Combined Synopsis Solicitation 1240BF22Q0035 R10 Thinning.pdf

Solicitation Number: 1240BF22Q0035

(i) This is a combined synopsis/solicitation for commercial service 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; proposals are being requested and a written solicitation will not be issued.

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

(iii) The Combined Synopsis/Solicitation number is 1240BF22Q0035 and incorporates provisions and clauses for commercial items in effect through Federal Acquisition Circular (FAC) 2022-04 dated 30 January 2022.

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

115310 – Support Activities for Forestry and the Small Business Size Standard is $8 million; except for $20.5 million for Fuels Management Services.

(v) Schedule of Items/Price Schedule: Pricing will be based on individual task orders.

Fill in: Attached Schedule of Items for each seed project.

(vi) Description of Requirement: Thinning Service for Region 10, Alaska U.S.

Forest Service, Juneau, Alaska 99801. The government intends to award a firm-fixed price Indefinite Delivery/Indefinite Quantity (IDIQ) contract for up to but not to exceed 10 contractors.

List of Attachments

1. PWS 30 pages

2. SCA WD (applies to seed projects) 6 pages

3. Service Area Location Selection 1 page

4. Seed Project 1 Twin Creek 15 pages

5. Seed Project 1 Schedule of Items 1 page

6. Seed Project 2 Midpoint Thinning 25 pages

7. Seed Project 2 Schedule of Items 1 page

8. Seed Project 3 SRD Thinning 11 pages

9. Seed Project 3 Schedule of Items 1 page

10. Seed Project 4 WRD Soda Springs 67 pages

11. Seed Project 4 Schedule of Items 1 page

12. Seed Project 5 Knowles Head Thinning 6 pages

13. Seed Project 5 Schedule of Items 1 page

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location: Delivery/Place of Performance will be multiple locations throughout the Tongass and Chugach National Forest, Alaska and based per task order. The period of Performance for the base IDIQ is: Base Year: Date of Award through XX May 2023 Option Year 1: XX May 2023 through XX May 2024 Option Year 2: XX May 2024 through XX May 2025 Option Year 3: XX May 2025 through XX May 2026 https://www.sba.gov/sites/default/files/2019-08/SBA%20Table%20of%20Size%20Standards_Effective%20Aug%2019%2C%202019.pdf

Option Year 4: XX May 2026 through XX May 2027

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021)

Addenda 52.212-1 Commercial Products and Commercial Services (NOV 2021)

(b) Submission of Offers:

1) In accordance with Federal Acquisition Regulations (FAR) Part 4.11, offerors shall have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/.

2) Offers submitted in response to this solicitation shall include technical capability, recent and relevant past performance, and pricing in their proposal.

FACTOR I - TECHNICAL CAPABILITY – Provide a technical proposal demonstrating your firm’s capability for performing the services required within the R10 performance work statement (PWS) addressing the following criteria:

1. Sub-Factor 1: Submit a Business Capability and Capacity Statement:

a. State which tasks your firm is capable of performing as listed in the R10 PWS Section 2.0 Tasks. Example – thinning, pruning, and/or mechanical thinning etc.

b. State your firm’s capacity to perform services, generally stated as number of acres per calendar year your firm can successfully perform. Note: The government intends to award contracts to responsible offerors for a range of project acreage.

c. Identify in your offer which National Forest, Tongass and/or Chugach, and identify the tasks your firm intends to perform on each National Forest. See Attachment 3 Service Area Location Selection.

2. Sub-Factor 2: Submit a Draft Camping Plan:

a. Address the Camping Plan requirements listed in R10

Performance Work Statement Paragraph 2.12 Camping Plans. State how your firm intends to comply with the Department of Labor workcamp requirements.

FACTOR II – PAST PERFORMANCE. – The Past Performance evaluation will be accomplished by reviewing aspects of an Offeror's recent and relevant Past Performance, focusing on and targeting performance which is relevant to the effort as it directly relates to the work being procured under this solicitation and as defined in Addendum to FAR 52.212-2 Evaluation – Commercial Items.

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

Past Performance information described herein is required on the offeror and all subcontractors, teaming partners, and/or joint venture partners proposed to perform 15% of the proposed effort based on the total proposed price.

a. The offeror shall include documentation regarding their relevant past performance as it directly relates to the work being procured under this solicitation. The offeror SHALL NOT go back any farther than five (5) years for the submitted data. The past performance data shall document a successful history of past contract performance.

b. Relevant Past Performance: To be relevant, the effort must be of similar nature in work, size, magnitude, complexity, scope and with similar ground conditions as those required by this contract.

Proposals shall address your firm’s/crew’s experience with thinning activities located in remote locations where limited services or utilities exist and your firm’s experience working on projects that involve working outdoors for extended periods of time in cool, wet climates similar to those required by this contract.

c. In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the offeror’s Past Performance submission and information obtained from other sources, such as the Past Performance Information Retrieval System (PPIRS) or similar systems, The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov, and commercial sources. Offerors are reminded that both independent data and data provided by offerors in their offers may be used by the Government to evaluate offeror past performance. However, the burden of providing thorough, complete, and current past performance information as requested in this paragraph remains with the offerors. Offers that do not contain the information requested by this paragraph risk receiving an unacceptable performance rating by the Government. The overall past performance evaluation is a subjective decision based on the whole of all data received. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

https://www.cpars.gov/

Submission Requirements. The offeror shall provide documentation outlining the offeror’s past performance with contracts, as a prime or major subcontractor, which is the same or similar in nature, size, and complexity to the services being procured under this Solicitation. The submittal shall include rationale supporting your assertion of relevance and how it was determined that the work performed previously was the same or similar in nature, size, and complexity to the work specified by this solicitation.

FACTOR III - PRICE – Include the completed Schedule of Items for each Seed Project that your company has the capability to perform

Acknowledge any amendments issued on beta.sam.gov for this solicitation by completing and signing the posted SF-30.

The Government reserves the right to require the submission of Other Than Certified Cost or Pricing Data as is deemed necessary to arrive at a fair and reasonable price.

3) Address questions about this solicitation to Raymond.Padgett@usda.gov, John.wright2@usda.gov, and Cynthia.Horwitz@usda.gov. All questions shall be submitted no later than 1200 Alaska Standard Time – April 27th, 2022.

(End of Provision)

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

The government intends to award a firm-fixed price multiple award Indefinite Delivery/Indefinite Quantity (IDIQ) contract resulting from this solicitation to the responsible offerors 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:

(a) Factors.

1. FACTOR I – Technical Capability

a. Sub-Factor 1: Business Capability and Capacity Statement

b. Sub-Factor 2: Camping Plans

2. FACTOR II – Past Performance

3. FACTOR III – Price

(b) 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.

mailto:Raymond.Padgett@usda.gov mailto:John.wright2@usda.gov mailto:Cynthia.Horwitz@usda.gov

ADDENDUM to 52.212-2 Commercial Items

1. BASIS FOR AWARD AND EVALUATION CRITERIA

A. BASIS FOR CONTRACT AWARD

(1) This is a most advantageous source selection conducted in accordance with Federal Acquisition Regulation (FAR) PART 12, Acquisition of Commercial Items. Award will be made to multiple offerors who are deemed responsible in accordance with the FAR, whose offer conforms to the solicitation requirements, and whose offer, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, is the most advantageous to the Government.

(2) The government reserves the right to conduct a price realism analysis at any point during the evaluation process. The Government will evaluate prices for reasonableness using adequate competition and price analysis techniques.

2. AWARD FOR WORK. The Government intends to award up to ten (10) firm-fixed price multiple award Indefinite Delivery/Indefinite Quantity (IDIQ) contracts as a result of this solicitation. Offerors are encouraged to provide offers on attached seed projects that they can perform or could perform. Offers are not required on seed projects that contractors do not believe they can perform or is a greater magnitude than their business can successfully accomplish. The Government will award a variety of task orders with varying magnitudes of work. The Government intends to award to various small business vendors sizes to match the required work. It is not the Governments intent to award an IDIQ or Task Orders to small businesses that would cause undue hardships.

3. EVALUATION CRITERIA.

a. Evaluation criteria consist of factors and sub-factors. The offers will be evaluated under three evaluation factors and three sub-factors.

2. FACTOR I – GENERAL/TECHINCAL CAPABILITY

a. Sub-Factor 1: Business Capability and Capacity Statement

b. Sub-Factor 2: Camping Plans

3. FACTOR II - PAST PERFORMANCE

4. FACTOR III - PRICE

b. FACTOR I – TECHNICAL CAPABILITY. The Government will evaluate the degree to which your offer demonstrates capability to perform services required by the Performance Work Statement (PWS); including the following criteria:

A. Sub-Factor 1: Business Capability and Capacity Statement:

- To be determined acceptable the offeror shall:

I. State which tasks your firm is capable of performing as listed in the R10 Performance Work Statement Section

2.0 Tasks. Example – thinning, pruning, and/or

mechanical thinning etc.

II. State your firm’s capacity to perform services, generally stated as number of acres per calendar year your firm can successfully perform. Note: The government intends to award contracts to responsible offerors for a range of project acreage.

III. Identify which National Forest and which tasks your firm intends to provide on each National Forest.

B. Sub-Factor 2: Draft Camping Plan - To be determined acceptable the offeror shall:

I. Address the Camping Plan requirements listed in R10

Performance Work Statement Paragraph 2.12. State how your firm intends to comply with the Department of Labor workcamp requirements.

Each general/technical capability sub-factor will receive one of the adjectival ratings defined below. To receive an acceptable rating for this factor, all sub-factors must be rated acceptable.

Table A-1. Technically Acceptable/Unacceptable Ratings

Rating Description

Acceptable Offer clearly meets the minimum requirements of the solicitation.

Unacceptable Offer does not clearly meet the minimum requirements of the solicitation.

c. FACTOR II - PAST PERFORMANCE. The Past Performance evaluation will assess the relative risks associated with an offeror’s likelihood of success in performing the solicitation’s requirements as indicated by that offeror’s record of past performance. Performance risk is assessed at the factor level after evaluating aspects of the offeror’s recent past performance and focusing on performance that is relevant to the services being procured under this solicitation.

Past performance areas of evaluation include:

Quality of Service Timeliness of Performance

Business Practices Customer Satisfaction Personnel Experience working in remote locations, this may include locations not on a road system

(1) Recency Assessment. An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past five (5) years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

(2) Relevancy Assessment. To be relevant, the effort must be of similar nature in work, size, magnitude, complexity and scope. The Government will conduct an in-depth evaluation of all recent performance information obtained to determine if it is the same or similar in nature, size, and complexity to the services/products being procured under this solicitation.

(3) Offers Past Performance submission shall include:

a. Points of contact to include contact information

b. Contract number if applicable

c. Public or private entity contract type

d. Date/Period of performance

(3) Assigning Ratings. The Past Performance Factor will be assigned one of the ratings defined below. An award will not be made to any offeror who receives an “Unacceptable” past performance rating.

(4) Offerors without a record of relevant past performance or for whom

Table A-2. Relevant Past Performance Evaluation Ratings Rating Description Acceptable Based on the offeror’s performance record, the

Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, will not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

d. FACTOR III - PRICE. Price is not formally scored but is the primary evaluation factor for determining award. The government expects competitive offers to be submitted for this procurement and will use these competitive offers to determine price reasonableness. If competitive offers are not received, the Government reserves the right to utilize other methods identified in the FAR to determine price reasonableness.

(1) Completeness. Each offeror is required to provide complete pricing for each contract line identified in the Seed Project selected by the offeror to be considered for award.

(2) The Government will evaluate the option contained in contained in clause 52.217-8 – Option to Extend Services by extending the most recent pricing from the last Task Order issued from the final Ordering Period of the Base Contract. Evaluation of this option shall not obligate the Government to exercise this option. The offeror shall not include pricing for this option period on their offer.

Definitions.

Reasonableness. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

Completeness/Accuracy. The offeror is in compliance with the Schedule of Items contained within the solicitation.

(End of Provision)

The following clauses and provisions apply to this acquisition:

This acquisition incorporates one or more clauses and provisions 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:

• http://acquisition.gov/comp/far/index.html.

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

Addenda to 52.212-4:

http://acquisition.gov/comp/far/index.html

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; 41 U.S.C 4712 and 10 U.S.C 2409 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.

(End of clause)

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (JAN 2022)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

_X_ (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).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

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

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

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

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

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

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

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

_X_ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C.

644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Nov 202) (15 U.S.C. 644).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

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

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

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

4212).

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

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

4212).

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

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C.

chapter 78 and E.O. 13627).

_X_ (36) 52.222-54, Employment Eligibility Verification (Nov 2021). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

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

_X_ (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).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018)(31 U.S.C. 3332).

_X_ (60) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION APR 2020) (31 U.S.C. 3903 and 10 U.S.C. 2307).

(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 orExecutive orders applicable to acquisitions of commercial items:

_X_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C.

chapter67).

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

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

08130 FORESTRY EQUIPMENT

OPERATOR

WG-6, Step 2 - $27.13 + Fringe Benefits

08160 FORESTRY/LOGGING

HEAVY EQUIPMENT OPERATOR

WG-8, Step 2 - $31.22 + Fringe Benefits

08010 BRUSH/PRECOMMERCIAL

THINNER

GS-4, Step 2 - $18.87 + Fringe Benefits http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

_X_ (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).

_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

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

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

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) 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 (May2014) (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.

(End of clause)

(xiii) Additional Requirements/Terms and Conditions:

FAR and AGAR Clauses:

Clauses Incorporated by reference:

52.203-3 Gratuities (APR 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 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)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) (DEVIATION APR 2020) (31 USC 3903 and 10

USC 2307)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.242-13 Bankruptcy (July 1995) 52.246-4 Inspection of Services-Fixed-Price (Aug 1996)

Clauses by Full text

52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award until last date of award ordering period.

(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 $2,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

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

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

(3) A series of orders from the same ordering office within 30 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 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity (Oct 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the performance of all service requirements on all orders outstanding at the end of the last ordering period of the contract.

(End of clause)

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

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.

(End of clause)

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 5 days.

(End of clause)

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 60 months.

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) mailto:Alfort.belin@usda.gov https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

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 authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

452.216-73 Minimum and Maximum Contract Amounts (FEB 1988) During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $2,500.00, but not in excess of $30,000,000.00 aggregate for all.

(End of clause)

452.222-71 Past Performance Labor Law Violations (OCT 2021) In submitting this offer, the offeror (prospective contractor) certifies to the best of the offeror’s knowledge and belief, that they, and any subcontractor at any tier, are in compliance with all previously required corrective actions for adjudicated labor law violations (see applicable labor laws in 452.222.70).

Prior to receiving an award, a contractor shall provide a list of the specific violations of the legal requirements listed above, if any, and be given an opportunity to disclose any steps taken to correct the violations of, or improve compliance with, such legal requirements. The contracting officer in coordination with their Mission Area senior contracting official will consider any information provided and determine whether a contractor is a responsible source that has a satisfactory record of integrity and business ethics. The contracting officer shall ensure that contractors update the information provided every 6 months and that they require their subcontractors to update them on the aforementioned information every 6 months.

The contractor and any subcontractors shall incorporate into lower tier subcontracts a requirement that the information described above be provided to the contractor.

(End of clause)

452.236-73 Archaeological or Historic Sites (FEB 1988) If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

ADDENDUM to 452.236-74 :

1. If the contractor maintains storage facilities for oil and oil products on the project area, the contractor shall take appropriate preventive measures to insure, that any spill does not contaminate soils or enter any streams or other waters.

Tarps and absorbent pads shall be utilized at fuel storage areas to capture minor spills in areas where transfer of oil products from container to container is commonplace.

2. The Contractor shall notify appropriate agencies, including

Contracting Officer, of all reportable (40 CFR 110) spills of oil or oil products on or in the vicinity of the contract area that are caused by the Contractor’s workers. The Contractor will take whatever initial action may be safely accomplished to contain all spills.

3. Any used motor oils, fuels, lubricants and absorbent pads shall be collected, removed from National Forest Lands and properly deposed of at an approved facility.

4. Contractor shall not refuel equipment near sources of waterbodies. Contractor shall not store, maintain, or repair fuel-containing equipment within a waterbody or its floodplain.

452.236-77 Emergency Response (NOV 1996)

(a) Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work.

(2) 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 or employees.

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

(c) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to fire fighting). An equitable adjustment for the temporary use of employees and equipment will be made under the Changes clause, FAR 52.243-4.

(End of clause)

452.236-78 Fire Suppression and Liability.

(a) Contractor's Responsibility for Fire Fighting. The Contractor, under the provisions of FAR clause at 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, shall 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 or employees subject to the following fire classifications listed in subsection (b).

(b) 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 Forest Service for such cost for each operations fire, subject to a maximum dollar amount of [Contracting Officer insert amount]. The cost of the Contractor's actions, supplies, and equipment on any such fire, or otherwise provided at the request of Forest Service, shall be credited toward such maximum. If the Contractor's actual cost exceeds contractor's obligation stated above, Forest Service shall 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 shall be borne by the Contractor.

(3) Other Fires on Contract Area. Forest Service shall 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 Forest Service, on any fire on contract area other than an operations fire or a negligent fire.

(c) Contractor's Responsibility for Notification in Case of Fire. The

Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

(d) Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall temporarily redirect 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. An equitable adjustment for any such redirection of employees and equipment will be made under the FAR clause at 52.243-4, Changes.

(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 shall be the same as if performance was by Contractor.

(f) State Law. The Contractor shall 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 shall not be withheld pending settlement of any such claim or action based on State law.

(End of Clause)

Employment of Eligible Workers - Workforce Certification Contractors are required to provide certification under this solicitation in compliance with the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) and Farm Labor Contractor (FLC) Certificate of Registration requirements describing the workforce they will utilize to fulfill the contract requirements under this solicitation and any resulting contract. If the Contractor will supply workers under the H-2B Program, the Contractor is required to provide a copy of the Temporary Employment Certificate issued by DOL.

Subcontractors are bound by the same requirements for licenses and permits under this contract. If a Prime Contractor identifies a Subcontractor as part of their workforce to accomplish the work under this solicitation, the Prime Contractor shall submit the Subcontractor's signed certification with their response to the solicitation.

H-2B Workers: (http://www.foreignlaborcert.doleta.gov/)

Company certifies it will not be utilizing H2B Workers under any resulting contract of this solicitation.

Company will be utilizing H2B Workers (under any resulting contract of this solicitation. Provide a copy of Temporary Employment Certificate.)

MSPA Workers: (http://www.dol.gov/whd/mspa/)

Company certifies it will not be utilizing MSPA workers under any resulting contract of this solicitation.

Certifies has valid FLC certificate of registration. (Attach a copy of current certification.) Authorization includes:

Transporting workers Driving Housing workers http://www.foreignlaborcert.doleta.gov/ http://www.dol.gov/whd/mspa/

Company has applied for a Certificate of Registration on Contractors not currently having obtained a certificate (for each partner, if partnership) will be requested to furnish proof of having obtained a Certificate of Registration prior to award of contract. If the contractor does not provide the required Certificate in a reasonable timeframe, the contractor will not be eligible for the contract award. Partnerships must furnish proof of registration of their assumed business name, if any, with the State of registration.

State of ______________ No.______________ Information about licensing requirements and procedures may be obtained from the following:

I, on behalf of said Company, certify to the above responses.

SIGNATURE: DATE:

PRINTED NAME: TITLE:

(End of Instruction)

Task Orders/Calls – Request for Quote (RFQ) Procedures

a) A Task Order is a contractual instrument issued by an authorized and warranted government Contracting Officer to order work for the government.

b) As the need exists for performance under the terms of this IDIQ Contract any warranted Forest Service Contracting Officer may solicit quotes and issues task orders/calls against this contract.

c) Additional specifications may be provided with each RFQ.

d) RFQs will be transmitted via e-mail.

e) RFQs may include evaluation criteria (ie: past performance,…