Combined Synopsis Solicitation 127EAT23Q0011 FY23 Sawmill Liebre Integrated Fuels.pdf

Solicitation Number: 127EAT23Q0011

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule

Schedule of Items

Project Description: FY23 Sawmill Liebre Integrated Fuels

Item Supplies/Services Qty Unit of Issue Unit Price Total Price

0001 Thin, Prune, Reduce

Brush Canopy; 16-person crew for 24.4 weekdays.

96 AC $ $

0002 Additional funding to FY23 Sawmill

LIebre Integrated

Fuels and Forest

Health project, utilizing National

Priority Landscape funding under the

SOCAL Fireshad

Risk Reduction

Strategy.

17 AC $

Total Proposed Price

Schedule Notes:

a) Line items must include shipping to the locations.

b) One (1) award will be made from this solicitation; contractors must submit pricing for all items.

c) Delivery Date will be evaluated based on availability, please provide soonest delivery date.

Description of Requirement

Scope

This contract provides for fuels reduction/modification, fuels removal, timber stand improvement, mistletoe removal and related work on approximately 96 acres in and around Sawmill Campground to be performed in compliance to the contract terms, specifications and provisions. The Contractor shall furnish labor; equipment;

supervision; transportation (including but not limited to mobilization); operating supplies and incidentals (including but not limited to all water and all registered Annosus Root

Disease prevention compound necessary for contract operations).

Treatments for oak trees will include : felling of heavily infested mistletoe trees and bucking of the logs to 2 foot lengths, thinning stump sprouts to 3-4 stems per stump, pruning of entire limbs of trees that are moderately infested, and pruning of mistletoe infested limbs from less infested trees. Retain 40-50% crown length on pruned trees.

Contract Time

Estimate start work date is August 15, 2023. The contract time will be 365 days.

Contract time includes delays for weather; project activity level restrictions; all applicable wildlife limited operating periods; locating and transporting supplies and materials; and final cleanup.

General Information

The purpose of the FY23 Sawmill Liebre Integrated Fuels and Forest Health Project is to restore the health and vigor of the natural stands and plantations and reduce the hazardous fuels that contribute to crown fire initiation and sustain crown fire spread. The project is designed to reduce tree density, remove competing vegetation, reduce hazardous fuels, cut heavily mistletoe infested trees, prune mistletoe infected limbs from moderate to low mistletoe infected trees and reduce crown length to promote forest health and reduce tree mortality from bark beetles and wildfire. Live trees shall be thinned from below; live and dead brush shall be cut from around residual trees, residual trees shall be pruned (crown lift). Brush canopy will be reduced chipping and piling of slash. Standing dead or dying trees will be cut limbed and bucked up. Downed dead trees will be limbed and bucked up.

Unit boundary is not marked. A geo-referenced pdf map, with the contract boundary, will be provided by the Forest Service for the contractor to use.

There is a “Limited Operating Period” for this project. No activity to take place from

February 1st through August 15th unless surveys show that the Spotted Owl Protected

Area Centers (PACS) are unoccupied at the time work activity.

Riparian Conservation Areas (RCA) may be identified with orange flagging. No manual or mechanical activity will take place within 300 feet from a streambank on either side of a perennial stream or 100 feet from the streambank on either side of an intermittent stream.

Avoid and protect any cultural sites. These sites will be identified with orange flagging.

Other “Control Areas” will be identified with orange flagging.

Mechanized equipment including but not limited to tractors, masticators or power shears will be limited to slopes less than or equal to 30%. Mastication shall not expose more than 50% of soils and do not operate equipment on wet soils. If equipment use results in rutting of 4 inches or more, work shall be postponed until soil moisture decreases or appropriate measures have been established to accommodate equipment use. The

Contractor shall apply Annosus Root Disease control chemical to all freshly cut conifer stumps (alive or dead trees). Application shall occur within 4 hours of cutting. The

Contractor will have applied root disease chemicals to all cut conifer stumps before they exit the contract area each work day. The Contractor will add a blue dye to the chemical mix to identify stumps that have been treated. The Contractor shall adhere to all County, State, and Federal laws and regulations regarding this pesticide. This includes label directions and restrictions for application, handling storage, transportation and employee safety. The Contractor shall submit all required Use Reports to all appropriate agencies within required time frames and to USFS within 2 weeks after final inspection.

Mechanical equipment will not drive on the Pacific Crest Trail (PCT). No mechanical equipment i.e., masticators etc. will be used within 300 feet on either side of the PCT.

Hand treatments only within the 600-foot buffer. No fuel reduction treatments will occur within the first 100 feet of the trail on either side of trail. Within 100-200 feet on either side of the PCT, no more than 25% of existing brush cover may be removed. Within

200-300 feet on either side of the PCT, no more than 50% of existing brush cover may be removed. Within the 100 – 300 feet buffer from the trail fuels work must be done in a manner that appears natural and even throughout.

All roads and trails will be kept open at all times especially, FS Road 7N32. All debris, slash, trees etc. will be removed from the roadway before the end of each working day.

Appropriate traffic control will be done on roads and trails to facilitate contractor and forest user’s safety and use.

Snag & Mortality Removal

Cut all dead and dying trees less than 16.0 inches DBH except that all dead and dying mistletoe trees will be cut. Consider retention of snags less than 16 inches in DBH outside of 200 buffers around facilities, within 100 foot of road or within 300 feet of the

PCT. Snags larger than 16.0 inches are to be left standing except within 100 feet of both sides of designated roads (paved or not) within 200 feet of structures or facilities and 300 feet either side of the PCT. Hazard trees cut within 300 feet on either side of the PCT should be left limbed only without blocking the trail. Felled standing dead trees with no needles left on the limbs will be limbed and bucked into 20-foot sections. Downed dead trees will be limbed and bucked into 20 foot lengths. Fell dead and dying tress still retaining their needles (usually orange in color) and buck them up in 2 foot lengths. Slash to be treated as stipulated under the heading Slash Treatments.

Oak Tree Removal

Heavily Infested Trees – In some cases the entire tree may need to be removed if they are infested with mistletoe to the point that they can be considered a hazard tree or if they are infested with secondary pests such as golden oak scale insects or bark beetles that can spread to other weakened trees in the vicinity. A tree would be considered a hazard tree if the infestation is large enough that the limbs could not be removed safely individually or if the tree is dead and poses a fire hazard.

Down logs shall be left for wildlife habitat not to exceed 120 lineal feet of largest available on site. Priority shall be given to existing partially buried down logs. Within 20 feet of roads and trails additional down logs shall be left in numbers and locations approved by the Contracting Officer, to restrict motor vehicle access. Retain a minimum of 10-15 hard snags per 5 acres (minimum 16 inches DBH and 40 foot tall), except in fuel breaks or where there is a safety concern and 6 down logs per acre (minimum 12 inches

DBH and 20 foot long). Snags with wildlife cavities or nests and trees that serve as acorn storage will be retained over snags lacking wildlife activity.

Small Diameter Thinning

Trees less than 20 inches DBH will be thinned from below to a 20 x 20 foot spacing between the boles of dominant and co-dominant individuals or clumps of trees. Residual basal area after thinning will be 80-100 sq. ft. /acre. Within the project area trees less than

20.0 inches DBH that are at least 3 feet tall shall be thinned. No trees larger than 20.0 inches in diameter, (DBH) will be cut. The residual stand shall have an average spacing between boles of individual and/or clumps of trees of 20 feet. Oak stump sprouts will be thinned to 3-4 stems per stump or clump. Smaller diameter stems will be removed over larger diameter stems.

Where clumps are retained, spacing between adjacent clumps shall be a minimum of 20 feet so that the crowns of adjacent clumps are separated by at least 10 feet. Retained tree clumps shall be a maximum size of 1/20th acre (circle with a radius of 26 feet). Within clumps, bole spacing shall average 8 to 10 feet; overtopped trees shall be removed from dripline of retained trees.

Leave tree species preference shall be as follows: big-cone Douglas fir, ponderosa pine, Coulter pine, grey pine, single leaf pinyon, black oak, coast live oak, blue oak, Oregon white oak, valley oak, and canyon live oak and scrub oak with primary stem DBH greater than 8 inches, incense cedar, Arizona cypress, and knobcone pine. Residual trees, when available, shall have crown ratios that average 50% or greater; be in the dominant and co-dominant crown classes; have good crown and bole form; and have no obvious insect, disease, or mechanical injury. Retained oak trees shall have up to three of the largest primary stems left uncut per retained plant. See Attachment A to this solicitation for further tree selection specifications.

Maximum stump height of the thinned trees shall no greater than 6 inches. Conifer stumps will be left a horizontally flat as possible with no hinges or wood pieces to facilitate proper placement of Annosus rot disease prevention chemicals.

Retain a minimum of 5 oaks 12 inches DBH or greater per acre. Retain trees in clumps and leave those that appear to have high acorn production. Retain a natural appearance where possible with residual or leave trees in random patterns with occasional clumps of

3-4 trees per clump. Any trees supporting bird nests and nesting cavities will be left intact.

A sample mark or marks, and additional clarification may be provided by the Forest

Service if requested.

Pruning

The lower branches of all residual trees except oaks infested with mistletoe, taller than

20 feet shall be pruned at the bole or main stem to a height of 10 feet. All retained oak species taller than 20 feet shall have all the primary uncut stems pruned to a height of

10 feet. All residual trees less than 20 feet tall shall be pruned to a height no greater than 40-50% of the tree height. Treatment objective is to have generally a 10 foot pruning height.

Low hanging, sweeping branches less than ten feet above ground level and connected to the primary tree bole above ten feet shall be cut at an average height of ten feet above ground level. This usually is necessary on trees such as oak species with low sweeping branches.

Tree branches will be pruned to within ¼ of an inch of the bole. Branches will not be flush cut to the bole.

Treatments on black oaks, coats live oak, and canyon live oak will include pruning of entire limbs of trees that are moderately infested and pruning mistletoe shoots from less infested trees. In each treatment leave 40-50% crown length after pruning mistletoe from the black oaks.

Pruning of mistletoe plants from branches: This treatment will be implemented only on branches have isolated mistletoe clumps or are lightly infested i.e. have only one or two clumps of mistletoe. Mistletoe will be cut flush with the branch without damaging the tree. The contractor will ensure that any portion of the mistletoe parasite does not fall on understory branches that are not infested.

Pruning of mistletoe infected branches: This treatment will be implemented on branches that are moderately infested i.e. contains three or more clumps of mistletoe or where mistletoe is located near the main trunk of the tree, within 18 inches or less from the bole. Tree branches will be removed with standard three-point methods, back to a junction with a lrage branch without injuring or removing the branch collar.

Brush Cutting

The live and dead brush cover shall be reduced to an average of 25 - 45 %. The 25 - 45

% brush cover will be located randomly over the entire project area and not clumped into one spot. The distance between residual brush islands will be at least 100 feet between islands. A buffer 30-40 feet wide of standing brush or combined vegetation will be left at each access point to block access to illegal OHV use and to enhance the visual aesthetics along the roadside

Live and dead shrubs shall be cut and removed from the area beneath the dripline of all residual trees and tree clumps to a distance of 10 foot from the dripline. All brush cut shall be cut below the lowest live branch and have a stump height not greater than 4 inches above ground level or above obstacles.

Mastication will only occur on slopes less than 30% and will be only used with brush species. Trees species including oaks and conifers will not be masticated. Masticated material will be retained on site. Depth of masticated material will not exceed six inches from mineral soil. All tree form oaks will be retained. Mastication shall not expose more than 50% of soils. Mastication (other mechanical treatments) will be done to leave a staub height of 3-6 inches. Do not operate equipment on wet soils. If equipment use results in rutting of 4 inches or more, work will be postponed until soil moisture decreases or appropriate measures have been established to accommodate equipment use.

Willows and other riparian (streamside) vegetation shall not be thinned or pruned, unless, required for safe operations and approved by the Contracting Officer. Shrubs and brush will include those species of Quercus (oaks) that are 3 inches or less in diameter.

Preference of retention of shrub species will be oak, sage, ceanothus species, and manzanita over chamise and other chaparral species.

Shrub/brush treatments will maintain free-form shapes and edges that replicate natural patterns in the surrounding landscape; avoid straight lines.

Slash Treatment

All slash (created and existing slash), including logs, dead brush, and other woody debris less than 3.0 inches in diameter or less within 100 feet of the edge of a road and located on slopes less than or equal to 30% resulting from thinning, pruning, brush clearing, and dead tree removal activity shall be chipped, shredded, mulched, masticated or removed.

All slash (created and existing slash) less than 3.0 inches or less in diameter located on slopes greater than 30% will be piled. Piles shall be a minimum size of 6 feet in height and 6 feet in diameter and a maximum size of 8 feet in height and 8 feet in diameter. All material protruding beyond thirty (30) inches from the pile shall be severed and placed back into the pile. Piling shall be conducted in such a manner that soils are not moved in the process and that sufficient duff and effective ground cover is left over a minimum of

50 percent of the area. Forest Service will burn the piles. Slash piles will not contain material greater than 3 inches in diameter, this to be lopped and scattered.

Residual chipped vegetative debris resulting from Contractor’s operations shall lie flat on the ground and not exceed an average of 6 inches in depth. Individual pieces of vegetative debris shall not exceed 2.0 inches in diameter and 4.0 feet in length and shall lie flat. No chipped material shall accumulate against boles or beneath the dripline of residual trees. Chip depth shall not exceed an average of 6 inches in depth in the unit or on landings.

All slash, shrubs, cut and downed trees over 3 inches in diameter shall be lopped and bucked to a 2-foot length and spread apart except for felled dead and dying trees and hazard trees within 300 feet of either side of the PCT. No piling of this material shall take place. Downed trees shall not stay across each other. They must be separated, lopped and bucked and spread out.

Contractor's operations shall not unnecessarily damage retained and residual trees.

Rock outcrops will be left undisturbed and intact except where modification is essential to meet treatment levels.

Special Provisions

Quality Control

The Contractor shall conduct inspections in accordance with the Quality Control Plan provided to the Contracting Officer. The Quality Control Plan shall be approved by the

Contracting Officer prior to the start of work. The Contracting Officer may implement quality control measures in additional to those provided by the Contractor.

Acceptance

The Contracting Officer will accept only completed work for evaluation. When notified by the Contractor of completed of work, such work will be evaluated for quality against the specification of this task order. The evaluation will include, but is not limited to a review of the quality control measures performed by the Contractor. Additional measures may be implemented by the Contracting Officer including, but not limited to, a

2 percent sample of the completed work using either a plot or transect sampling system.

Only work described by the Contractor as completed will be evaluated.

Work is deemed acceptable when final Contracting Officer inspection indicates at least

90% quality achievement of the task order specifications described Section C.

Transportation

Use of any roads, routes or temporary roads by the Contractor under the terms of this task order shall be subject to approval by the Contracting Officer; such approval shall be obtained by the Contractor prior to opening and/or use. When Contractor operations occur adjacent to or on roads and trails open to public travel, a project specific Traffic

Control Plan shall be agreed to by the Contractor and the Contracting Officer prior to commencing operations.

All roads and trails will be kept clear from slash, trees, bucked pieces, chips, slash piles and debris. The roads and trails will be cleared of this material before contract personnel leave the project area each day.

Resource Protection Standards

Resource protection measures shall be implemented by the Contractor to protect soils from impacts of erosion, compaction and loss of productivity. Existing soil cover shall be left intact whenever possible; disturbance to the duff layer shall be minimized. As determined by the Contracting Officer, equipment shall not operate when ground conditions are such that excessive soil damage will occur. The Contractor’s activities shall be conducted in a manner to retain the natural ground contour; any mounding of soil material shall be returned to the natural contour. A minimum of 80% of the activity area shall be left in a non-compacted, non-puddled, and/or non-displaced condition.

All landings, skid trails and temporary roads shall be approved by the Contracting Officer prior to installation and/or use. After use, unless otherwise directed by the Contracting

Officer, all landings, skid trails and temporary roads shall be sub-soiled; water barred and covered with vegetative material including but not limited to slash, chips, cut brush and logs; and closed to vehicle access.

Contractor operations shall be conducted in a manner to prevent debris entering stream courses. The Contractor shall remove debris caused to enter a stream courses that may adversely affect the natural stream flow, water quality, or fishery resource as determined by the Contracting Officer as soon as practicable, but not to exceed 48 hours, in a manner determined by the Contracting Officer. The locations and method of all equipment water course crossing shall require prior approval by the Contracting Officer. Wheeled and /or track laying equipment shall not be operate in water courses except at locations and for reasons approved by the Contracting Officer. National Forest water sources may only be used if approved by the Contracting Officer.

Erosion control measures shall be implemented on all roads, skid trails, landings and temporary roads as directed by the Contracting Officer. Measures shall include but are not limited water barring, placement of slash and/or chips, re-contouring, out-sloping and effectively blocking vehicle access. Erosion control measures shall be in place before seasonal periods of precipitation, run-off and prior to all National Weather Service predicted storm events with a greater than 30% chance of precipitation. Water bar size, configuration and locations shall be specified by the Contracting Officer.

The Contractor shall conduct all contract related activities a manner to prevent damage to other resources which includes but is not limited to the following:

Land survey monuments bearing trees, utility poles and lines and underground facilities, water lines, gas lines, ditches, fences, research equipment, gates, traffic counters and animal traps.

The locations of protected and sensitive plant and animal species and their habitat which is located on the task order maps or which may be discovered after contract award.

Historic or prehistoric sites, buildings, objects or properties located on task order maps or discovered after contract award.

Control areas located on the task order maps and/or flagged with orange flagging indicate areas with specific treatment limitations, generally equipment shall be excluded and/or contract activities modified. Discovery of any area or object of a suspected control resource shall be immediately reported to the Contracting Officer.

Noxious Weeds

The spread of noxious weeds will be controlled by the Contractor in the following manner:

The Contractor shall ensure that all off-road equipment is free of soil, seeds, vegetative matter or other debris that could contain of hold plant seeds.

The Contractor shall certify in writing to the Contracting Officer that off-road equipment is free of noxious weeds prior to each start-up of operations and for subsequent moves of equipment to the project area.

The Contractor shall clean off-road equipment prior to moving between units on this project.

The Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment will be considered free of soil, seeds and other such debris when a visual inspection discloses no such material.

The Contractor shall notify the Contracting Officer at least 5 days prior to moving each piece of off-road equipment into the project area; notification shall include the most recent location of the equipment to be moved. The Contracting Officer may require that the Contractor’s equipment be presented for inspection before being placed in service.

The Contractor’s equipment may be cleaned on the National Forest subject to Contracting

Officer approval.

New infestations of noxious weeds shall be promptly reported to the Contracting Officer.

Pollution Control

The Contractor shall prepare and implement a Spill Prevention and Countermeasures

(SPCP) Plan when total oil and oil products storage exceeds 1320 gallons in containers of

55 gallon or greater. The SPCP shall meet applicable EPA and State requirements and be certified by a registered professional engineer. The Contractor shall immediately take action to contain and cleanup, without expense to the Government, all petroleum products spills caused directly or indirectly by the Contractor or Contractor’s employees. The

Contractor shall be liable for all damages and costs deemed necessary by the Government for the spill containment and cleanup.

The Contractor shall notify the Contracting Officer of any hazardous substances used on the project area and shall have Material Safety Data Sheets available for those materials.

All such materials shall be labeled in accordance with Federal and State regulations. The

Contractor shall maintain a Hazardous Substance Plan. The plan shall include, but is not limited to, hazardous substances to be used in the project area and the identification of the

Contractor Representative responsible for supervising initial containment action for releases and subsequent cleanup.

The Contractor shall notify appropriate agencies, including the Contracting Officer of all spills, leaks or other releases of hazardous materials including petroleum products on or in the vicinity of National Forest land caused directly or indirectly by the Contractor or

Contractor’s employees.

The Contractor shall maintain all equipment operating on the project area in good repair and free of leakage of lubricants, fuel, coolant and hydraulic fluid. The Contractor shall properly transport and dispose of all contaminated soil, vegetation, debris, oil filters, oily rags and waste oil in accordance with local, State and Federal regulations. Disposal of any such contaminated material on the National Forest is prohibited. The Contractor shall take effective measures to prevent all leaking or spilled petroleum based products from stationary equipment and equipment being serviced.

Plan of Operations

Upon Contracting Officer request and no later than the pre-work conference, the

Contractor shall submit a Plan of Operations related to the specification on this task order including but not limited to the equipment type and size; labor forces; ingress and egress;

start date; planned rates of accomplishment; and other details related to the Contractor operations that may be requested by the Contracting Officer.

Pre-work Conference

Prior to commencement of work, the Contractor shall meet with the Contracting Officer to discuss contract terms, work performance requirements and work progress schedules.

Also at this meeting such things as sanitation, camping requirements, fire prevention and suppression plans will be developed. The meeting will be held at a time and place determined by the Contracting Officer.

Camping

Under the terms of this Contract, camping is not permitted in Forest Service

Campgrounds. The Contractor [(x) may ( ) shall not] be permitted to camp elsewhere on the National Forest. Camping on the National Forest is not a right; and shall be subject to approval by the Contracting Officer.

Wet Weather Operations

Contractor operations may be conducted outside the Normal Operating Season subject to certain requirements and Contracting Officer approval. The wet weather /winter season normally begins approximately November 1st and ends approximately May 1st.

Fire Plan and Project Activity Levels

The Contractor operations under the terms and conditions of this contract/task order shall comply with the Fire Plan attached to and made a part of this task order. The Fire Plan shall be accepted by the Contractor and is subject to approval by the Contracting Officer prior to commencing any operations. The Fire Plan shall be reviewed not less than annually by the Contractor and the Contracting Officer.

SECTION C - CONTRACT CLAUSES

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

Services (NOV 2021) (Provision)

Addenda to provision 52.212-1:

Offerors shall submit the following:

1) Completed/Signed SF-1449 blocks 17a, 30a, 30b, and 30c.

2) Description of product offered to include:

• Make, model of product, technical specifications, and any product literature

• Name of manufacturer, producer, or distributor of the item and complete address.

3) Price Proposal – Include the following: 1) completed price schedule from section B of this solicitation, 2) Acknowledge any amendments issued on beta.sam.gov for this solicitation by completing and signing the posted SF-30.

4) Representations and Certifications – Beginning on page, fill in and/or check boxes for provisions 52.204-24, 52.204-7, and 52.212-3 as highlighted in yellow in this solicitation.

5) Submit quotes by email to tiffany.hurt@usda.gov so that they are delivered into this inbox by the due date and time. Emails should contain the SF-1449, Technical Proposal, Price Proposal (Completed Schedule B), and

Representations and Certifications in Microsoft Word or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email.

It is the offerors responsibility to confirm receipt of the offer from tiffany.hurt@usda.gov.

mailto:tiffany.hurt@usda.gov

6) Address questions about this solicitation to T. Paige Hurt at tiffany.hurt@usda.gov

(ix) 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV

2021) (Provision)

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

The following factors shall be used to evaluate offers:

- Technical Proposal

- Past Performance

- Pricing

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

(x) Representations and Certifications (complete highlighted items in this section and return with your offer)

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (NOV 2021) (Provision)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial

Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at

52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

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

Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National

Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the

System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the

Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code

(PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision.

If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.209-7 Information Regarding Responsibility Matters (OCT 2018)

)(Provision)

(a)Definitions. As used in this provision—

Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and

Exchange Commission Administrative Proceedings, Civilian Board of Contract

Appeals Proceedings, and Armed Services Board of Contract Appeals

Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts

(including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b)The offeror ☐ has ☐does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c)If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the

Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a

Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i)In a criminal proceeding, a conviction.

(ii)In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of

$5,000 or more.

(iii)In an administrative proceeding, a finding of fault and liability that results in–

(A)The payment of a monetary fine or penalty of $5,000 or more; or

(B)The payment of a reimbursement, restitution, or damages in excess of

$100,000.

(iv)In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the

Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d)The offeror shall post the information in paragraphs (c)(1)(i) through

(c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov. See 52.204-7.

52.212-3 Offeror Representations and Certifications – Commercial Products and

Commercial Services (DEC 2022) (DEVIATION DEC 2022) (Provision)

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the

Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

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

Commercial Services (DEC 2022) (DEVIATION 2017-1)

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

Executive Orders– Commercial Products and Commercial Services (DEC 2022)

(DEVIATION 2017-1, DEVIATION APR 2020, DEVIATION DEC 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation

(FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and

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

https://www.sam.gov/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

(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:

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41

U.S.C. 3509)).

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

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

☐ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1)

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

☐ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (9) 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).

☐ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

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

☐ (11) [Reserved].

☐ (12) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022)

(15 U.S.C.657a).

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

Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (14) [Reserved]

☒ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15

U.S.C.644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

☐ (16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C.

644).

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☐ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C.

637(d)(2) and (3)).(DEVIATION DEC 2022)

☐ (18) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C.

637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Sep 2021) of 52.219-9.

☐ (19) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☐ (ii) Alternate I (MAR 2020) of 52.219-13

☐ (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s)

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

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

☐ (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

☐ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Oct 2022) (15 U.S.C. 657f).

☒ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022)

(15 U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C.

637(m)).

☐ (25) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business

Program (Oct 2022) (15 U.S.C. 637(m)).

☐ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020)

(15 U.S.C. 644(r)).

☐ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022)

(E.O.13126).

☒ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

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

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

☒ (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

☐ (ii) Alternate I (Jul 2014) of 52.222-36.

☐ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

☒ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter

78 and E.O. 13627).

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

☐ (37) 52.222-54, Employment Eligibility Verification (May 2022). (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 FAR 22.1803.)

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

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

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

☐ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (41) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun

2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s

13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42

U.S.C. 8259b).

☐ (44) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(Oct 2015) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

☒ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (Jun 2020) (E.O. 13513).

☐ (46) 52.