127EAY22Q0066.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

7EAY

REDDING CA 96002

SUITE 180

3644 AVTECH PARKWAY

USDA-FS CSA SOUTHWEST 1

9A38 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR7EAY

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/04/2022 1300 PT

07/21/2022

530-226-2408MATTHEW BILLHARDT

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

127EAY22Q0066

5. SOLICITATION NUMBER

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

1 28 1067434OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

MCCLOUD CA 96057

PO BOX 1620

MCCLOUD RANGER DISTRICT - DRAWER 1

15. DELIVER TO

REDDING CA 96002

SUITE 180

3644 AVTECH PARKWAY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$20.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA SOUTHWEST 1

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 11/30/2022 Period of Performance: 08/12/2022 to 11/30/2022

0001 Subsoiling of 119 landings, some temp roads, and up to 200 feet of main skid trail per landing in the area of McCloud, CA.

Product/Service Code: F021 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- SITE PREPARATION

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

MATTHEW J. BILLHARDT

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Please review the Statement of Work section included within this solicitation for the project's details and requirements.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

28 2 of

2 - Section 2

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

52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (NOV 2021)

(a) Definitions. As used in this clause-

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

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. (MAY 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.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

(5) (Reserved)

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

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L.

111-117, section 743 of Div. C).

[ ] (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)

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

[ ] (ii) Alternate I (MAR 2020) of 52.219-6.

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

[ ] (ii) Alternate I (MAR 2020) of 52.219-7.

[ ] (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).

[X] (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).

[X] (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).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

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

[ ] (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[ ] (ii) Alternate I (JUL 2014) of 52.222-35.

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

[ ] (ii) Alternate I (JUL 2014) of 52.222-36.

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

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

13496).

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

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

[ ] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (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.

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

13513).

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

[ ] (46) 52.223-21, Foams (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)).

[X] (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.)

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

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

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

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

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

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

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

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) 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 (MAY 2022) (E. O. 12989).

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

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

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

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

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): https://www.acquisition.gov/

(End of clause)

3 - Statement of Work

Statement of Work

This page has been intentionally left blank. Please proceed to the next page for the Statement of Work (SOW).

Mudflow-West Algoma Subsoiling Statement of Work

The purpose of this contract is to improve the condition of native soils by decompacting soils affected by the use of heavy equipment in recent timber harvest. The contractor shall provide all labor, equipment and services to perform subsoiling of landings and skid trails in the Mudflow Contract Area on the McCloud Ranger District. This statement of work consists of subsoiling impacted areas using equipment and techniques as defined in Section 5 of this document.

1. DESCRIPTION OF WORK

Subsoiling of native soils to restore the natural porosity of the soil layers with minimal disruption to the top layer of the soil. This will be accomplished with the use of a tracked machine with an attached subsoiler. The contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies/fuel/oil and incidentals necessary to complete the work required.

2. DEFINITIONS

• Subsoiling – The act of operating a tracked machine equipped with a rake or other similar attachment across the landing area to break up sub-surface compaction while minimizing the effects to the top layer of soil. One or more passes with the machine may be required to ensure that all the area has been treated sufficiently to break up the compacted layer.

• Subsoiler – Tracked machine, such as a dozer equipped with a rake attachment capable of lifting/fracturing the soil layer to a depth of 18” without disrupting the very top layer of topsoil

• Fire Precautionary Period – Period between May 1 and December 31 of any year.

Contractor required to maintain a set of fire tools, fire extinguishers and a fire pumper for fire compliance as described in the Californial Public Resources Code Section 4428.

3. PERIOD OF PERFORMANCE

The period of performance of this project is from contract award through November 30, 2022, with access to the unit being the limiting factor. Snow blocks access from roughly November through April. Contract to resume following field season when areas become accessible after snow melts and ground conditions are condusive to tracked operations.

Contract term date shall be one year after award.

4. PROJECT LOCATIONS

The project is located on the Shasta-Trinity National Forest, Shasta-McCloud Management Unit, McCloud Ranger District, McCloud, CA. There are approximately 119 separate locations to be subsoiled. These areas average ½ acre in size but range from 1/3 to 3/4 acre in size, with additional subsoiling to occur on logging skid trails within 200 feet of the landing area. Subsoiling will also be required on temporary roads used to access landings, if applicable.

Access: The Forest Service assumes no obligation to do special maintenance to keep roads/access routes open. Most roads are accessible between the months of May through November due to winter conditions, though high clearance vehicles with 4x4 may be necessary on some roads. The Government assumes no responsibility to maintain roads in a passable condition.

Maps: See attached Project Maps for specific areas.

5. SPECIFIC WORK REQUIREMENT

Subsoiling shall be accomplished by equipment that will lift and fracture the soil by vertical and lateral shattering, leaving soil loosened through the full width and depth of the compacted layer with the topsoil remaining substantially in place rather than being inverted. Depth of treatment shall be to a depth of 18 inches. Agreement in writing may be made to a lesser depth if rocks or other limiting site conditions are encountered.

Each location to be treated shall have one or more passes over the area to ensure complete coverage. Main skid trails shall be treated to a maximum distance of 200 feet from the back of the landing area. Temporary roads used to access landings will need to be subsoiled as well, as indicated on the map. Operations shall be limited to periods when soil dryness will result in crumbled soil, avoiding the formation of large clods.

Contractor and Forest Service shall agree in writing on the timing of completion of such work to coordinate with desirable soil moisture conditions.

6. RESOURCE PROTECTION STANDARDS

Stream and soils protections.

If wet weather conditions are encountered that may cause resource damage to soils, the COR will consult with the Hydrologist to determine if work shall continue or need to be halted until conditions are acceptible.

Protection of known historic or prehistoric sites.

There may be known archeological sites within the project area. Sites to be protected will be clearly identified on the ground with red and black striped flagging. Subsoiling areas are located outside of these protected areas.

Fire Precautionary Period Operations that occur between May 1 and Dec. 31 of any year require specialized fire equipment, tools and fire extinguishers to be maintained on the contract area where active operations are occurring. Depending on the current level of fire precaution, as determined by a daily report, a 2-hour firewatch may be required after tracked operations cease for the day.

7. BOUNDARIES

The areas to be subsoiled will be shown on a georeferenced PDF map to be provided to the contractor to be used with AVENZA or another mobile mapping program.

• Method of Area Measurement – The subsoiling areas have been determined by

Global Positioning Systems (GPS) and/or Geographic Information Systems (GIS). If re-measurement of the acreage is desired by the contractor, notification shall be made via written request.

8. FAR 52.237-1 Site Visit (Apr 1984)

It is recommended the prospective bidders inspect the contract area and individual locations where and local conditions that may affect the cost of contract performance.

Failure to inspect the site does not constitute grounds for a claim after contract award.

No site visit is planned. For information regarding the site please contact Brian Murphy at brian.d.murphy@usda.gov or 815-207-3952.

9. GOVERNMENT FURNISHED PROPERTY:

Description Location Remarks none NA NA

10. LIST OF ATTACHMENTS

The following attachments are made a part of this solicitation and any resultant contract.

Title Pages Fire Plan 10 Project Maps 5 Wage Determination 5 mailto:brian.d.murphy@usda.gov

11. Safety

Contractors shall have, and maintain, a written Safety Plan for the duration of the contract. The Safety Plan is due to the Contracting Officer within 10 days of award. The Safety Plan must be available on-site and must be updated for project specific information. The Contracting Officer Representative will obtain a copy of the site specific Safety Plan from the Contractor on the first day of work.

When Contractor’s operation are in progress adjacent to or on Forest Service controlled roads and trails open to public travel, Contractor shall furnish, install, and maintain all temporary traffic controls which provide the road user with adequate warning of hazardous or potentially hazardous conditions associated with Contractor’s operations. Devices shall be specified as in the “Manual on Uniform Traffic Control Devices for Street and Highway” (MUTCD). Devices shall be appropriate to current conditions and covered or removed when not needed.

Contractor shall be responsible to clear overhanging or fallen trees and snags across roads accessing the project area and keep roads free of activity debris.

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, and a fire permit, along with following any fire restrictions that may be in place.

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 provide additional resource protection measures as they become apparent, regardless of when such facts become known. Discovery of such areas (include wildlife areas, heritage resource areas, and noxious weeds) by either party shall be promptly reported to the other party. Access may be delayed due to heavy logging activity and/or weather.

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.

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

Site: Landing that needs to be subsoiled.

Cultural Resources: Tangible and intangible aspects of cultural systems, living and dead, that are valued by a given culture or contain information about the culture Cultural resources include, but are not limited to sites, structures, buildings, districts, and objects associated with or representative of people, cultures, and human activities and events. Cultural resources include the entire spectrum of resources for which the Heritage Program is responsible, from artifacts to cultural landscapes, without regard to eligibility for listing on the National Register of Historic Places.

Erosion: The process in which a material is worn away by precipitation, a stream of water, glaciers, winds and waves.

Resource Protection Measures (RPM): Resource Protection Measures are site specific protections or actions intended to minimize or eliminate potential environmental effects while achieving the desired condition. Development was guided by Forest Plan direction as well as other applicable law, regulation and policy; project-specific objectives; and resource concerns identified by the resource specialists.

Government 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.

13. Contractor Personnel and Equipment

The Contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operation supplies, and incidentals necessary to complete the project.

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 proposed subcontract arrangement related to this contract, in advance of entering into a subcontract. Any subcontractor must 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 would be initiated, and its duration.

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

D. Documentation of the subcontractor’s representative authority.

Equipment Cleaning Contractor shall clean all off road equipment prior to arrival on the District, and again before leaving the project area, making sure equipment is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds.

14. 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. 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 each site visually for compliance. Sites will be checked for compliance with contract requirements and to make sure work is within range of the Governments standards in this contract.

Rework of a Site When inspection results do not meet Government standards, payment will not be made until the site has been brought up to standards or a reduced payment amount has been determined. 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.

Acceptance The Government will accept a site when all work has been completed, which includes but not limited to: Subsoiling the landing and main skid trails up to 200 feet down to 18 inches in depth, closing any access that was re-opened to gain entrance, and spreading any available organic material over landings once subsoiled.

15. 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 (via CPARS) and receive recommendations for award of similar work in the future.

Payment Basis Payment will be made for completed sites of work where quality meets or exceeds standard less any authorized deductions.

16. Contract Administration Data 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 considered to be outside of the scope of the contract, the Contractor should advise the Contracting Officer.

Pre-work/Post Award Conference A post award conference with the awarded Contractor may be required, and if so, will be held at a location and time mutually agreeable to the Forest Service and the Contractor.

Invoices Invoices shall be submitted for work that has been completed and accepted. The Contractor may invoice for all work at once or incrementally.

The “Submit Invoice-to” address for USDA orders is the Department of Treasury’s Invoice Processing Platform (IPP). All invoices shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website: https://www.ipp.gov/index.htm.

Vendors register at: https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account.

Final Cleanup Before final acceptance, all areas occupied or used by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

Material to be removed includes, but is not limited to: used engine oil, oil filters, oil cans, grease cartridges, rags, tires, camp refuse, bottles, plastics, etc. Said material shall be removed to a California State approved disposal site.

EVALUATION- COMMERCIAL ITEMS

(a) The Government will award a contract resulting from this solicitation to the responsible, responsive Quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

(1) The Government will determine responsibility by analyzing whether the apparent successful Quoter complies with the requirements of FAR 9.1 including:

(i) Have adequate financial resources to perform the contract, or the ability to obtain them;

(ii) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.

(iii) Have a satisfactory performance record. A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history;

(iv) Have a satisfactory record of integrity and business ethics;

(v) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

(vi) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

(vii) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

(2) To be determined responsive, a responsive quote must comply in all material respects with the solicitation. Examples of solicitation requirements that could determine responsiveness include:

(i) acknowledgement of amendments (if any);

(ii) completed representations and certifications; and

(iii) Quoters not furnishing prices for each item listed in the Schedule requiring a unit price. If the quoter fails to insert a unit price in the appropriate blank for required item(s), but does furnish an extended total, or an estimated amount for such item(s), the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity. Should any mathematical check made by the Government show a mistake in the extended amount quoted, the corrected unit price extension shall govern. If a quoter omits both the unit price and the extended amount or estimated amount for any item, its quote shall be declared nonresponsive and therefore ineligible for award. Pricing must be submitted for all items.

(3) The following factors shall be used to evaluate quotes:

(i) Price Factor: Quoters shall provide pricing on Schedule of Items. The Government intends to assess price to determine realism and reasonableness (reflective of the Quoters understanding of the work and ability to perform the work).

(ii) Technical Capability/Past Performance: Quoters shall respond to this factor in a format of the offerors choosing.

Technical Capability: Technical capability is a measure of the degree to which the vendor presents their understanding of the requirements and the challenges of this project as well as their ability to mitigate those challenges and complete the project as specified.

The narrative response to the technical approach should be in as much detail as the quoter considers necessary to fully explain their proposed technical approach or method. The technical approach should reflect a clear understanding of the nature of the work being undertaken and an understanding of the acceptable quality level. The narrative need not be lengthy but shall at a minimum address the following information:

1) Work Plan: The staffing and equipment available to perform task orders during the contract period.

2) Quality Control Plan: Submit the quality control plan which will be used to ensure an acceptable quality level of 90% or greater is achieved on all line items.