please submit to CO.

Camping

Under the terms of this Contract, camping is not permitted in Forest Service Campgrounds. The Contractor [(x) may ( ) shall not] be permitted to camp elsewhere on the National Forest. Camping on the National Forest is not a right; and shall be subject to approval by the Contracting Officer.

Wet Weather Operations

Contractor operations may be conducted outside the Normal Operating Season subject to certain requirements and Contracting Officer approval. The wet weather /winter season normally begins approximately November 1st and ends approximately May 1st.

Fire Plan and Project Activity Levels

The Contractor operations under the terms and conditions of this contract/task order shall comply with the Fire Plan attached to and made a part of this task order. The Fire Plan shall be accepted by the Contractor and is subject to approval by the Contracting Officer prior to commencing any operations. The Fire Plan shall be reviewed not less than annually by the Contractor and the Contracting Officer.

SECTION I – Clauses and Provisions

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulations http://www.acquisition.gov/far Agriculture Acquisition Regulations http://www.usda.gov/procurement/policy/agar.html

FAR 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 these addresses:

Federal Acquisition Regulations http://www.acquisition.gov/far Agriculture Acquisition Regulations http://www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)

FAR 52.202-1 Definitions. (JUN 2020) FAR 52.203-3 Gratuities (APR 1984) FAR 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) FAR 52.204-7 System for Award Management. (OCT 2018) P FAR 52.204-13 System for Award Management Maintenance. (OCT 2018) FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law (FEB 2016) P FAR 52.212-3 Offeror Representations and Certifications—Commercial Items (DEC 2019) P FAR 52.219-1 Small Business Program Representations (OCT 2014) P FAR 52.223-1 Biobased Product Certification (May 2012) P FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts. (SEP 2013) FAR 52.232-1 Payments (APR 1984) FAR 52.232-8 Discounts for Prompt Payment (FEB 2002) FAR 52.232-23 Assignment of Claims. (MAY 2014) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) FAR 52.233-2 Service of Protest (SEP 2006) P FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984) FAR 52.237-3 Continuity of Services (JAN 1991) FAR 52.242-17 Government Delay of Work (APR 1984)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 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 2020) (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 items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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. (Jun 2020) (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 (Mar 2020) (15 U.S.C.

657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

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

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

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

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) 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 (Mar 2020) (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 (Mar 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (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 (Mar 2020) (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 (Mar2020) (15 U.S.C.

637(m)).

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

644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (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 (Jan2020) (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).

_X_ (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 (Oct 2020) (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_ (36) 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.)

__ (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.)

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (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 (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) 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 (Jun 2008) (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 (Nov2007) (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 (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

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

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (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 (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (iii) 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.]

_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).

__ (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 Under Executive Order 13658 (Nov 2020).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 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 (Jun 2020) (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 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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 (May2014) (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 (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 (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.

AGAR 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/COR immediately.

Section J – LIST OF ATTACHMENTS

1. Tree Selection Specification – Attachment A

2. Fire Plan – Attachment B

3. Fire Plan Emergency Agreement – Attachment C

4. Project Map – Attachment D

5. Vicinity map – Attachment E

6. Glosssary – Attachment F

7. Injury and Illness Prevention Program Template – Attachment G

8. JHA – Attachment H

9. Equipment Cleaning – Attachment I

10. Wage Determination – Attachment J

11. Questionnaire – Attachment K

SECTION L—INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REQUEST FOR PROPOSAL REQUIREMENTS

The following technical and price proposal information shall be provided with the offer

Form 1449: Complete the Offer Section, sign and date along with pricing information Provide technical capability information (Questionnaire)

SECTION M—EVALUATION FACTORS FOR AWARD

Addendum to FAR 52.212-2, Evaluation – Commercial Items (Oct 2014) 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. Award shall be based on all or none and best value to the Government. Award shall me made to the lowest priced, technically acceptable offeror. The following factors shall be used to evaluate offers:

1. Price

2. Technical Capability - Non-price technical factor

Award will be made to the offeror who provides the lowest price technically acceptable offer to the government.

The Government reserves the right to enter into discussions. The Government reserves the right to award without discussions. Therefore, each initial proposal should contain the offeror's best terms.

Price Evaluation The price proposal shall be evaluated based on the pricing information submitted per schedule of items

Technical Capability The Government will evaluate each offeror’s relative understanding of the Government’s requirements on the basis of its written submittals addressing the technical questions on the Questionnaire.