1284LM22R0001.pdf

Solicitation Number: 1284LM22R0001

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

(ii) This solicitation is issued as an RFQ.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-07.

(iv) This procurement is set aside for Small Business. The NAICS code is 115310 and the

Small Business Size Standard is $8M.

(v) Schedule of Items/Price Schedule

Item No. 1 – Roadside Brushing Flathead National Forest

Base Item - Year 2022 Field Season

Subitem No. Description Pay Unit

Estimated

Quantity Unit Price Amount

1.1 Roadside Brushing Mile 40 $___________ $___________

1.2 Equipment Rental (Brushing Tractor) Hour 10 $___________ $___________

1.3 *Equipment Transport Hour 10 $___________ $___________

TOTAL QUOTE 2022 $___________

Option Year 1 - 2023 Field Season

Estimated

Quantity Unit Price Amount

1.1 Roadside Brushing Mile 40 $___________ $___________

1.2 Equipment Rental (Brushing Tractor) Hour 10 $___________ $___________

1.3 *Equipment Rental Transport Hour 10 $___________ $___________

TOTAL QUOTE 2023 $___________

Option Year 2 - 2024 Field Season

Estimated

Quantity Unit Price Amount

1.1 Roadside Brushing Mile 40 $___________ $___________

1.2 Equipment Rental (Brushing Tractor) Hour 10 $___________ $___________

TOTAL QUOTE 2024 $___________

Option Year 3 - 2025 Field Season

Estimated

Quantity Unit Price Amount

1.1 Roadside Brushing Mile 40 $___________ $___________

1.2 Equipment Rental (Brushing Tractor) Hour 10 $___________ $___________

TOTAL QUOTE 2025 $___________

Item No. 2 – Roadside Brushing West Zone Lolo National Forest (Plains/Thompson Falls and Superior Ranger Districts)

2.1 Roadside Brushing Mile 40 $___________ $___________

2.2 Equipment Rental (Brushing Tractor) Hour 10 $___________ $___________

2.3 *Equipment Transport Hour 10 $___________ $___________

2.3 *Equipment Rental Transport Hour 10 $___________ $___________

Item No. 3 – Roadside Brushing East Zone Lolo National Forest (Ninemile, Missoula, and

Seeley Ranger Districts)

3.1 Roadside Brushing Mile 40 $___________ $___________

3.2 Equipment Rental (Brushing Tractor) Hour 10 $___________ $___________

3.3 *Equipment Transport Hour 10 $___________ $___________

3.3 *Equipment Rental Transport Hour 10 $___________ $___________

Item No. 4 – Roadside Brushing Bitterroot National Forest

4.1 Roadside Brushing Mile 40 $___________ $___________

4.2 Equipment Rental (Brushing Tractor) Hour 10 $___________ $___________

4.3 *Equipment Transport Hour 10 $___________ $___________

4.3 *Equipment Rental Transport Hour 10 $___________ $___________

*Equipment Transport – For each task order, the contractor will be responsible for transporting equipment to the point of hire which will be one of the Ranger District Offices shown on Forest maps. Transportation of equipment to the project and between roads shall be at the Government's expense using a per hour transport rate. Measurement will be based on actual hours worked

NOTE 01: It is anticipated that this solicitation will result in 1-4 different contract awards. The

Government may offer one or more than one item to any individual Contractor.

NOTE 02: Offerors are not required to offer on all four items but must provide prices for base and all option year for any given item. In addition, Offerors may limit the number of items that they would accept as a contract award. Offerors who submit an offer on more than one item may qualify their quote to inform the Government as to the total number of items that they would accept in response to a contract offer by the Government.

Offerors are requested to inform the Government regarding the maximum number of items they would accept in a contract offer:

“My offer is limited to a maximum of _______ items.”

NOTE 04: Award of this solicitation will result in Indefinite-Delivery/Indefinite Quantity contract(s) with Option Years.

NOTE 05: The estimated quantities are for the purpose of evaluating prices only. Quantities are not guaranteed except as noted in AGAR 452.216-73 and the Ordering clauses.

Basis of Award

The Government will award one or more contracts to the responsible quoter(s) whose quote(s) comforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors, other than price, may be used to evaluate quotes: (1)

Past Performance; (2) Technical Proposal to include Equipment and Experience operating equipment and Technical Approach.

Authorized Individuals to Place Orders

The following individuals are authorized to place orders under this contract:

Contracting personnel assigned to PPS Intermountain Zone up to the limits of their individual warrants and the limits established in this contract.

(vi) Description of Requirement

This work is being solicited as a performance-based service contract. Performance based means the Contractor is responsible for an end product.

The performance-based services covered in this contract are for the furnishing of all labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to perform roadside brushing in compliance with the terms, specifications, conditions, and provisions of this solicitation.

List of Attachments:

A. Experience Questionnaire

B. Lolo National Forest Map

C. Bitterroot National Forest Map

D. Flathead National Forest Map

E. Quality Assurance Plan

F. Detail Roadside Brushing Sections

G. WD 2015-5401 REV 14 Dated 10/20/2021

H. WD 2015-5393 REV 14 Dated 10/20/2021

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location

The machine roadside brushing to be accomplished under this contract is located on the Flathead, Lolo, and Bitterroot National Forests. The locations of the roads will be identified on the individual Task Orders. The roads will be staked using painted wood laths with the road and section number printed on them. Stakes will be placed at the beginning and end of each road segment. The roadside brushing will be maintenance brushing occurring on roads that have received brushing in the last seven years, or the work will be preformed on an hourly basis.

Additional information such as maps and worklists will be issued with individual Task Orders. A typical drawing showing the brushing limits concerning the roads to be brushed is shown in the attachment F of this solicitation. Further information can be obtained from Mike Frawley at the

Lolo National Forest, email Michael.frawley@usda.gov.

Site Visit

No site visit is planned for this project. For further information, please contact Mike Frawley at the Lolo National Forest, email Michael.frawley@usda.gov.

mailto:Michael.frawley@usda.gov

Existing Facilities

In addition to the requirements of the Use of Premises Clause of this contract, all existing facilities such as signs, cattleguards, culverts, riprap protecting culvert inverts or fill slopes, and drainage structures damaged by the Contractor shall be replaced or repaired by the Contractor at no additional cost to the Government.

Pollution and Erosion Control

(a) The Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes, from the Contractor's operations, including camps, parking areas, and equipment maintenance areas, shall be collected and disposed of in a sanitary and nuisance-free manner.

Refuse shall be disposed of in State-approved dumps or as approved by the Contracting Officer.

(b) The Contractor shall make every reasonable effort to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to minimize soil erosion and water pollution.

Washing of Equipment

In an attempt to stop the spread of weeds, this work will require the Contractor to wash their equipment prior to entering the jobsite. The equipment shall be washed with a pressure washer that can produce enough water force to thoroughly remove all organic, mineral debris, and including excess grease from the machine. Before the equipment is moved to the jobsite, it shall be inspected and approved by the Contracting Officer or designated representative.

Signing and Public Safety

The Contractor shall exercise due caution and care when operating to prevent conflict with public users of the roads.

A reflectorized "Slow Moving" vehicle emblem shall be attached to mowing equipment.

The Contractor shall post warning signs with 12-inch by 12-inch flags on both ends of the section being worked to warn the road users of the work in progress. Signs shall be of size, number, and colors as required in Section 6B of the current edition of the "2001 Manual on Uniform Traffic

Control Devices". Each sign shall have at least two flags. Signs shall be moved, as needed, so that a sign does not precede machinery by more than one (1) mile.

Motorized Equipment

(a) Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the

Contracting Officer.

(b) Moving of support equipment and personnel shall be at the Contractor's expense at all times.

For each task order, the contractor will be responsible for transporting equipment to the point of hire which will be one of the Ranger District Offices. Transportation of equipment to the project roads and between roads shall be at the Government's expense using a per hour transport rate.

Equipment Specifications

The equipment to be used for brushing shall be a tractor of at least 84 HP and a 36” mower deck.

The brusher shall be equipped with flashers or warning strobe light and a reflectorized “Slow

Moving” vehicle emblem.

End Product Description

Before and after finish brushing the roadway:

Shall be cut to the vertical and horizontal dimension shown on the Typical Clearing Detail.

Shall have all material cut of the proper diameter size requirement.

Shall have material cut to the proper height requirement.

Slash shall be scattered outside the Clearing Limits.

Material shall not be scattered into the stream or waterways.

Material shall not be scattered into the culvert inlets or catch basins

Shall not have concentration of slash over 18 inches above the ground.

Shall have Traffic Control signing in place as stated in Quality Assurance Plan.

Signing shall meet the requirements of the Manual of Uniform Traffic Control Devices.

Shall have no damage to existing facilities.

It is industry practice to use machine-mounted (rotary or flail type mowers) brush cutters and hand labor to do this work. Subitems requiring hand brushing will be accomplished by use of chainsaws, pruners, loppers, etc. and all material to be removed will be cleanly severed.

Clearing and brushing shall consist of cutting and specified disposal of all vegetative material including, but not limited to, limbs, residual slash and brush, live roadside brush, and small trees which are within the designated clearing limits on both sides of roadway. The clearing limits shall be as shown in the attachment F (Typical Brushing Details).

Contractor’s Quality Control Plan

The Contractor, not the Government, is responsible for management and quality control actions to meet the terms of this contract. The role of the Government is quality assurance to ensure contract standards are met.

Contractor shall provide a Quality Control Plan that outlines a progress schedule and addresses all major points contained in the Quality Assurance Plan.

Quality Assurance Plan

Quality assurance will be performed by the Government during the contract at regular intervals.

Methods may include visual survey and review of Contractor quality control documents.

Deduction for work may include rework at no cost to the Government or Government acceptance with price reduction.

See attached QA plan (Attachment E) for full understanding of all tasks required and acceptable quality levels.

Additional Inspection and Acceptance Requirements

The Government will inspect each road within 2 working days after notification by the Contractor that the road is completed and ready for inspection.

(a) Unacceptable work shall be redone at the Contractor’s expense.

Loss, Damage, or Destruction

(a) Equipment furnished with operator. The Government shall not be liable for loss, damage, or destruction of equipment furnished under this contract except for such loss, damage, or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

All claims arising under this clause will be submitted to the Contracting Officer.

Landscape Preservation

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

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

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or manmade channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in live streams without written approval by the

Contracting Officer.

Permits and Responsibilities

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

Contract Time

(a) Performance Period.

The contract time will be designated on each individual task order and the time will run continuously. Although a long window of days will be provided to complete the task order, it will be required of the Contractor to remain on the task order once the work has been started.

If more than one item is awarded to one quoter, task order time will run concurrently.

The Contractor shall maintain progress at a rate which will assure completion of work within the calendar time specified.

The Government may issue a Notice to Proceed as soon as weather and ground conditions are favorable for work. The count of contract time will start on the date specified on the Notice to

Proceed.

(b) The Contractor shall furnish to the Government a work plan before the Notice to Proceed is issued. This work plan shall include at the minimum:

(1) Hours of day the Contractor intends to work.

(2) Days of week the Contractor intends to work.

(3) Schedule showing dates when brushing will begin and a listing of the sequence of roads to be accomplished.

(c) The Contractor shall complete all work behind gate closures by October 15th, unless otherwise agreed to in writing by the COR. The Contractor will be advised of any applicable closures at the

Prework Meeting.

Ordering Procedure

The Contracting Officer and/or any Contracting Officer assigned to PPS Intermountain Zone, within the limits of their authority, may issue Task Orders to the Contractor. Order(s) may be issued by mail, facsimile, electronic commerce, or orally and confirmed in writing. Task Orders will be considered as being “issued” at the time they are mailed, faxed, transmitted or verbally issued by the Contracting Officer. If more than one method is used to place the order, the date of the earliest provable method will be the date of issue.

Each Task Order issued by the Government will include the following items:

Item

1. Task Order Cover Sheet

2. Location and description of specific work ordered by the Task Order

3. Estimated start work date and contract time for the Task Order

4. Project Maps

Method of Measurement

(a) Roadside Brushing(mile) - Roadside brush cutting will be measured to the nearest tenth of a mile along the centerline of the roadway, and shall include only those sections of the roads which are included in the contract and completed in accordance with the specifications. Measurement will be determined by a Forest Service vehicle equiped with an electronic distance measuring device. The measuring device will be checked for accuracy and calibrated. Parking areas, turnouts, and approach road connections are considered as adjuncts to the main roads and shall not be measured separately. Mileage includes brush cutting both sides of the road.

(b) Miscellaneous Hourly Equipment Rental(hour)- An hour consists of 60 minutes of actual operation of equipment on authorized Government work. Moving of equipment under its own power, when so ordered by the Contracting Officer, (except move-in and move-out) will constitute authorized work. Nonproductive time, such as lack of operating supplies or qualified operator, service time, time lost by reason of a breakdown or being stuck, or loading time of specified accessories shall not constitute “actual operation”. The equipment shall be operated at its design speed or the maximum speed feasible under the prevailing conditions.

(c) Transporting Equipment (from the point of hire) – From the point of hire and between roads, transporting equipment will be be paid on an hourly basis of actual hours worked. An hour consists of 60 minutes of actual operation of equipment from the point of hire and between roads.

Nonproductive time, such as lack of operating supplies or qualified operator, service time, time lost by reason of a breakdown or being stuck, or loading time of specified accessories shall not constitute “actual operation”. The equipment shall be operated at its design speed or the maximum speed feasible under the prevailing conditions.

Basis of Payment

(a) Roadside Brushing – Mile. Payment will be made for completed and accepted mileage to the nearest tenth of a mile.

(b) Miscellaneous Hourly Equipment Rental – Hour. Payment by the hour will include the following:

- fully operated machine-mounted brush cutter and one hand laborer

(c) Equipment Transporting– Hour Payment by the hour will include a fully operated vehicle capable of transporting all necessary equipment from the point of hire to the project and between roads.

(viii) 52.212-1 Instructions to Offerors – Commercial Items (SEP 2021) (Provision)

Addenda to provision 52.212-1:

Addenda to paragraph 52.212-1(b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award

Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offerors must submit the following:

a. Experience Questionnaire

b. Quality Control Plan

c. List of Equipment and Experience driving this equipment

d. Price Proposal (see section B)

(ix) 52.212-2 Evaluation – Commercial Items (OCT 2014) (Provision)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered. The following factors shall be used to evaluate offers:

(1) Past Performance (as demonstrated on Experience Questionnaire).

The Government will evaluate the Offeror’s past performance on same or similar work and will consider information submitted by the Offeror, obtained from references, or obtained by the

Government from other sources that is relevant to the following elements: (a) Quality of Service;

(b) Timeliness of Performance; (c) Customer Satisfaction/Working Relationships; and (d)

Management Skills. In evaluating past performance, the Government will consider the currency and relevancy of the information provided and obtained, the context of the data and the general trends of Offeror’s performance. Offerors that have no record of past performance will receive a neutral rating.

https://www.sam.gov/SAM/

(2) Equipment and Experience Operating Equipment (as demonstrated on Experience

Questionnaire).

The Government will evaluate the Offeror’s proposed equipment and the experience of Offeror’s operators of that equipment.

3) Technical Approach.

The Government will evaluate the Offeror’s Technical Approach based on the Offeror’s proposed

Quality Control Plan.

(4) Price.

To evaluate offers for award purposes, the Government will apply the Offeror’s proposed fixed-prices/rates to the estimated quantities included in the solicitation.

Technical approach and past performance, when combined, are equal to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(x) 52.212-3 Offeror Representations and Certifications – Commercial Items (FEB 2021)

(DEVIATION JUL 2020) (Provision)

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

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in

DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40

U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly

American; and 41 U.S.C chapter 21 relating to procurement integrity.

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Items (SEP 2021) (DEVIATION JUL 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

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

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

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-

91).

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

Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

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

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

[Contracting Officer check as appropriate.]

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

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C.

3509)).

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

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

American Recovery and Reinvestment Act of 2009.)

☒ (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. (Jun 2020) (31 U.S.C. 6101note).

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

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

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15

U.S.C.657a).

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

Concerns (Sep 2021) 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 (Sep 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.637s)

[Contracting Officer check as appropriate.]

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

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

☐ (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 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. 637(a)(17)).

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

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(DEVIATION JUL 2020) (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 (Oct 2020) (22 U.S.C. chapter 78 and

E.O. 13627).

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

☐ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

☐ (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. 552 a).

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

☐ (48) 52.225-1, Buy American-Supplies (Jan 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)

(DEVIATION JUL 2020) (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, 19 U.S.C. chapter 29 (sections 4501-4732), Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

☐ (iii) (ii) Alternate II (May 2014) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (May 2014) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (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 Items (Feb 2002) (41

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

☐ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10

U.S.C.2307(f)).

☒ (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 (Feb 2006)

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

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

☐ (iii) Alternate II (Feb 2006) of 52.247-64.

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

Contracting Officer check as appropriate.]

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

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the

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

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

Employee Class Monetary Wage-Fringe Benefits

____GS-7_________ _________$20.93___________________

☒ (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 Under Executive Order 13658 (Nov 2020).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

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

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

Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

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

Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR

19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (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 (Oct 2015) (E.O. 12989).

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

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

13706).

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

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

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

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

Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(xiii) Additional Requirements/Terms and Conditions:

Clauses:

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (JUN 2020)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

(MAY 2011)

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

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 1/1/2022 through 12/31/2025.

(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.

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 $2,000, 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 $100,000

(2) Any order for a combination of items in excess of $250,000 or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(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) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, 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 _____ 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.

https://www.acquisition.gov/far/current/html/52_216.html#wp1115057

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 12/31/2025.

52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Chief, Procurement and Policy Branch

Alfort Belin – Alfort.belin@usda.gov

707-562-9107

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the

Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

mailto:Alfort.belin@usda.gov

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of expiration of contract

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

(a)The Government may extend the term of this contract by written notice to the

Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years 6 months.

52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

(OCT 2021) (DEVIATION)

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin

Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate

COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer

Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United

States or its outlying areas.

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC

2013) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307)

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

1984)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

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

Department of Agriculture Acquisition Regulation (AGAR) Clauses:

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

Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.252-6 Authorized Deviations in Clauses (NOV 2020)

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

CFR Chapter 1) clause with an…