C04a_ 1a. Buck-Helene IRSC_12363N26R4012.pdf

BH Fuels Reduction Stewardship IRSC Solicitation 12363N26R4012

Statement of Requirement The Forest Service is executing this procurement under the stewardship contracting authority provided under Section 8205 of Public Law 113-79, the Agricultural Act of 2014 as amended under Section 204 & 207 of the Consolidated Appropriations Act (Omnibus Bill 2018). Stewardship authority grants the Forest Service Chief or designee the authority to aggregate contractual requirements into stewardship projects.

The objectives of this project are to reduce hazardous fuels in post-Hurricane Helene National Forests in Western North Carolina on steep and rugged terrain in the Wildland Urban Interface. This work includes the development of logging plans, construction and closure of landing areas, preparation and removal of damaged timber and small roundwood material via helicopter, road maintenance and hauling of forest products. Upon completion, landing restoration will be needed. See Appendix A for Performance Work Statements, Appendix B for timber removal specifications and Appendix C for Road Maintenance specifications.

SCHEDULE OF ITEMS:

MANDATORY WORK ACTIVITIES:

ITEM

NO.

DESCRIPTION OF

MANDATORY WORK ACTIVITIES UNIT ESTIMATED

QUANTITY

UNIT

PRICE TOTAL PRICE

Logging Plan, Landing Development & Restoration for Helicopter Yarding (Helene)

a. Logging Plans Each 13 $ $

b. Landing Development Each 30 $ $

c. Landing Closure Each 30 $ $

2 Fall and Buck Trees in Preparation for Helicopter Yarding (Helene) Acre 3,098 $ $

a. Helicopter Mobilization 1st Operating Season Lump Sum N/A $

b. Helicopter Mobilization 2nd Operating Season Lump Sum N/A $

4 Helicopter Yarding-All Products (Helene) Ton 260,232 $ $

5 Landing Operations (Helene) Ton 260,232 $ $

6 Hauling of Timber Products Ton 260,232 $ $

Road Maintenance

a. Buck T-811 Blading- During Haul Mile 2.5 $ $

b. Helene T-111 Blading- During

Haul Mile 29.64 $ $

a. Buck T-813 Surfacing- During Haul Ton 1,133 $ $

b. Helene T-813 Surfacing- During Haul Ton 5,000 $ $

9 Cut and Remove Timber-Vineyard Tractor Ground Ton 144 $ $

Total All Mandatory Service Items $

OPTIONAL WORK ACTIVITIES:

ITEM

NO.

DESCRIPTION OF

OPTIONAL WORK ACTIVITIES UNIT ESTIMATED

QUANTITY

UNIT

PRICE

TOTAL

PRICE

Landing Development & Restorations for Helicopter Yarding (Helene) b.Landing Development Each 10 $ $

c. Landing Closure Each 10 $ $

11 Felling & Bucking wood products Helene Acres 762 $ $

12 Helicopter Yarding (Helene) Ton 64,008 $ $

13 Landing Operations Ton 64,008 $ $

14 Hauling of Timber Products Ton 64,008 $ $

15 Cut and Haul Small Roundwood (Buck) Ton 5,400 $ $

Total All Optional Service Items $

MANDATORY TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

OPTIONAL TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

SPECIES PRODUCT ESTIMATED

QUANTITY

UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

OFFER

(FLAT)

TOTAL

OFFER

ALL

(Helene) Sawtimber 182,782 Tons $0.25 $ $

ALL

(Vineyard) Sawtimber 144 Tons $0.25 $ $

ALL

Small

Roundwood 74,825 Tons $0.01 $ $

Total 257,751 Tons

Total – All Products $

SPECIES PRODUCT ESTIMATED

QUANTITY

UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

OFFER

(FLAT)

All (Helene)

Small Roundwood 19,050 Tons $0.01 $

All (Chunky

Gal, Davenport)

Small Roundwood 5,400 Tons $0.01

Total 24,450 Tons Total – All Products $

TIMBER SUBJECT TO AGREEMENT PRICE SCHEDULE:

SCHEDULE NOTES:

These schedules are for pricing/payment purposes. Refer to 52.212-1, Instructions to Offerors for business proposal requirements. Evaluation criteria used by the Forest Service for proposals is located in 52.212-2 of this solicitation.

Enter a quantity and Offer (Flat) in the Timber Removal Price Schedule if Timber Subject to Agreement (TSA) is being requested in the Technical Proposal. No entry indicates no desire to remove TSA. TSA quantity will be negotiated and agreed to at award or by modification post award.

Price Proposals MUST be provided on ALL Items in Schedules: Mandatory Work and Optional Work Activities and Timber or other products Removal Price Schedule. Unit prices prevail.

No site visit is scheduled for this project. Interested vendors are encouraged to visit the project area to familiarize themselves with the requirements.

PERIOD OF PERFORMANCE IS FROM DATE OF AWARD THROUGH 09/13/2028

Technical Data

SCOPE OF CONTRACT

(a) Description of Work- The objectives of this project are to reduce hazardous fuels in post- Hurricane Helene National Forests in Western North Carolina on steep and rugged terrain in the Wildland Urban Interface. This work includes the development of logging plans, construction and closure of landing areas, preparation and removal of damaged timber and small roundwood material via helicopter, road maintenance and hauling of forest products.

Upon completion, landing restoration will be needed.

(b) Resulting Contract – Any resultant contract will be a firm fixed price commercial services contract with requirements for timber removal.

(c) Project Location- Cheoah/Tusquitee Ranger District in Clay and Cherokee Counties https://www.google.com/maps/dir/35.0280434,- 83.6838621/US+Forest+Service,+123+Woodland+Dr,+Murphy,+NC+28906/@35.028125,- 83.6890722,17z/am=t/data=!4m8!4m7!1m0!1m5!1m1!1s0x885ee20fcc0fa817:0xe051fe1ecdf2781d!

2m2!1d- 84.0300203!2d35.0794639!5m1!1e4?entry=ttu&g_ep=EgoyMDI2MDMwOS4wIKXMDSoASAFQA w%3D%3D

The Appalachian Ranger District in Buncombe, Yancey and Mitchell Counties, North Carolina.

Tusquitee Ranger District 123 Woodland Drive, Murphy, NC. Appalachian Ranger District 623 Manor Road, Mars Hill, NC.

https://www.google.com/maps/dir/36.1006055,- 82.3246373/Appalachian+Ranger+District,+632+Manor+Dr,+Mars+Hill,+NC+28754/@36.0412983, SPECIES PRODUCT ESTIMATED

QUANTITY

UNIT OF

MEASURE

MINIMUM

ACCEPTABLE

OFFER

OFFER

(FLAT)

ALL

(Helene) Sawtimber 44,958 Tons $0.25 $ https://www.google.com/maps/dir/35.0280434,-83.6838621/US+Forest+Service,+123+Woodland+Dr,+Murphy,+NC+28906/@35.028125,-83.6890722,17z/am=t/data=!4m8!4m7!1m0!1m5!1m1!1s0x885ee20fcc0fa817:0xe051fe1ecdf2781d!2m2!1d-84.0300203!2d35.0794639!5m1!1e4?entry=ttu&g_ep=EgoyMDI2MDMwOS4wIKXMDSoASAFQAw%3D%3D https://www.google.com/maps/dir/35.0280434,-83.6838621/US+Forest+Service,+123+Woodland+Dr,+Murphy,+NC+28906/@35.028125,-83.6890722,17z/am=t/data=!4m8!4m7!1m0!1m5!1m1!1s0x885ee20fcc0fa817:0xe051fe1ecdf2781d!2m2!1d-84.0300203!2d35.0794639!5m1!1e4?entry=ttu&g_ep=EgoyMDI2MDMwOS4wIKXMDSoASAFQAw%3D%3D https://www.google.com/maps/dir/35.0280434,-83.6838621/US+Forest+Service,+123+Woodland+Dr,+Murphy,+NC+28906/@35.028125,-83.6890722,17z/am=t/data=!4m8!4m7!1m0!1m5!1m1!1s0x885ee20fcc0fa817:0xe051fe1ecdf2781d!2m2!1d-84.0300203!2d35.0794639!5m1!1e4?entry=ttu&g_ep=EgoyMDI2MDMwOS4wIKXMDSoASAFQAw%3D%3D https://www.google.com/maps/dir/35.0280434,-83.6838621/US+Forest+Service,+123+Woodland+Dr,+Murphy,+NC+28906/@35.028125,-83.6890722,17z/am=t/data=!4m8!4m7!1m0!1m5!1m1!1s0x885ee20fcc0fa817:0xe051fe1ecdf2781d!2m2!1d-84.0300203!2d35.0794639!5m1!1e4?entry=ttu&g_ep=EgoyMDI2MDMwOS4wIKXMDSoASAFQAw%3D%3D https://www.google.com/maps/dir/35.0280434,-83.6838621/US+Forest+Service,+123+Woodland+Dr,+Murphy,+NC+28906/@35.028125,-83.6890722,17z/am=t/data=!4m8!4m7!1m0!1m5!1m1!1s0x885ee20fcc0fa817:0xe051fe1ecdf2781d!2m2!1d-84.0300203!2d35.0794639!5m1!1e4?entry=ttu&g_ep=EgoyMDI2MDMwOS4wIKXMDSoASAFQAw%3D%3D https://www.google.com/maps/dir/35.0280434,-83.6838621/US+Forest+Service,+123+Woodland+Dr,+Murphy,+NC+28906/@35.028125,-83.6890722,17z/am=t/data=!4m8!4m7!1m0!1m5!1m1!1s0x885ee20fcc0fa817:0xe051fe1ecdf2781d!2m2!1d-84.0300203!2d35.0794639!5m1!1e4?entry=ttu&g_ep=EgoyMDI2MDMwOS4wIKXMDSoASAFQAw%3D%3D https://www.google.com/maps/dir/36.1006055,-82.3246373/Appalachian+Ranger+District,+632+Manor+Dr,+Mars+Hill,+NC+28754/@36.0412983,-82.5590773,11z/data=!4m8!4m7!1m0!1m5!1m1!1s0x885a1837e9acc227:0x2f44c492cd11037f!2m2!1d-82.5265022!2d35.8395374!5m1!1e4?entry=ttu&g_ep=EgoyMDI2MDMwOS4wIKXMDSoASAFQAw%3D%3D https://www.google.com/maps/dir/36.1006055,-82.3246373/Appalachian+Ranger+District,+632+Manor+Dr,+Mars+Hill,+NC+28754/@36.0412983,-82.5590773,11z/data=!4m8!4m7!1m0!1m5!1m1!1s0x885a1837e9acc227:0x2f44c492cd11037f!2m2!1d-82.5265022!2d35.8395374!5m1!1e4?entry=ttu&g_ep=EgoyMDI2MDMwOS4wIKXMDSoASAFQAw%3D%3D https://www.google.com/maps/dir/36.1006055,-82.3246373/Appalachian+Ranger+District,+632+Manor+Dr,+Mars+Hill,+NC+28754/@36.0412983,-82.5590773,11z/data=!4m8!4m7!1m0!1m5!1m1!1s0x885a1837e9acc227:0x2f44c492cd11037f!2m2!1d-82.5265022!2d35.8395374!5m1!1e4?entry=ttu&g_ep=EgoyMDI2MDMwOS4wIKXMDSoASAFQAw%3D%3D

82.5590773,11z/data=!4m8!4m7!1m0!1m5!1m1!1s0x885a1837e9acc227:0x2f44c492cd11037f!2m2!

1d- 82.5265022!2d35.8395374!5m1!1e4?entry=ttu&g_ep=EgoyMDI2MDMwOS4wIKXMDSoASAFQA w%3D%3D

(d) Under this contract, “Contractor’s Operations” will include activities of or use of equipment of Contractor, Contractor’s employees, agents, Subcontractors, or their employees or agents, acting in the course of their employment in operations hereunder on National Forest lands or within Forest Service protection boundary (unless acting under the immediate supervision of Forest Service).

(e) Contractor’s Operations will be conducted in a workmanlike and orderly manner. The timing of required Forest Service designation of work on the ground and the performance of other Forest Service work will not be such as to cause unnecessary delay to Contractor.

Specifications

General specifications for all Contract Activities listed by item number in the Schedule of Items are provided in Appendix A. Specifications governing timber removal are contained in Appendix B, and the related road maintenance requirements for haul of products are detailed in Appendix C.

Title Pages

1b. IRSC Addenda- Supplemental Stewardship Requirements 22

2. Appendix A – Technical Specifications for Service Work Items 13

3. Appendix B – Timber Removal (Scaled) Specifications 20

4. Appendix C – Road Maintenance T-Specs

5a. Maps- Contract Area Maps 5b. Road Mtce Overview

6a. Forestry- SCA Wage Determination #2001-0233, Revision #59 dated 5.13.2026 3

6b. Aircraft Mechanics and Support- SCA Wage Determination #2015-4417, Revision #31 dated 5.13.2026 (Cherokee, Clay, Mitchell, Yancey Counties)

6c. Aircraft Mechanics and Support- SCA Wage Determination #2015-4369, Revision #30 dated 5.13.2026 (Buncombe County)

6d. Pilot- SCA Wage Determination #1996-0233, Revision #69 dated 5.13.2026 12

Federal Acquisition Regulation (FAR) and United States Department of Agriculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions.

Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on https://www.google.com/maps/dir/36.1006055,-82.3246373/Appalachian+Ranger+District,+632+Manor+Dr,+Mars+Hill,+NC+28754/@36.0412983,-82.5590773,11z/data=!4m8!4m7!1m0!1m5!1m1!1s0x885a1837e9acc227:0x2f44c492cd11037f!2m2!1d-82.5265022!2d35.8395374!5m1!1e4?entry=ttu&g_ep=EgoyMDI2MDMwOS4wIKXMDSoASAFQAw%3D%3D https://www.google.com/maps/dir/36.1006055,-82.3246373/Appalachian+Ranger+District,+632+Manor+Dr,+Mars+Hill,+NC+28754/@36.0412983,-82.5590773,11z/data=!4m8!4m7!1m0!1m5!1m1!1s0x885a1837e9acc227:0x2f44c492cd11037f!2m2!1d-82.5265022!2d35.8395374!5m1!1e4?entry=ttu&g_ep=EgoyMDI2MDMwOS4wIKXMDSoASAFQAw%3D%3D https://www.google.com/maps/dir/36.1006055,-82.3246373/Appalachian+Ranger+District,+632+Manor+Dr,+Mars+Hill,+NC+28754/@36.0412983,-82.5590773,11z/data=!4m8!4m7!1m0!1m5!1m1!1s0x885a1837e9acc227:0x2f44c492cd11037f!2m2!1d-82.5265022!2d35.8395374!5m1!1e4?entry=ttu&g_ep=EgoyMDI2MDMwOS4wIKXMDSoASAFQAw%3D%3D https://www.google.com/maps/dir/36.1006055,-82.3246373/Appalachian+Ranger+District,+632+Manor+Dr,+Mars+Hill,+NC+28754/@36.0412983,-82.5590773,11z/data=!4m8!4m7!1m0!1m5!1m1!1s0x885a1837e9acc227:0x2f44c492cd11037f!2m2!1d-82.5265022!2d35.8395374!5m1!1e4?entry=ttu&g_ep=EgoyMDI2MDMwOS4wIKXMDSoASAFQAw%3D%3D representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation 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 the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.212-4 Terms and Conditions-Commercial Products and Commercial Services (Nov 2025) ☐ Alternate I (Nov 2025) of 52.212-4 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.222-50 Combating Trafficking in Persons (Nov 2025)

☐ Alternate I (Nov 2025) of 52.222-50 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest After Award (Sep 2025) 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025) 52.240-91 Security Prohibitions and Exclusions (Nov 2025)

☐ Alternate I (Nov 2025) of 52.240-91 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)

The following clauses are applicable if checked:

☐ 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I (Nov 2021) of 52.203-6 ☒ 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) ☐ 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 ☒ 52.204-13 System for Award Management—Maintenance (Nov 2025) ☐ 52.204-91 Contractor identification (Nov 2025) ☒ 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) ☒ 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Sep 2025) ☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) ☐ 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov 2025) ☒ 52.219-6 Notice of Total Small Business Set-Aside (Nov 2025)

☐ Alternate I (Mar 2020).

☒ 52.219-8 Utilization of Small Business Concerns (Nov 2025) ☐ 52.219-9 Small Business Subcontracting Plan (Nov 2025) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

☐ Alternate III (Nov 2025) of 52.219-9.

☐ Alternate IV (Nov 2025) of 52.219-9

☒ 52.219-14 Limitations on Subcontracting (Nov 2025) ☐ 52.219-16 Liquidated Damages—Subcontracting Plan (Nov 2025) ☐ 52.219-33 Nonmanufacturer Rule (Nov 2025) ☒ 52.222-3 Convict Labor (June 2003) ☒ 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2025) ☒ 52.222-35 Equal Opportunity for Veterans (Nov 2025)

☐ Alternate I (Jul 2014) of 52.222-35 ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025)

☐ Alternate I (Jul 2014) of 52.222-36 ☒ 52.222-37 Employment Reports on Veterans (Nov 2025) ☒ 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010 ☒ 52.222-41 Service Contract Labor Standards (Aug 2018) ☒ 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits Heavy Equipment Operator WG-8 $32.33/hr.

Crew Leader GS-5 $18.96/hr.

Forestry Tech GS-5 $18.96/hr.

Laborer GS-3 or GS-4 $15.10 or $16.95/hr.

☒ 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ☒ 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) ☐ 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) ☐ 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (Nov 2025) ☒ 52.222-54 Employment Eligibility Verification (Nov 2025) ☒ 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) ☒ 52.222-90 Addressing DEI Discrimination by Federal Contractors (Apr 2026) ☐ 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)

☐ Alternate I (May 2008) of 52.223-9 ☐ 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Nov 2025)

☐ 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Nov 2025) ☒ 52.223-23 Sustainable Products and Services ☐ 52.224-3 Privacy Training (Jan 2017)

☐ Alternate I (Jan 2017) of 52.224-3 ☐ 52.225-1 Buy American-Supplies (Nov 2025)

☐ Alternate I (Oct 2022) of 52.225-1 ☐ 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025)

☐ Alternate II (Nov 2025) of 52.225-3.

☐ Alternate III (Nov 2025) of 52.225-3.

☐ Alternate IV (Oct 2022) of 52.225-3

☐ 52.225-5 Trade Agreements (Nov 2023) ☐ 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States (May 2020) ☐ 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct

2016) ☐ 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ☐ 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025) ☒ 52.229-12 Tax on Certain Foreign Procurements ☐ 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services

(Nov 2021) ☐ 52.232-30 Installment Payments for Commercial Products and Commercial Services (Nov 2021) ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) ☐ 52.232-34 Payment by Electronic Funds Transfer—Other Than System for Award Management

(Jul 2013) ☐ 52.232-36 Payment by Third Party (Nov 2025) ☐ 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) ☐ 52.237-3 Continuity of Services (Jan 1991) ☐ 52.240-92 Security Requirements (Nov 2025) ☐ 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025) ☐ 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025)

☐ Alternate I (Apr 2023) of 52.247-64.

☐ Alternate II (Nov 2021) of 52.247-64

Other Applicable Clauses

52.242-14 Suspension of Work (Apr 1984)

Proportional Economic Fuel Price Adjustment of Contract Price(s) Based on a Price Index

(MAY 2026)

(a) To the extent that contract cost increases are provided for by this economic fuel price adjustment clause, the Contractor warrants that the prices in this contract for any option periods do not include any amount to protect against such contingent cost increases.

(b) Definitions.

(1) The cost index, for the purpose of fuel price adjustment under this clause, shall be:

i. Highway Diesel EIA On-Highway Diesel Fuel Price – PADD 1C (Lower Atlantic) https://www.eia.gov/dnav/pet/pet_pri_gnd_dcus_r1z_w.htm Published weekly by the U.S. Energy Information Administration (EIA), dollars per gallon.

ii. Jet-A U.S. Gulf Coast (USGC) Kerosene-Type Jet Fuel Spot Price https://www.eia.gov/dnav/pet/hist/eer_epjk_pf4_rgc_dpgD.htm Published daily by EIA, in dollars per gallon as published.

(2) The Base Index, for the purposes of price adjustment under this clause, shall be the most recent Index published prior to the closing date for receipt of offers, or the due date for receipt of best and final offers if negotiations are held. This Base Index shall remain constant throughout the life of the contract, including all options.

(3) The Adjusting Index shall be the most recent Index published prior to the date of contract adjustment, as specified in paragraph (f).

(c) For purposes of this clause, it will be conclusively presumed that 15 percent (%) of the price of each ton represents the Base Cost of Highway Diesel and 20 percent (%) of the price of each ton represents the Base Cost of Kerosene-Type Jet Fuel and the resulting Base Cost will be the basis upon which adjustment will be made under this clause. This Base Cost will be used in calculating all adjustments to the following line items: 4, 5, 6, 9, 12, 13, 14 and 15. A new Base Cost will be calculated annually based on the newly adjusted year prices. Price adjustments under this clause may result in either an increase or a decrease to the contract or unit price(s), depending on whether the Adjusting Index is higher or lower than the Base Index.

(d) The percentage of the price of the indexed commodity (see paragraph (c)) remains fixed throughout the life of the contract and is not subject to modification under this clause. Any pricing actions pursuant to the “Changes” clause or other clause or provision of the contract, except for this clause, will be priced as though there were no provisions for economic price adjustment.

(e) All price adjustments, whether increases or decreases, shall be applicable only to the specific contract adjustment period to which the calculations are made. For every contract adjustment period, new calculations shall be made and new prices determined, in accordance with the https://www.eia.gov/dnav/pet/pet_pri_gnd_dcus_r1z_w.htm https://www.eia.gov/dnav/pet/hist/eer_epjk_pf4_rgc_dpgD.htm

Adjusting Index. Every adjustment during the Base Year shall be based on the original contract prices for that contract year and every adjustment during an option year shall be based on the original contract prices for that option year. The Contracting Officer must make new calculations for each and every contract adjustment period specified in paragraph (f) and at the beginning of each new option year, if different.

(f) The dates of contract adjustment shall be annually 30 days prior to the start of the declared operating season. The Contracting Officer shall retain a copy of the Base Index in the contract file and, on each date of adjustment specified herein, obtain a copy of the Adjusting Index. The Contracting Officer shall calculate the adjustment due and shall, within 5 business days, issue a unilateral modification to the contract adjusting the contract or unit price(s), in accordance with the Adjusting Index. All adjusted prices shall be rounded to the nearest $0.01. The adjusted contract or unit price(s) shall be effective for all orders placed or services provided after the date of contract adjustment, as specified in this paragraph (f), until the date of the next contract adjustment. If the Contracting Officer fails to act, the Contractor shall, within 30 days of the start of the declared operating season, request a contract adjustment in writing and any subsequent adjustment shall be retroactive to the applicable date of contract adjustment.

(g) An example of an adjustment calculation is provided herein for informational purposes only.

(1) For purposes of this example, assume that a contract is for timber hauling services, that the contract price is $30.00 per ton, that price adjustments will be made on the basis of the cost of diesel, that the cost of diesel represents 15% of the total cost per ton (the Base Cost is 15% of $30 (the per ton price in Line Item X)), and that contract adjustments will be made annually. If the Base Index (the price of diesel the week prior to receipt of bids) is $4.53 per gallon and the price of diesel at the first date of contract adjustment is $5.80 per gallon, the calculations for contract price adjustment would be as follows:

Adjusting Index (most recent Index cost of gasoline as of the date of the first adjustment period) $5.80 per gallon.

Minus the Base Index (Index cost of gasoline as of the date of receipt of offers) −$4.53 per gallon.

Equals increase (or decrease) to the Base Index $1.27

Divide increase (or decrease) to the Base Index by the Base Index

$1.27/ $4.53 = .28 * (28% increase).

Apply fuel fraction adjustment 0.15 * .28 = .04

New Ton Price 30.00 * 1.04 = 31.20 per ton

(2) For the second contract adjustment period, all calculations would be based on the original contract bid price, $4.53 per gallon in this example. If the price of diesel reduced to $4.25 per gallon, the calculations for the second economic price adjustment period would be as follows:

Adjusting Index (most recent Index cost of gasoline as of the date of the second adjustment period) $4.25 per gallon.

Minus the Base Index (Index cost of gasoline as of the date of receipt of offers) −$4.53 per gallon.

Equals increase (or decrease) to Base Index -$0.28

Divide increase (or decrease) to the Base Index by the Base Index

-$0.28 / -$4.53 = -

0.06 (6 % decrease).

Apply fuel fraction adjustment 0.15 *- .06 =- 0.01

New Ton Price

30.00 * -1.01=

29.70 per ton

(h) Price adjustments pursuant to this clause, which shall be made by contract modification issued by the Contracting Officer, shall show the Base Index (see paragraph (b)(1)), the Adjusting Index, the Base Cost (see paragraph (c)), the mathematical calculations used to arrive at the adjusted contract unit price, and the effective date of the adjustment.

(i) In the event that U.S. Energy Information Administration discontinues, or alters substantially, its method of calculating the Index cited herein, the parties shall mutually agree upon an appropriate substitute for determining the price adjustment described herein. If the Index is temporarily unavailable on the date of adjustment, the most recently published value shall be used until the Index resumes. If the Contracting Officer determines that the Index consistently and substantially fails to reflect market conditions, the Contracting Officer may modify the contract to specify use of an appropriate substitute index, effective on the date the Index specified herein begins to consistently and substantially fail to reflect market conditions.

(j) Any dispute arising under this clause shall subject to the “Disputes” clause of the contract.

(End of clause) AGAR Clauses

452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance

(MAY 2026)

(a) By entering into this contract, the Contractor certifies that:

(1) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.

(2) Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution, and the Contractor and any subcontractor or teaming partner will not do so for the duration of the contract.

(b) If the contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to contractor’s compliance with the above requirements and/or eligibility for the contract may subject the contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) The contractor must include the provisions of this clause in all subcontract solicitations.

(g) Failure on the part of the contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.

(End of Clause)

AGAR 452.203-72 Unenforceable Supplier Terms (MAY 2026)

(a) Definitions.

Supplier terms mean provisions customarily drafted by vendors of supplies or services and intended to create a binding legal obligation on the end user. The term applies:

1. Regardless of the format or style of the document. For example, supplier terms may appear in standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order or otherwise become effective after the contract date.

2. Regardless of the media or delivery mechanism used. For example, supplier terms may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) Applicability. When any supply or service acquired under this contract is subject to supplier terms, the supplier terms are deemed part of the contract only to the extent they are consistent with this clause. Supplier terms that conflict with any part of this clause, the contract, or Federal law are void and will not be considered incorporated into a contract, even if they are physically present in a contract documentation or systems. In the event of any inconsistency between supplier terms and this contract, this clause and the terms of the Government contract must govern and supersede any supplier terms in all cases.

(c) Authorization Required. Notwithstanding any other provision, no supplier terms must be binding on the Government unless the term is expressly authorized on the USDA Supplier Terms Authorization Form signed by the Contracting Officer, and the completed Authorization Form has been incorporated into the contract.

(d) Unenforceable Terms. Any supplier terms that impose obligations or restrictions inconsistent with applicable Federal law are unenforceable against the Government and deemed stricken from the agreement. This includes, but is not limited to, any clause that:

1. Requires the Government to pay future fees, penalties, interest, legal costs, early-termination fees, cancellation fees, minimum purchase commitments, true-up payments, seat-count minimums, usage minimums, continued-use charges, or any other financial obligation not expressly authorized by the contract.

2. Requires the Government to indemnify the contractor or any other entity.

3. Restricts the Government’s ability to obtain similar supplies or services from another source.

4. Imposes any penalty, financial or otherwise, based on the Government’s decision not to exercise an option.

5. Subjects the United States Government to the laws of any U.S. state, territory, district, municipality, or foreign nation, except where Federal law expressly permits such application.

6. Requires dispute resolution in a forum or venue other than one prescribed by applicable Federal law.

7. Establishes a period of limitations for bringing an action that differs from that provided by applicable Federal law.

8. Grants the contractor rights to use, mine, access, aggregate, analyze, or otherwise exploit Government data, usage data, or metadata.

9. Deems the Government to have accepted initial or revised terms based on silence, continued performance, or failure to object.

10. Grants the supplier the right to audit Government facilities, systems, records, or use of the product or service, except as expressly authorized by the contract and applicable Federal law.

11. Requires the Government to accept supplier security requirements, network access requirements, monitoring, penetration testing, or other technical or security measures.

12. Permits the supplier to suspend, degrade, or terminate access to products or services based on alleged non-payment, alleged breach, automated security triggers.

13. Limits the Government’s right to use, install, access, test, evaluate, or transfer the licensed product or service in any manner consistent with the contract and Federal law.

14. Requires the Government to store, process, maintain, or transmit data in a particular geographic location, or permits the supplier to transfer Government data outside the United States, except as expressly authorized by applicable Federal law.

15. Authorizes the supplier to use the Government’s name, seal, trademark, logo, or any reference to the Government as an end user or customer for marketing, publicity, promotional activities, press releases, or similar purposes.

16. Incorporates by reference, or requires the Government to accept, terms or conditions imposed by any third party, subcontractor, or upstream service provider, unless such terms are expressly incorporated into the contract by bilateral modification.

17. Limits, conditions, or negates the contractor’s performance obligations, service levels, or remedies through a supplier-provided service level agreement (SLA).

18. Uses Government data, usage data, metadata, prompts, content, or interactions to train, fine-tune, improve, or derive any artificial intelligence, machine learning, or automated decision-making model.

19. Subjects the Government to automated decision-making, automated risk scoring, automated content moderation, or any algorithmic process that may affect access, performance, or rights under the contract.

20. Utilizes artificial intelligence or algorithmic tools that produce decisions, recommendations, or outputs affecting contract performance without providing transparency, explainability, auditability, and bias-mitigation consistent with applicable Federal law and policy.

21. Profiles, tracks, or analyzes Government user behavior, preferences, communications, or interactions for personalization, marketing, or algorithmic optimization purposes.

(e) Non-binding Actions. Neither the Government nor any Government authorized end user is deemed to have consented to any term, condition, or clause by virtue of its inclusion in the supplier agreement or through the use of clickwrap, browsewrap, “I agree” mechanisms, or similar means. Execution of such mechanisms does not bind the Government or its authorized end users to any unenforceable terms.

(f) End user. The supplier agreement must bind the ordering activity as the end user to the extent it does not conflict with the terms of this clause, but it must not bind or impose personal liability on any Government employee or any person acting on behalf of the Government in their personal capacity.

(g) Law and disputes. The supplier agreement is governed by Federal law.

(h) Statutory exception. This clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(i) Continued performance. The supplier or licensor must not unilaterally revoke, terminate, or suspend any rights granted to the Government except as allowed by the contract. If the supplier or licensor believes the ordering activity to be in breach of the supplier agreement, it must pursue its rights under the Contract Disputes Act or other applicable Federal statute while proceeding diligently with performance, pending final resolution of any dispute in accordance with the Disputes Clause at FAR 52.212-4(d) or FAR 52.233-1, as applicable.

(j) Arbitration. Binding arbitration must not be used unless specifically authorized by agency guidance.

(k) Equitable or injunctive relief. Equitable or injunctive relief, including the award of attorney fees, costs, or interest, may be awarded against the United States Government only when explicitly provided by statute (e.g., the Prompt Payment Act or the Equal Access to Justice Act).

(l) Revisions to supplier agreements. Any revisions to the supplier agreement must be incorporated into the contract using a bilateral modification. Unilateral revisions are not binding on the Government.

(m) No automatic renewals. If any license or service tied to periodic payment is provided under the supplier agreement (e.g., annual software maintenance or annual lease term), such license or service must not renew automatically upon expiration of its current term without prior express written consent from an authorized Government representative.

(n) Indemnification. Any clause of the supplier agreement requiring the supplier or licensor to defend or indemnify the end user is amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(o) Taxes or surcharges. Any taxes or surcharges which the supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the associated Government contract or order and must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed otherwise.

(p) Non-assignment. The supplier agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government’s prior approval, except as expressly permitted by FAR 52.212-4(b) or FAR 52.232-23, as applicable.

(q) Confidential information. If the supplier agreement includes a confidentiality clause, such clause is amended to state that neither the agreement nor the contract price list, as applicable, must be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in the supplier agreement to the contrary, the Government may retain any confidential information as required by law, regulation, or its internal document retention procedures for legal, regulatory, or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of the supplier agreement.

(r) Conflict with Federal law. If any other language, provision, or clause of the supplier agreement conflicts or is inconsistent with Federal law or the terms and conditions of this contract, such language, provisions, or clauses will be considered null and void and will not be binding on the United States Government.

452.204–70 Modification for Contract Closeout (APR 2026)

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The Contracting Officer shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) For commercial contracts not exceeding the simplified acquisition procedure threshold under FAR 12.001(c), if more than $1,000 in unliquidated funds remain at closeout, the Contracting Officer will issue a bilateral deobligation modification. Only the modification requires the contractor’s signature, though a Release of Claims may be requested. If the required documents are not returned within 60 days, the Contracting Officer will issue a unilateral modification and proceed with closeout once performance is complete, acceptance is confirmed, and final payment is made.

(c) For all other non-commercial or non–cost-reimbursement contracts, if more than $1,000 in unliquidated funds remain at closeout, the Contracting Officer will issue a bilateral deobligation modification and a Release of Claims, both requiring contractor signature. If these documents are not returned within 120 days, the Contracting Officer will issue a unilateral modification u and proceed with closeout upon completion of performance, acceptance, and final payment.

452.236–70 Emergency Response, Fire Suppression and Liability (MAY 2026)

(a) Contractor’s Responsibility for Responding to Emergencies. When directed by the contracting officer, the Contractor must allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). This is considered to be within the general scope of the contract. A supplemental agreement between both parties, including an exchange of consideration for additional in-scope work, for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.243–4.

(b) Contractor’s Responsibility for Fire Fighting. The contractor, under the provisions of FAR 52.236–9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, must immediately extinguish all fires on the work site other than those fires in use as a part of the work. The contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the contractor or the contractor’s agents, subcontractors, or employees subject to the fire classifications listed in subsection (c).

(c) Fire Suppression Costs. The Contractor’s obligations for cost of fire suppression vary according to three classifications of fires as follows:

1. Operations Fire. An ‘‘operations fire’’ is a fire caused by the Contractor’s operations other than a negligent fire. The Contractor agrees to reimburse the Forest Service for such cost for each operations fire, subject to a maximum dollar amount of $1,000.00 cost of the Contractor’s actions, supplies, and equipment expended or used on suppressing any such fire, or otherwise provided at the request of Forest Service, must be credited toward such maximum. If the Contractor’s actual cost exceeds the contractor’s maximum obligation stated above, the Forest Service must reimburse the contractor for the excess.

2. Negligent Fire. A ‘‘negligent fire’’ is a fire caused by the negligence or fault of the Contractor’s operations including, but not limited to, one caused by smoking by persons engaged in the Contractor’s operations during the course of their employment, or during rest or lunch periods; or if the Contractor’s failure to comply with requirements under this contract results in a fire starting or permits a fire to spread. Damages and the cost of suppressing negligent fires must be borne by the Contractor.

3. Other Fires on Contract Area. The Forest Service must pay the Contractor, at firefighting rates common in the area or at prior agreed rates, for equipment or personnel furnished by the Contractor at the request of the Forest Service, on any fire on the contract area other than an operations fire or a negligent fire.

(d) Contractor’s Responsibility for Notification in Case of Fire. The Contractor must immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(e) Performance by the Contractor. Where the Contractor’s employees, agents, contractors, subcontractors, or their employees or agents perform the Contractor’s operations in connection with fire responsibilities, the Contractor’s obligations must be the same as if performance was by the Contractor.

(f) State Law. The Contractor must not be relieved by the terms of this contract of any liability to the United States for fire suppression costs recovered in an action based on State law, except for such costs resulting from operations fires. Amounts due to the Contractor for firefighting expenditures on operations fires must not be withheld pending settlement of any such claim or action based on State law.

(g) FIRE PRECAUTIONS AND CONTROL

1. Fire Period and Closed Season Specific fire prevention measures are listed below and will be effective for the periods of 2/15 - 5/15 and 10/1-12/15 of each year. The Forest Service may change the dates of said period by advance written notice if justified by unusual weather or other conditions. Required tools and equipment will be kept currently in serviceable condition and immediately available for initial attack on fires.

2. Fire Plan Before starting any operations on the project, the Contractor, Permittee, Licensee, or Purchaser, hereinafter referred to as the "Contractor," will prepare a fire plan in cooperation with the Contracting Officer providing for the prevention and control of fires in the project area. The Contractor will certify compliance with fire protection and suppression requirements before beginning operations during the fire period and closed season, and will update such certification when operations change.

3. Substitute Measures The Contracting Officer may by written notice authorize substitute measures or equipment or may waive specific requirements during periods of low fire danger.

4. Emergency Measures The Forest Service may require emergency measures, including the necessary shutting down of equipment or portions of operations in the project area during periods of fire emergency created by hazardous climatic conditions.

5. Fire Control The Contractor will, independently and in cooperation with the Forest Service, take all reasonable action to prevent and suppress fires in the project area. Independent initial action will be prompt and will include the use of all personnel and equipment available in the project area. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor's operations, the Contractor will place employees and equipment temporarily at the disposal of the Forest Service. Any individual hired by the Forest Service will be employed in accordance with the Interagency Pay Plan for Emergency Firefighters. The Forest Service will compensate the Contractor for equipment rented at fire fighting equipment rates common in the area, or at prior agreed to rates.

6. Compliance with State Forest Laws Listing of specific fire precautionary measures herein is not intended to relieve the Contractor in any way from compliance with the State Fire Laws covering fire prevention and suppression equipment, applicable to operations under this contract, permit or license.

7. Fire Precautions When the Forest Service advises the Contractor that local fire weather conditions are becoming critical, the Contrator will keep with gasoline chain saws at all times a shovel and take precautinary measures requested by the Forest Service.

(End of Clause)

Solicitation Information

AWARD TYPE

It is anticipated that a Firm-Fixed Price with Economic Price Adjustment will be awarded as a result of this synopsis/solicitation.

The Government intends to make one award from this solicitation. Therefore, to be considered responsive, contractors must submit pricing for all items. However, the Government reserves the right to make more than one award (multiple awards) for different line items. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

POST AWARD CONFERENCE

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at Nantahala Ranger District, 90 Sloan Road, Franklin, NC.

COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

The Contractor will be required to (a) commence work under this contract within 10 calendar days after receipt of Notice to Proceed for specified work items, (b) prosecute the work diligently, and (c) complete all work no later than 9/13/2028. The time stated for completion will include final cleanup of the premises.

PERIOD OF PERFORMANCE

The period of performance of this contract is from date of award through 9/13/2028.

SITE VISIT

Offerors/quoters are urged and expected to inspect sites where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event will failure to inspect the site constitute grounds for a claim after contract award.

Evaluation and Basis for Award

FAR 52.212-2 Evaluation - Commercial Products and Commercial Services (Nov 2025)

(a) Evaluation Factors. 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 will be used to evaluate offers:

The offeror’s proposal will be in the format…