CSS Amendment 25 September 2023 ANF FY23 Lake Fire Sawmill Liebre Reforestration and and Copper.pdf

Solicitation 127EAT23Q0062 ANF FY23 Lake Fire Sawmill Liebre Reforestation and Copper

Fire Survival Surveys

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

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

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04.

(iv) This procurement is set aside for 100% Total Small Business . The NAICS code is

115310 and the Small Business Size Standard is $11.5M

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule

Angeles National Forest (ANF) Lake Fire Sawmill Liebre Reforestation & Copper Fire

Survival Surveys

Item Supplies/Services Qty Unit of

Issue

Unit

Price

Total

Price

0001 Reforestation Project Survival

Surveys – survey of previously installed staked trees sites.

Installation of 1/50th acre survival/stocking plots on selected units.

273 Each

Total Proposed Price

Description of Requirement

The purpose of this contract is to secure services for a uniform and systematic examination of plantation survival stakes and stocking in 1st year tree plantations by surveying and recording survival on staked tree rows and using stocking and vegetation plots to identify potential significant competition from vegetation types, percent survival, stocking, and distribution of trees per acre (TPA) by species, identify/categorize damage by type and possible cause and release need. Data collected shall be recorded by the

Contractor on a provided Reforestation Survey Worksheet and Staked Tree Survival

Form. Installation of the staked tree rows for FY23 lake Fire, Sawmill Campground, Sawmill Liebre Reforestation Planting has been completed by the district and initially filled out forms from the installation will be provided to the Contractor after the Notice to

Proceed is issued. The Contractor will be provided with a spreadsheet that describes the unit name/number, acreage of unit, elevation of unit, species planted, number of trees planted/unit, average tree spacing, no. of staked rows installed and number of 1/50th acre plots to be installed. This useful data will also be used to determine if each plantation meets standard stocking requirement.

The Contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operation supplies, and incidentals necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government. All equipment within the Contract area shall be in such mechanical condition and of an appropriate type to meet the requirements of the work.

Location: Project is located on the Los Angeles Gateway Ranger District of the Angeles

National Forest. Detailed maps of the Angeles National Forest are available from the

Headquarters office or the Los Angeles Gateway Ranger District office or the Acton

Work Center. Access to certain stands may be limited; the Government is not obligated to do any unscheduled road maintenance. It is the responsibility of the Contractor to determine the most suitable route to the project areas. All units are normally accessible by standard pickup on forest roads.

Plantation Boundary Maps: Maps provided in the contract are intended to show the location, shape, and boundaries of the plantations to be surveyed and are suitable for use in Avenza.

UNIQUE FACTORS

Endangered Species

The Government may direct the Contractor to discontinue operations if listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, are discovered to be present in or adjacent to the project area. Actions taken under this paragraph shall be subject to the Stop-Work Order clause FAR 52.242-15.

Preservation of Historical and Archeological Resources.

If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any objects or sites of cultural value on the project area, such as historical or prehistorical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the COR in writing of the findings. No objects of cultural resource value may be removed. Operations may resume at the discovery site upon receipt of written instructions. Actions taken under this paragraph shall be subject to the Stop-Work Order clause FAR 52.242-15.

Environmental Interruption of Work

Environmental – The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions or fire danger. The Contractor will be given a resume work order that will document the date the work suspension ends. The count of contract time will stop during work interruptions more than one day at a time. All periods of interruptions directed by the Government will be documented. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

Camping

Camping is not permitted in US Forest Service campgrounds; however, it may be allowed elsewhere on US Forest Service land with the approval of the District Ranger and subsequent issuance of a camping permit.

PERIOD OF PERFORMANCE

Contract Time and Estimated Start Date

Items Estimated Starting Date Contract Time

1 October 15, 2023 40 Calendar Days

Contract time shall begin within 3 calendar days of the date given on the Notice to

Proceed. Work shall progress at a rate which will ensure job completion within the calendar time specified above.

Note: Estimated dates are estimates. Contractor’s work schedule may dictate starting time, but exams must be started any time after September 6, 2023, through November 15, 2023.

Total contract time for this contract will be 40 calendar days.

NOTICE TO PROCEED

The Government will issue a Notice to Proceed as soon as weather and ground conditions are favorable for the work and all reports and insurance information has been received.

The effective date of the Notice to Proceed will be:

a. The date specified on the Notice to Proceed if hand delivered.

b. The third day after the Post Office has issued a Notice of Certified mail to the

Contractor. Failure of the Contractor to pick up certified mail will not be considered an excusable delay.

WORK RESTRICTIONS

Work may be performed at any time during the period of the contract except as determined by the COR or as stated below:

1. In accordance with the Fire Plan.

2. When the Contracting Officer (or designated representative) determines that adverse weather had made access too dangerous, or the continued vehicular travel or use of equipment would cause unacceptable road or resource damage.

3. Work is suspended by notice of a Work Order for non-compliance with the requirements of this contract.

The Forest Service may modify this contract to exclude unworkable areas (such as rock outcrops), as well as provide resource protection measures as they become apparent, regardless of when such facts become known. Discovery of such areas (include streamside buffers, wildlife areas, heritage resource areas, and noxious weeds) by either party shall be promptly reported to the other party. Payment will not be made for “no work areas” greater than one acre in size.

The Government may specify the order in which units are to be worked. Access may be delayed due to heavy logging activity and/or weather. In these situations, the Contractor shall continue the surveys of accessible areas and return to these units later. Closed roads will require a walk-in to the units.

RATE OF PROGRESS

Contract work shall be performed in accordance with the order of preference approved by the Contracting Officer Representative in the operations plan. The Contractor shall maintain progress at a rate which will assure quality and completion within the period of performance specified above.

DEFINITIONS

For all intents and purposes of this contract the following definitions apply:

BRUSH – a woody shrub with broad leaves rather than needles. Example: manzanita, whitethorn, gooseberry, and bear clover.

CONIFER – A cone-bearing tree with needles or leaf scales. Example: ponderosa pine, sugar pine, white/red fir, Douglas fir and incense cedar.

DEAD TREE – A planted conifer with no live green needles; all needles are reddish-brown or absent, stem is brittle and dried.

FORBS – Soft green herbaceous non-woody plants – may be brown by late summer or fall.

GRASS – Soft green plants with blade-like leaves – may be brown by late summer or fall.

HARDWOOD – A tree with broad leaves rather than needles. Examples: oak, madrone, and maple. Only hardwoods that have re-sprouted following the site prep of the area and appear to be inhibiting seedling establishment are considered vegetative competition.

Large, old residual hardwoods are not considered competition but should be counted as a live tree in the plots.

LIVE TREE – A conifer with any number of green needles; stem is limber and moist.

MAGNETIC DECLINATION – 13° 56’ East shall be used.

MISSING TREE – No physical remains of the seedling are present, but evidence indicates that a seedling was obviously planted. Acceptable evidence includes an installed empty seedling protection tube, shade card, manual release scalp, or paper collar.

NATURAL – A seedling or residual tree meeting the following specifications: Seedling

– Conifers that have seeded in naturally since site preparation, are undamaged, have straight stems, are at least 6 inches tall when measured to the terminal bud and have survived for at least two growing seasons.

NON-STOCKABLE PLOTS – An area within a plantation where conifer seedlings cannot physically be planted, or be expected to survive and grow, such as rock-out crops, exceptionally poor soils with extremely high gravel content, high water table or hard pan, compacted landings, existing roads, water, wet meadow, heavy slash areas, etc.

PLANTED CONIFER – A conifer grown in a nursery and planted generally at one to two years of age. Planted trees of a certain species will generally be of the same size in height and caliper when planted. The trees are planted a certain distance apart with little variation except in un-plantable spots. Planted trees are not generally planted any closer than 6 feet from each other.

GOVERNMENTAL PERSONNEL

1) Contracting Officer (CO) – The Contracting Officer has full authority for the administration of the contract and will personally handle all matters beyond the authority of the COR. No other person is authorized to make changes to clauses, provisions, terms or requirements of the contract. Mutual agreement between the CO and Contractor is required for changes of time or cost to commercial services contracts.

2) Contracting Officer’s Representative (COR) – The COR is the on-site contract administrator for the Contracting Officer, whose duties and responsibilities include full authority for the day-to-day administration of the contract, except for matters pertaining to changes in contract price and time. Duties which are reserved for the CO are listed on the COR Designation Form.

3) Inspector(s) – Inspectors may be designated by the COR who are responsible for checking the Contractor’s compliance with the contract requirements.

CONTRACTOR PERSONNEL AND EQUIPMENT

Contractor On-Site Representative

The Contractor shall designate in writing, a representative to act for the contractor during his absence. The Contractor’s representative shall read and speak fluent English. The

Contractor shall list the extent of authority the designated representative will have on the job. The Contractor or acting authorized Representative shall receive orders from the

COR/Inspector as required to keep the job in progress and adherence to technical specifications, as needed, to finish the job.

Subcontractors

The Contractor shall promptly notify the Contracting Officer about any subcontract arrangement related to this contract. Any subcontractor not identified in the Contractor’s solicitation response is subject to the approval of the Contracting Officer. Any subcontractor shall have the relevant experience and appropriate equipment for such work. The written notification shall include as a minimum:

A. The name, address, and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration.

C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor’s representative authority.

Contractor Requirements

Qualified contractors shall possess all the following skills, abilities, and qualifications:

a) Ability to identify:

i. Woody plants, grasses and forbs listed elsewhere herein.

ii. Damage by weather, such as: frost, snow, mold, or drought, and describe the amounts of damage.

iii. Damage by the following animals and describe amounts of damage; big game animals (deer, elk); rodents (porcupine, wood rats, mice, gopher, rabbits, etc.); livestock

(cattle).

iv. Species of animal tracks and other signs of their presence in the plots.

b) Technical Skills/Abilities

i. Interpret aerial photographs and locate points on the ground.

ii. Locate points on the ground by using an Azimuth compass and topographic measurements, accurately and legibly, plotting those points onto a unit map.

iii. Accurately enter, edit, and process field data to provide error free data files.

Contractor Furnished Components

In addition to labor and transportation, the Contractor shall furnish the following items for each working crew:

a) GPS receiver unit compatible with National Forest GIS Systems capable of meeting current tested accuracies for Distance-Distance Methods, pursuant to Forest

Service Handbook (FSH) 2409.12 – TIMBER CRUISING HANDBOOK, Chapter 50 –

Area Determination, and meet the standards set forth in R5 supplements to FSH 2409.12, Chapter 50.

b) Compass – Silva Ranger or equivalent with adjustable declination setting (2021 declination for the McCloud area is 13° 56’ East).

c) Measuring device capable of measuring 198 feet (3 chains), unless pacing is approved by the COR.

d) Measuring device with the capability of measuring in 10ths of feet and inches.

e) Tape, stick, or another reliable device, approved by the COR, capable of measuring a circle up to maximum radius of 13.6’.

f) Black permanent marker.

g) Clinometers or other device for measuring slopes (a slope correction chart will be furnished by Government).

h) A means for identification of common local plant species (the Government will furnish a listing of plant species with R5 codes associated with each species). If the

Contractor’s plant species codes are different than the Government’s plant species codes, the Contractor will furnish a copy of these species’ common names and related codes to the COR or Government inspector prior to or along with turning in the first set of completed units. If possible, the Contractor may provide their species code chart for comparison at the pre-work.

Government Furnished Components

The Government will furnish the following:

1. 2021 Survival Exam/Stocking Survey Plot Sheets

2. 2023 Staked Tree Survival Sheets

3. Planting Unit Spreadsheets

4. 2023 Survival Stake Examination 1/50th Acre Survival and Stocking Plots

Procedures

5. GPS Shape Files

6. If available, GPS maps for recording plot locations

STAKED TREE SURVIVAL SPECIFICATIONS

STAKED TREE SURVIVAL FIELD FORM SHALL INCLUDE:

1) Header Information:

a. Forest: provided

b. Stand Numbers: provided.

c. Established by provided.

d. Dates planted: provided.

e. Date Surveyed (yr. 1): by:

f. Reference Point GPS: provided.

g. Direction to 1st tree: Distance: provided.

h. 1st staked tree GPS: provided.

2) Tree Information

i. Stake No. Species: provided.

j. 1st Year/3rd Year Status (L=live, D=dead)

k. Remarks (mortality, damage, other)

PLOTING SPECIFICATIONS

PLOT SHEETS INFORATION SHALL INCLUDE:

1) Header Information:

a. Forest: Angeles

b. District: Los Angeles Gateway

c. Planting Unit/Name: This can be obtained from contract map and planting spreadsheet provided.

d. Acres: This can be obtained from contract map and planting spreadsheet provided.

e. Plot Size/Radius: Shall be 1/50th acre/ 16.7’ for entire contract.

f. Year Planted: This can be obtained from contract map and planting spreadsheet provided.

g. Survey Year: date of survey.

h. Crew: Crew leader and crew members

i. Minimum Stocking Distance (Stocked Plot Radius): Shall be based on plot radius.

2) Tree Information:

a. Plot Number (PT#): Enter plot number for each plot taken in plantation.

b. Stock Code (STK Code): Compare the distance to the nearest planted tree with the minimum stocked plot radius (1/50th acre = 16.7 feet).

c. Tree Species Planted & Naturals: Count the number of live tree species planted and/or natural trees by species. Entries for naturals should not exceed 10 trees per species as indicated in the Reforestation Handbook (FSH 2409.26b).

3) Vegetation Information: Information below pertains to all brush, hardwoods, grass, and forbs species found inside the plot radius.

a. Percent Competing Vegetation: Percentage of vegetation by two top species, not to exceed 100%.

b. Damage to seedling: Shall be defined as animal, physical, insect, foliage diseases, and severity of damage. Report for each plot and record on back of sheet.

c. Remarks: Briefly provide any information that is unusual or unique about that plot on the back of the sheet.

4) Plot Procedures:

a. The Contractor shall uniformly and systematically traverse the entire unit in a back-and-forth manner along parallel lines of plots spaced 3 chains apart (when unit allows). Plots shall be numbered consecutively and uniquely for each unit. A plot center shall be established with flagging and tightly secured to the ground. An additional flag located close to the plot center will contain the following information:

i. Plot Number

ii. Unit Number/name

iii. Date surveyed and by whom (initials)

iv. Direction and distance to the next plot (i.e., 320 degrees @ 3 chains to plot 5)

b. Plot Spacing: Plots shall be located on a 3 chain by 3 chain grid patterns over each unit or subunit when unit allows (to traverse the entire unit uniformly and systematically it may be necessary to increase the distance between each plot).

Increments of 2 or 2-1/2 chains may be used in units that do not exceed 5 acres in size to achieve the minimum number of plots per unit. This shall be documented on the survey forms where less than 3 chains were used. With the approval of the COR or inspector, pacing may be used.

c. All information written on the flagging will be with a permanent black marking pen for all plots.

d. Where possible, a high visibility flag shall be placed near the plot center.

e. Plot centers do not allow for a full plot within the unit boundary shall/can be pulled back so the entire plot will remain within the unit boundary (no ½ plots will be accepted).

f. No plot shall be established if the plot center falls outside the unit boundary.

g. Plots shall be established even if the plot center falls on or near rock outcrops, dirt piles, draws or roads within the unit boundary.

CONTRACTOR QUALITY CONTROL

A Quality Control Plan is required and must be acceptable to the government prior to commencement of work. The Contractor shall provide documentation of Quality Control

Inspections in full accordance with the plan.

Quality Control Plan – As part of an offer, all Offerors shall submit a complete, written

Quality Control Plan (QCP) to ensure the requirements of the contract are met. The QCP need not be elaborate, but shall address the following aspects:

a) A checklist or plan for inspection of the services performed that complies with the

Technical Specifications.

b) A system to ensure that the Contractor’s employees or Subcontractors (if any) are notified of any deficiencies in their area of work.

c) A plan for responding to any corrective notices issued by the Government.

General Inspection: In addition to the requirements in FAR 52.212-4 the Contractor shall maintain an inspection system acceptable to the Government. The intended purpose of the Contractor performing self-inspection is to monitor quality while work is being performed, there-by allowing the Contractor to identify and correct any quality deficiencies in their work while the work is in progress. The Contractor shall inspect their work on an ongoing basis and make available to the Government the results of the inspections. The Contractor shall mark any inspection plots on the ground with flagging for Government verification. Inspections shall be conducted and maintained by the individual work unit. Inspection quality results shall be calculated on a unit basis and an inspection summary shall be provided to the COR at least weekly. Prior to requesting an acceptance inspection or payment request, the Contractor shall make available to the

Government all inspection records of the work performed.

Inspection Records: Contractor Quality Control shall include documentation of inspection results in an acceptable format as identified in their Quality Control Plan. The documentation provided must be legible and reflective of all work performed and maintained by the unit. Contractor inspection methods or procedures indicating quality exceeding 100% are not acceptable.

GOVERNMENT QUALITY ASSURANCE VERIFICATION

Inspection

Government will inspect at least 1 percent of the plots in the unit for compliance. Plots will be checked for accuracy. In addition to this, the Government will check distance between plots and plot lines, plot numbering, map drawing to see if unit has been uniformly and systematically traversed and completeness of unit examination. The quality of work will be determined for separate surveyed stands for purposes of payment and will not average with other units.

Field inspection will consist of randomly selecting plots on each stand, and an inspection of that plot. All documentation will be checked for accuracy. Whenever the results of the inspection are not in agreement with the plot data, 10% will be deducted from the plot score for each field in which there is at least an error. The “Comments” section will be checked for remarks on the un-plantable areas existing within the plot. 10% will be subtracted from the plot score if conditions are not properly recorded. The percentage score for each plot will be recorded and then averaged with the scores of all other plots within the same stand to compute the plot score for the stand. The Contractor, or representative, is encouraged to observe this inspection and will receive inspection summaries upon request.

Documentation inspections will consist of checking maps and data sheets provided by the

Contractor for correctness, legibility, and neatness. Whenever a plantation map is found to be inaccurate or not sufficiently neat in appearance, 10% will subtracted from the field inspection plot score. Whenever the recorded date is found to be unsatisfactory, or headings are incomplete or inaccurate, another 10% will be subtracted from the filed inspection plot score. The final score resulting from the combination of field and documentation inspections will be used to determine the payment rate.

Stand quality percent for all of the sample plots will be averaged and rounded to the nearest whole percent.

REWORK OF A UNIT

When inspection results are below 80 percent, payment will not be made until the stand has been resurveyed. When a stand needs to be resurveyed, the plot markers placed during the original survey shall be removed and replaced with new plot markers. Re-inspection of corrected work will be done in the same manner as the first inspection. The

Contractor shall pay for inspections necessitated by rework.

GOVERNMENT RE-INSPECTION UPON CONTRACTORS REQUEST

If the original inspection results are unacceptable to the Contractor and a second inspection is requested without rework, the same inspection procedure will be used.

However, a different plot line will be selected for inspection. If the second inspection results show less than a 5 percent variance from the first inspection, the Contractor shall pay the cost of the second inspection, and the results of the first inspection will be used in determining payment. If the variance is 5 percent or greater, the results of the second inspection will be used, and the Contractor shall not be liable for the cost of re-inspection. Request for re-inspection must be made in writing.

ACCEPTANCE

The Government will accept a unit when all work has been completed, which includes completed Survival Exam Plot Sheets (with correct totals on the bottom of each Plot

Sheet), accurate and legible map drawings, and formal/informal inspections showing that all contractual specifications have been met.

PENALTIES AND INCENTIVES

Penalties for Un-acceptable Work by the Contractor

(1) Where possible, the Contractor shall re-work at no cost to the Government all work performed which does not meet the acceptable quality level.

(2) Contractor shall bear the cost of extra inspections by the Government if the

Government has to perform extra monitoring of the Contractors work (re-inspections of areas re-worked).

(3) Government may accept the Contractors work, but at a reduced payment rate.

(4) The Government may exercise its right to terminate for cause.

(5) The Contractor may receive a poor performance rating.

Incentives for Acceptable Work by the Contractor – The Contractor shall receive a positive performance rating and receive recommendations for award of similar work in the future.

PAYMENT BASIS

Payment will be made for completed units of work at the contract unit price where quality meets or exceeds standard less any authorized deductions.

CONTRACT ADMINISTRATION DATE

Designation of Contracting Officer’s Representative:

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

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which may affect the required delivery or completion times stated in the contract.

Post Award – No persons other than the CO, COR and other government officials as designated under this contract have authority to give direction for work to be performed by the Contractor. The Government is not responsible for costs incurred during the performance of work not covered under this contract or resulting from direction by non-authorized persons.

Proposed scope changes which alter contract time or cost may occur by mutual agreement between the Contractor and the Contracting Officer only. If the Contractor is given direction that is outside of the scope of the contract, the Contractor should advise the Contracting Officer.

END OF SECTION

SECTION C - CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452)

FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations |

USDA

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

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial

Services (DEC 2022) (DEVIATION 2017-1)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders– Commercial Products and Commercial Services (DEC 2022)

(DEVIATION 2017-1, DEVIATION APR 2020, and DEVIATION DEC 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:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021)

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-

232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77 and 108-78 (19 U.S.C. 3805note)).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with

Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41

U.S.C. 3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☐ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1)

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

☐ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C.

6101note).

☐ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018) (41 U.S.C. 2313).

☐ (11) [Reserved].

☐ (12) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022)

(15 U.S.C.657a).

☐ (13) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (14) [Reserved]

☒ (15) (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.

☐ (16) (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.

☐ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C.

637(d)(2) and (3)).(DEVIATION DEC 2022)

☐ (18) (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.

☐ (19) (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

☐ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s)

[Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or

☐ By the end of the performance period for each order issued under the contract.

☐ (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

☐ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

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

☒ (23) (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.

☐ (24) 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)).

☐ (25) 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)).

☐ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020)

(15 U.S.C. 644(r)).

☐ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022)

(E.O.13126).

☒ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

☒ (33) (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.

☒ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

☐ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter

78 and E.O. 13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (37) 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.)

☐ (38) (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.)

☐ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (41) (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.

☐ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s

13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42

U.S.C. 8259b).

☐ (44) (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.

☐ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (Jun 2020) (E.O. 13513).

☐ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (47) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

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

☐(ii) Alternate I (Oct 2022) of 52.225-1

☐ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC

2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and

112-43.

☐(ii) Alternate I [Reserved]

☐(iii) Alternate II (Dec 2022) of 52.225-3.

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

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

☐ (51) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (52) 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).

☐ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization

Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

U.S.C. 5150).

☐ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov 2007) (42 U.S.C. 5150).

☐ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and

Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☐ (58) 52.232-30, Installment Payments for Commercial Products and Commercial

Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☒ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (Oct 2018) (31 U.S.C. 3332).

☒ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C.3332).

☐ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☒ (62) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

(Nov 2021) (DEVIATION APR 2020) (31 U.S.C.3332).

☐ (63) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

☐ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

Contracting Officer check as appropriate.]

☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage/Fringe Benefits

☒ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

☒ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-

Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (Jan 2022).

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

13706).

☒ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)

(42 U.S.C. 1792).

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

Negotiation.

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

(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. Subtitle A, Part V, Subpart G 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.

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 Calendar Days

52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts (SEP 2013)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and

Construction Contracts (AUG 2018)

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

52.232-18 Availability of Funds (APR 1984)

52.232-19 Availability of Funds for Next Fiscal Year(APR 1984)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR

1984)

52.242-15 Stop-Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

52.245-1 Government Property (SEP 2021) Alt 1 (APR 2012)

52.245-9 Use and Charges (APR 2012)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR

Chapter 1) clause with an authorized deviation is indicated by the addition of

“(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48

CFR 4) clause with an authorized deviation is indicated by the addition of

“(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the

Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a

Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

452.211-74 Period of Performance (FEB 1988)

15 October 2023 through 24 November 2023

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award.