127EAY22Q0055.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

1 48

2. CONTRACT NO. 3. AWARD/

EFFECTIVE DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

127EAY22Q0055

6. SOLICITATION

ISSUE DATE

06/03/2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PAUL WOOD

b. TELEPHONE NUMBER

530-226-2445 (No collect calls) 8. OFFER DUE DATE/LOCAL TIME

06/28/2022 1300 PD

9. ISSUED BY CODE 7EAY 10. THIS ACQUISITION IS UNRESTRICTED OR X SET ASIDE: 100.00 % FOR:

USDA-FS CSA SOUTHWEST 1

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

3644 AVTECH PARKWAY

REDDING CA 96002

HUBZONE SMALL

BUSINESS

SMALL BUSINESS PROGRAM

EDWOSB

NAICS:115210

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

SIZE STANDARD: $8.00

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

13b. RATING

14. METHOD OF SOLICITATION

SEE SCHEDULE DPAS (15 CFR 700)

X RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE 7EAY

PPS SW CONTRACT SERVICE AREA 1 USDA-FS CSA SOUTHWEST 1

3644 AVTECH PARKWAY

REDDING CA 96002

3644 AVTECH PARKWAY

REDDING CA 96002

17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

18a. PAYMENT WILL BE MADE BY

TELEPHONE NO.

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

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

19.

20.

IS CHECKED

21.

SEE ADDENDUM

22.

23.

24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES

Devils Garden Wild Horse & Bait Trapping IDIQ Modoc National Forest

DUNS/UEID:

QUANTITY UNIT UNIT PRICE AMOUNT

EMAIL:

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

25. ACCOUNTING AND APPROPRIATION DATA

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

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

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

ARE

ARE

X ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

X

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 36. PAYMENT 37. CHECK NUMBER

COMPLETE PARTIAL FINAL

PARTIAL FINAL

38. S/R ACCOUNT NUMBER 40. PAID BY

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

41c. DATE

39. S/R VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

32c. DATE

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

STANDARD FORM 1449 (REV. 2/2012) BACK

Table of Contents 2 - Section 2 3 - Section 3 Period of Performance Definitions Specific Work Requirements FAR 52.212-2 Evaluation – Commercial Items (Oct 2014) Award Determination 4 - Section 4

2 - Section 2

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2021)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (JAN 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. 3805 note)).

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

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C.

4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

[ ] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109- 282) (31 U.S.C. 6101 note).

(5) (Reserved)

[ ] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

[ ] (10) (Reserved)

[ ] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (SEP 2021) (15 U.S.C. 657a).

[ ] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (13) (Reserved)

[ ] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). [ ] (ii) Alternate I (MAR 2020) of

52.219-6.

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). [ ] (ii) Alternate I (MAR 2020) of

52.219-7.

[ ] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)). [ ] (17)(i) 52.219-9, Small

Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (NOV 2016) of 52.219-9.

[ ] (iii) Alternate II (NOV 2016) of 52.219-9. [ ] (iv) Alternate III (JUN 2020) of 52.219-9. [ ] (v) Alternate IV (SEP 2021) of

52.219-9.

[ ] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). [ ] (ii) Alternate I (MAR 2020) of 52.219-

13.

[ ] (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

[ ] (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)). [ ] (ii) Alternate

I (MAR 2020) of 52.219-28.

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (SEP 2021) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). [ ] (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[ ] (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[ ] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126). [ ] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[ ] (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

[ ] (ii) Alternate I (FEB 1999) of 52.222-26.

[ ] (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). [ ] (ii) Alternate I (JUL 2014) of 52.222-

35.

[ ] (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). [ ] (ii) Alternate I (JUL

2014) of 52.222-36.

[ ] (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[ ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[ ] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). [ ] (ii) Alternate I

(MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[ ] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O.

13693).

[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[ ] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (OCT 2015) of 52.223-13.

[ ] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[ ] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (JUN 2014) of 52.223-16.

[ ] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[ ] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

[ ] (48) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).

[ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108- 78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I (JAN 2021) of 52.225-3.

[ ] (iii) Alternate II (JAN 2021) of 52.225-3. [ ] (iv) Alternate III (JAN 2021) 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).

[ ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).

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

3332).

[ ] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[ ] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

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

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

[ ] (ii) Alternate I (APR 2003) of 52.247-64.

[ ] (iii) Alternate II (NOV 2021) of 52.247-64.

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

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C

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

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

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

[ ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022). [ ] (8) 52.222-62, Paid

Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

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

(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) of this paragraph in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

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

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

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

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

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

(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

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

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

(xiii) [ ] (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). [ ] (B)

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

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

(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages of Contractor Workers Under Executive Order 14026 (JAN 2022).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). (xix)(A) 52.224-3, Privacy

Training (JAN 2017) (5 U.S.C. 552a).

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C.

2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) 52.216-18 Ordering. (AUG 2020)

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

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

(c) A delivery order or task order is considered "issued" when-

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either-

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract. (End of clause)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $2,000,000.00;

(2) Any order for a combination of items in excess of $4,000,000.00; or

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

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

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after [insert date].

(End of clause)

52.242-15 Stop-Work Order. (AUG 1989)

52.242-17 Government Delay of Work. (APR 1984) 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

(a) Definitions. Services, as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or (2) terminate the contract for default.

(End of clause)

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): [Insert one or more Internet addresses] (End of clause)

452.215-73 Postaward Conference. (NOV 1996)

3 - Section 3 Modoc National Forest

SERVICES & PRICES SCHEDULE OF

ITEMS

Item # Description Qty Method of Measurement Unit Unit Price Total Price

See Sample Task Order For Pricing

Each Task Shall Be Competed amongst ID/IQ Holders unless otherwise sepecified herein.

Effective Period of the Contract The effective period of this contract is from date of award through five (5) years unless the ordering threshold is reached prior to this date. If the ordering threshold is reached all awarded contractors will be notified and the contract will expire and closed.

Number of Awards:

This solicitation is anticipated to result in up to five multiple award indefinite delivery-indefinite quantity (IDIQ) contracts.

Minimum and Maximum Contract Amounts During the period specified in FAR clause 52.216-18 ORDERING, the Government will place orders totaling a minimum of $10,000.00 for each contract, but not in excess of $4,000,000.00 for all contracts awarded.

Notes

Method of Measurement Definitions:

Actual Quantity (AQ): The quantity to be paid will be the actual quantity accepted by the Government.

Contract Quantity (CQ): The quantity to be paid is the quantity shown in the schedule.

Estimated Quantity (EQ): The quantity in the schedule is an estimate. Any variation in quantity that results in an increase or decrease of 10%, may result in a Variation in Quantity. Contractor shall request an adjustment for Variation in Quantity from the Contracting Officer in writing no more than 10 calendar days after the occurrence and shall provide proof that the variation was required and unforeseen.

CONTRACT DOCUMENTS, EXHIBITS

OR ATTACHMENTS

Scope of Contract This project is for the capture and removal of up to approximately 1,000 wild horses annually from in and around the Devils Garden Wild Horse Territory, Devil’s Garden Ranger District, Modoc National Forest.

The Contractor shall furnish all labor, supplies and equipment necessary to accomplish the required work. The work consists of the capture of wild horses from the gather area, the care, feed, and transportation of the animals to a designated holding and sorting corral which the Contractor shall provide as identified in the statement of work/contract within 10 hours of capture at the approved trap site(s).Contractor shall also include aging mature horses, feed, and transportation of the animals to a designated BLM holding facility when identified in the statement of work/contract not to exceed 8 hours under normal driving conditions from the temporary holding/sorting corral. The work shall be accomplished in a safe and humane manner and be in accordance with the specifications and provisions.

The Forest Service is committed to the well-being, safety, and humane and responsible care of wild horses. The contractor shall ensure humane care and treatment for wild horses during all phases of the pre-gather, gather, and post-gather process. Contractor shall, to the maximum extent practicable, prevent or minimize fear, pain, distress, suffering, risk of injury, and death while carrying out activities authorized under applicable laws, regulation, policy, and this contract.

For every task order issued the Contractor shall, develop a plan of operations to organize, accomplish, and direct all operations for the necessary work when provided the resource objectives for the project.

Location and Access

Location

The work consists of the capture and removal of wild horses located within the Devil’s Garden Plateau of the Modoc National Forest.

This contract is located in Modoc County, California near the town of Alturas, CA. on the Modoc National Forest.

Access

The gather areas are mostly in remote areas with rough terrain. Public, tribal, or private access roads damaged by the Contractor shall be restored, at the Contractor's expense, to the same condition they were in at the commencement of work. Vehicles shall be limited to existing designated routes. Staging areas and facilities shall be placed on designated lands.

Period of Performance

The period of performance of this ID/IQ contract is 5 years from date of award. Task orders will clearly state period of performance applicable to each task.

Contract Pay Items

Contract payment will be determined as stated in the Schedule of Items of each task. Specific line items are anticipated to be as follows:

Mobilization, Operational Set Up and Take Down

A contract quantity paid as a lump sum which includes operational set up and take down, assembled drive traps, and assembled temporary holding corral for gather and sorting. Mobilization includes travel time to and from the project work area by the Contractor’s workforce; ferry time for helicopter and associated ground support.

Operational set up and take down includes assembling gather/sorting corral, drive traps prior to initiation of gather, take down of drive traps, pre-gather helicopter flight time to locate horses within the project work area, and pre-work meeting with CO and/or COR as needed.

Daily Rate Cost for a Complete Gather up to Approximately 1,000 Horses

An actual quantity daily rate during helicopter drive-trap operations. Rate includes stock trailer transport from trap sites to temporary holding/sorting corral, aging mature horses, care, feeding and watering of captured animals, security of corral and support to brand inspection(s):

1. Base daily operational cost shall include: financial compensation to cover the contractor's daily expenses plus a reasonable profit. Daily expenses shall include total contractor costs pertaining to the gather for a day including salaries, insurance, equipment, maintenance, etc., including the hourly helicopter cost minimum of 4 hours of flight time a day.

2. Complete gather daily rate shall apply regardless of the number of animals that are gathered that day. The contractor shall only be paid the actual number of days he works regardless of the number of days on the task order and the number of animals gathered.

3. Hourly rate cost if 4 hours of operations for the day is not completed.

Unit Price per Head

The contractor will be paid for the actual number of animals captured within the task order specifications.

Animals captured Include:

1. Captured in the trap with all gates closed.

2. Animals herded to the trap, but not captured at the direction of the COR/PI.

3. Animals released back to the public lands at the direction of the COR/PI.

4. Animals killed or destroyed without any fault or negligence on the part of the Contractor or its employees.

The contractor shall not be entitled to payment for capturing any animals which are lost, killed or destroyed during capture due to the fault or negligence on the part of the Contractor or its employees.

a. The contractor shall not be entitled to payment of recapture of animals previously released during that same gather operation and have been marked for identification purposes as being unsuitable for removal.

The contractor may be compensated for the capture of animals in excess of the 1000 specified if it is determined by the Contracting Officer to be in the Government’s best interest and agreed to by both parties in a contract modification.

Transportation costs per loaded mile to all facilities

An estimated quantity rate per mile for transportation of captured animals by semi-truck and/or pick-up and stock trailer from gather’s holding/sorting corral to BLM or other holding facilities. Location of holding facilities will depend on available space available at the time of task order issuance. Potential holding facilities may include, but are not limited to: Double Devil Corral, Alturas, CA. (8 mi), Litchfield, CA; (88 mi), Fallon, NV. (231 mi), and Carson City NV. (199 mi). Facilities shall be specified at the task order level along with estimated mileage.

A full trailer load will be determined by the COR or inspector. Any partial trailer loads shall be approved by

COR.

Contractor shall track and log mileage which shall be verified by COR/PI. Logs shall be submitted to COR with invoice.

Stand-By Daily Rate

An actual quantity daily rate for standby which includes support to base operations while on stand-by due to some unforeseen circumstance such as inclement weather or court ordered temporary restraining order which is of no fault of the contractor. Rate of base operational includes cost to feed and water any horses that have been gathered. The Stand-by rate does not include helicopter operational costs.

1) Stand-By Daily Rate if operation is required to stand-by as a result of some unforeseen circumstance.

2) If the contractor stands down for a day or a few days due to circumstances that were of no fault of the contractor), the Stand-by Daily Rate shall apply. Since the helicopter will be grounded, compensation shall be for base operational cost only.

3) It is at the discretion of the COR in consultation with the Contracting Officer and Contractor to authorize a Stand-by daily rate for the upcoming gather day.

4) If the gather is suspended due to weather after the operation has been underway, the Stand-by daily rate will apply.

5) The contractor's hourly helicopter cost will be included to cover the contractor's complete cost for the hourly operation of helicopter prior to suspension of operations that day.

6) The following will constitute a Stand-by daily rate day:

a. Weather suspension for the entire day.

b. Moving the trap(s) to another location.

7) Non-workday on Sundays or holiday does not constitute a Stand-by work day.

Maintenance and/or repairs to the helicopter will not constitute an automatic Stand-by daily rate day. The contractor shall continue working the operation. Moving traps, setting up bait stations, transporting and caring for horses etc.

Daily Rate Cost for a Bait Trapping

1) The work consists of the capture, handling, care, feeding, daily rate and transportation of wild horses to temporary holding facility. The method of capture will be with the use-of bait and/or water traps in accordance with the standards identified in the Comprehensive Animal Welfare Program (CA WP) for Wild horse and Burro Gathers.

2) The contractor shall furnish all labor, supplies, transportation and equipment necessary to accomplish the individual task order requirements. The work shall be accomplished in a safe and humane manner and be in accordance with the· provisions of 43 CFR Part 4 700, the CA WP,

3) Forest service reserves the right to place game cameras or other cameras in the capture area to document animal activity and response, capture techniques and procedures, and humane care during trapping. No private/non-Forest Service camera will be placed within the capture areas.

4) Hazing/Driving of wild horses and burros for the purpose of trapping the animals will not be allowed for the purposes of fulfilling individual task orders. Roping will be utilized only as directed by the COR.

5) Darting of wild horses and burros for trapping purposes will not be allowed.

6) No barbed wire material shall be used in the construction of any traps or used in new construction to exclude horses or burros from water sources

7) The contractor shall assure that captured mares and their dependent foals shall not be separated for more than 4 hours unless the COR/PI determines it necessary.

8) The contractor shall provide a saddle horse on site that is available to assist with the pairing up of mares with their dependent foals and other tasks as needed.

9) Contractor will report any injuries/deaths that resulted from trapping operations as well as pre-existing conditions to the COR/PI within 12 hours of capture and will be included in daily gather activity report to the

COR.

10) All trap and temporary holding facility area locations must be approved by the COR and/or the Project Inspector (PI) prior to construction and/or operation. The contractor may also be required to change or move trap locations as determined by the COR/PI. All traps and temporary holding facilities not located on public land must have prior written approval of the landowner or other management agency

11) Facility design to include traps, wings, alleys, handling pens, finger gates, shall be constructed, maintained and operated to handle the wild horses and burros in a safe and humane manner in accordance with the standards identified in the Comprehensive Animal Welfare Program (CA WP) for Wild Horse Gathers

12) Any Bait Trapping activity can be simultaneously with helicopter drive trapping, prior to drive trapping and after helicopter drive trapping.

Definitions

a) Contracting Officer (CO): Government representative with authority to approve and bind federal expenditures.

b) Contracting Officer Representative (COR) - Manages those items as delegated by the CO in their COR Designation. Typically the COR handles technical aspects of gather operations and provides direction to the contactor as identified in the contract. COR serves as point of contact for all communications with the Contractor, Contracting Officer, and PI’s. Ensures all appropriate documentation is complete and correct including work orders, payment documents and diaries.

c) Project Inspectors (PI) - Examines and inspects the Contractors equipment and services to ensure they conform to contract and legal requirements. There may be several PIs assigned to the contract.

d) Feed day: Animals held for 10 hours or more in the traps or holding facilities shall be provided good quality, weed-free hay at a minimum rate of 20 pounds per 1,000 pound adult animal per day (not less than two pounds of hay per 100 pounds of estimated body weight per day), adjusted accordingly for larger or smaller animals. An animal that is held at a temporary holding facility after 5:00 p.m. and on through the night, is defined as a horse feed day. An animal that is held for only a portion of a day and is shipped or released does not constitute a feed day.

e) Domestic Horses and other equines: All horses, mules, burros, and assess or animals of the equine species defined as livestock and deemed private property by California State Statute. Ownership of domestic livestock is determined by the State Brand Inspector(s).

f) Estray Horse: Domesticated livestock or progeny of domesticated livestock showing signs of domestication whose owner is unknown or cannot be located (General Code Article 17001.5). The “estray” status is determined by the State Brand Inspector(s). Estray livestock are deemed property of the State Department of Agriculture.

g) Wild Horse: All unbranded and unclaimed horses that use public lands as all or part of their habitat that have not lost their status under section 3 of the Wild Free-Roaming Horse and Burro Act of 1971 as amended. The “wild” status is determined by Forest Service and/or Bureau of Land Management officer(s) (Wild Horse & Burro Specialists) in consultation with the COR and the California State Brand Inspector(s).

Specific Work Requirements This work consists of the care, feed, and transportation of the animals to a designated preparation facility within or near the Project Work Area. Transport of captured animals is to the Forest temporary holding/sorting corral located near the territory (approximately 10 miles. The Contractor shall furnish all labor, supplies and equipment necessary to accomplish the required work, which shall include preparation of the on Forest gather /sorting corral that shall hold up to two hundred horses per day. The work shall be accomplished in a safe and humane manner and be in accordance with the following specifications and provisions. All equipment shall be sanitized prior to starting operations.

Transport of captured animals includes stock trailer transfer from the temporary trap site(s) to the temporary holding/sorting corral. Semi-truck transfer to BLM Litchfield facility (approximately 90 miles south of Alturas) depending on available space. BLM Fallon, NV and Carson City, NV facilities are optional destinations depending on available BLM space.

Specific Tasks

These gathers shall be conducted with the use of helicopter and/or horseback drive trapping, roping and bait trapping. Roping shall not be included as an extra cost for the gather. Roping shall be included in the calculation capture. Contractor shall be responsible for:

1. Trap lay out and set up with Contracting Officer's Representative (COR/PI) notification to insure area has proper clearances.

2. Transportation of gathered animals to specified holding facility.

3. Security and feeding of animals held for 10 hours or more in the traps or holding facilities. Contractor shall provide good quality hay at the rate of not less than 20 pounds of hay per 1000 pounds of estimated body weight per day. An animal that is held at a temporary holding facility after 5:00 p.m. and on through the night, is defined as a horse feed day. An animal that is held for only a portion of a day and is shipped or released does not constitute a feed day.

4. Support to State Brand Inspectors in handling, inspection, and/or loading of individual animals as instructed by the COR.

The Forest Service will be responsible for:

5. On-call veterinarian services.

6. Appropriate equipment for disposal of carcasses if buried in accordance with section titled Euthanasia or

Death.

Schedule of Work

The Contracting Officer will issue a work order with an anticipated area to be gathered approximately 2 weeks prior to the estimated start work date. The actual start work date will be confirmed verbally by the Contracting Officer's Representative (COR).

Unique Factors

Capture Methods That May Be Used In the Performance of a Gather

1. Helicopter Drive Trapping

2. The helicopter shall be operated using pressure and release methods to herd the animals in a desired direction and shall not repeatedly evoke erratic behavior in the Horses causing injury or exhaustion. Animals shall not be pursued to a point of exhaustion.

3. The rate of movement and distance the animals travel shall not exceed limitations set by the COR/PI who will consider terrain, physical barriers, access limitations, weather, condition of the animals, urgency of the operation (animals facing drought, starvation, fire, etc.) and other factors.

4. Horses that are weak or debilitated will be identified by FS staff or the contractors. Appropriate gather and handling methods shall be used according to the direction of the COR/PI.

5. The appropriate herding distance and rate of movement shall be determined on a case-by-case basis considering the weakest or smallest animal in the group (e.g., foals, pregnant mares, or horses that are weakened by body condition, age, or poor health) and the range and environmental conditions present.

6. Rate of movement and distance travelled shall not result in exhaustion at the trap site, with the exception of animals requiring capture that have an existing severely compromised condition prior to gather. Compromised animals shall not be left on the range or were doing so would only serve to prolong their suffering. Euthanasia may be performed in accordance with Forest Service policy (ref. BLM Euthanasia procedures).

7. Horses shall not be pursued repeatedly by the helicopter such that the rate of movement and distance travelled exceeds the limitation set by the COR/PI. Abandoning the pursuit or alternative capture methods may be considered by the COR/PI in these cases.

8. When horses are herded through a fence line enroute to the trap, the COR/PI shall be notified by the contractor.

The COR/PI will determine the appropriate width of the opening that the fence is let down to allow for safe passage through the opening. The COR/PI will decide if existing fence lines require marking by contractor to increase visibility to horses.

9. The helicopter shall not come into physical contact with any horse. The physical contact of any horse by helicopter shall be documented by COR/PI along with the circumstances.

10. Horses may escape or evade the gather site while being moved by the helicopter. If there are mare/dependent foal pairs in a group being brought to a trap and half of an identified pair is thought to have evaded capture, multiple attempts by helicopter may be used to bring the missing half of the pair to the trap or to facilitate capture by roping. In these instances, animal condition and fatigue shall be evaluated by the COR/PI or on-call veterinarian on a case-by-case basis to determine the number of attempts that can be made to capture an animal.

11. Horse captures shall not be conducted when ambient temperature at the trap site is below 10ºF or above 95ºF without approval of the COR/PI.

12. The contractor shall assure that dependent foals shall not be left behind. Any animals identified as such shall be recovered as a priority in completing the gather.

13. Any adult horse that cannot make it to the trap due to physical limitations shall be identified to the COR/PI by the pilot or contractor immediately. An inspection of the animal will be made to determine the problem and the COR/PI will decide if that animal needs to be humanely euthanized. COR or PI may consult with on-call veterinarian prior to making determination.

14. Roping

a) The roping of any horse shall be approved prior to the procedure by the COR/PI.

b) The roping of any horse shall be documented by the COR/PI along with the circumstances. Horses may be roped under circumstances which include but are not limited to the following: reunite a mare and her dependent foal; capture nuisance, injured or sick horses or those that require euthanasia; environmental reasons such as deep snow or traps that cannot be set up due to location or environmentally sensitive designation; and public and animal safety or legal mandates for removal.

c) Ropers shall dally the rope to their saddle horn such that animals can be brought to a stop as slowly as possible and must not tie the rope hard and fast to the saddle so as to intentionally jerk animals off their feet.

d) Horses that are roped and tied down in recumbency shall be continuously observed and monitored by an…