CombinedSynopsis.pdf

RFQ 1240LN22Q0020

Trail Maintenance – 2022

Helena Lewis and Clark National Forest

1240LN22Q0020

Helena Lewis and Clark Trail Maintenance 2022

Helena Lewis and Clark National Forest

Lewis and Clark County, MT

Solicitation Issue Date March 10, 2022

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.

Method of solicitation: Request for Quotation (RFQ) .

The solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2021-07.

Set Aside: 100% small business set-aside. The NAICS code is 115310 Support Activities for Forestry

($8.0 M)

General Information: The intent of this solicitation is to obtain quotes for wilderness trail maintenance services. See below for complete project description.

Provide quote by: 5:00 PM, Mountain Standard Time on March 24, 2022.

DOCUMENTS TO RETURN:

The following documents shall be submitted by the offeror for evaluation to be considered responsive:

Schedule of Items

Acknowledge Amendments if applicable (per the instructions in Block 11 on the SF-30).

E-Mail quote to: Forest Service, Attn: Cristi Heaney

E-mail: cristina.heaney@usda.gov For solicitation questions call or email Cristi Heaney at (406)599-3199 cristina.heaney@usda.gov mailto:cristina.heaney@usda.gov

Helena Lewis and Clark National Forest

TRAIL MAINTENANCE - 2022

HELENA-LEWIS AND CLARK NATIONAL FOREST

SCHEDULE OF ITEMS

Item Description Method of

Measurement

Estimated

Quantity

Unit Price Total

01 982 Trail

Maintenance, clearing per specs and drawings for

Scapegoat

Wilderness trails 202 and 248 by 7/1/2022

Actual

Quantity

8 miles

02 982 Trail

Maintenance clearing per specs and drawings on

Scapegoat

Wilderness trail 232 by 7/15/2022

Actual

Quantity

4.5 miles

03 982 Trail

Maintenance clearing per specs and drawings on

Scapegoat

Wilderness trail 246, 247 by 8/15/2022

Actual

Quantity

8.4 miles

(additive items)

982 Trail

Maintenance clearing per specs and drawings on Bob

Marshall Wilderness trail 209 by

10/1/2022

Actual

Quantity

8.8 miles

(additive items)

Labor for trail mainentance activities on trail in bid items 1-3 or on trails directly adjacent to them by

10/1/2022

Actual

Quantity

70 hours

TOTAL QUOTE $__________

Designated method of payment -Actual quantity.

AWARD WILL BE MADE BY TOTAL QUOTE for the initial 20.9 miles in item 01, 02, 03 and any additive items to be awarded will be designated at time of contract award.

Helena Lewis and Clark National Forest

QUANTITIES: Miles will be rounded to the nearest tenth, mileage on maps has been pulled from a

Geographic Information System (GIS) database

NOTE: QUOTES WILL NOT BE ACCEPTED FOR ANY QUANTITIES LESS THAN THOSE

SPECIFIED, AND MUST BE SUBMITTED FOR A TOTAL ITEM.

BASIS OF AWARD: Multiple contracts may be awarded to the responsive and responsible vendors submitting quotations following the evaluation factors listed below. Offer of award will be made to the

Quoter/s whose quote/s as determined by the Contracting Officer, is/are most advantageous to the

Government, considering but not limited to factors such as price, Contractor capacity to do the work, experience with this type of work, and past performance.

DESCRIPTION/SPECIFICATIONS

GENERAL SPECIFICATIONS

SCOPE OF CONTRACT

This contract requires the Contractor to perform the trail maintenance items in the schedule of items in the Wilderness portion administered by the Rocky Mountain Ranger District of the Helena-Lewis and

Clark National Forest. The Contractor will provide all equipment, operating supplies, supervision, and support functions necessary to perform the required work on a per mile basis. All operations must be consistent with the 1964 Wilderness act. The Act prohibits the use of mechanized, wheeled or motorized equipment, and this includes the use of all battery operated hand tools.

Special Considerations:

- Contractor must follow all Forest Service special orders and regulations, like camp stay limits, weed seed free livestock feed, and food storage regulations.

- Contractor must practice minimum impact camping techniques, like those associated with LNT practices.

- Contractor may be allowed to use FS administrative sites on a case by case basis and with prior approval by COR

DESCRIPTION (READ CAREFULLY! This is the important part)

The work to be accomplished is associated with trail clearing on 20.9 miles of trails in the Wilderness that was all cleared in 2021. Much of this mileage had wildfire of various severity over these trails in the past 20 years. As a result the annual blowdown amount to clear is variable from year to year. Here is the FS Trails Specialist evaluation per trail.

- Several days of high winds in the fall of 2021 and continuing through the winter indicate that blowdown to clear in 2022 in this area will exceed what would be considered average.

- Item 01 - South Fork Sun Trail 202 – 5.2 miles – This trail was burned over by several different fires in the last 20 years. It traverses the valley bottom of a narrow drainage and most

Helena Lewis and Clark National Forest downfall ranges from small up to 20” DBH spruce, lodgepole and doug fir. Over 150 trees per mile would be considered an extraordinary amount on this trail and should be reported to the

COR as it would constitute a change in the contract.

- Item 01 - Elbow Pass Trail 248 – 2.8 miles – This trail crosses a burned and timbered ridge for the full length with sizeable spruce and and doug fir trees mixed into the lodgepole. Elbow pass is exposed to the prevailing SW winds. Over 150 trees per mile would be considered an extraordinary amount on this trail and should be reported to the COR as it would constitute a change in the contract.

- Item 02 - Crown Mountain Trail 232 – 4.5 miles – This trail burned entirely in 2012, the lower

1.5 miles the trail has some steep section and is predominantly smaller diameter trees less than

10” DBH. Over 150 trees per mile would be considered an extraordinary amount on this trail and should be reported to the COR as it would constitute a change in the contract.

- Item 03 - Cigarette Creek Trail 247 - 5.9 miles – This trail burned in several different years over the last 20 and route finding is difficult in the large meadows on the Ridge that account for approximately 20% of this trail. The ½ mile at the junctions of the Trail 248 and 212 travel through larger spruce and fir trees but the ridge is mostly smaller subalpine fir and lodgepole.

Over 150 trees per mile would be considered an extraordinary amount on this trail and should be reported to the COR as it would constitute a change in the contract.

- Item 03 - Observation Pass Trail 246 – 2.5 miles – The entirety of this trail also burned in 2012 and is timbered in mature spruce, fir and lodgepole from 5”-25” in DBH for the entire length.

Over 150 trees per mile would be considered an extraordinary amount on this trail and should be reported to the COR as it would constitute a change in the contract.

- Item 04 - Lost Fork Ahorn Trail 209 – 8.8 miles – the lower 5 miles of this trail burned in

2007 and there is sizeable spruce and fir trees upwards of 30” DBH in this area. It was cleared for the first 2 miles in 2021 but the remainder hasn’t been cleared since 2019. We estimate that around mile 3-6 has at least 150 trees per mile to clear and many of these are over that 15-20”

DBH. The upper few miles known as Pearl Basin to Camp Creek Pass is green lodgepole and subalpine fir and typically clearing is light, but we havent been there since 2019. Over 250 trees per mile would be considered an extraordinary amount on this trail and should be reported to the

COR as it would constitute a change in the contract.

- Item 05 - The labor hours is for the usual anticipated other trail triage needs that would be nearby such as repairing washouts, brushing, tread maintenance etc..

LOCATION

All the trails in this contract are accessed from 2 trailheads located at the head of the Benchmark road on the Rocky Mountain Ranger District in Lewis and Clark County. The trailheads are the South Fork of the Sun River Trailhead, and the Straight Creek Trailhead. They are within about 1 mile of each other on the main road to Benchmark.

TECHNICAL SPECIFICATIONS

Non-motorized, non-mechancial means of transportation and equipment.

CAMPING PRACTICES

Helena Lewis and Clark National Forest

- The contractor will practice Leave No Trace camping principles while doing the work.

- Campsites will be located 200’ or as far from live water as reasonably possible

- Human waste will be burried and located a minimum of 200’ from live water

- Camping with stock will be allowed and all stock will be groomed free of any weed seeds prior to being brought to the Forest.

- Stock impacts will be kept to a minimum by using high-lines and moving grazing locations regularly

- Since the work is of a roving nature, the contractor may camp in the sites that make the most logistical sense for accomplishing the work.

“Catastrophic” situations and FAR 52.212-4 , Contract Terms and Conditions — Commercial

Items

The Contractor may encounter trail conditions caused by natural events that may be outside the scope of this contract. In the past this has included, but may not be limited to, massive snowavalanches, or stream flooding which results in lost trail tread. These situations would be considered “catastrophic” and constitute a Changed Condition, outside the workload normally encountered. FAR 52.212-4, Contract

Terms and Conditions — Commercial Items applies and the Contracting Officer may, in writing, order changes within the general scope of the contract if he determines that the section of trail in question can be made operable with existing contractor resources during the life of this contract upon mutual agreement of the parties (52.212-4c - Changes).

INSPECTION AND ACCEPTANCE

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

(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract.

Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the

Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may

(1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and

(2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may

Helena Lewis and Clark National Forest

(1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or

(2) terminate the contract for default.

DELIVERIES OR PERFORMANCE

Contractor Quality Control

The Contractor is responsible for management and quality control actions to meet the terms of this contract. The Contractor shall establish and maintain a complete Quality Control Plan to ensure compliance with the Performance Quality Standards and/or Acceptable Quality Levels. Contractor shall submit said Quality Control Plan as part of quote.

A description of the quality control plan shall include safety measures, location of documented inspections, and corrective or preventive actions taken for unsatisfactory performance. The Government will also periodically review the manner in which the contractor is conducting the quality control program by either reviewing the contractors records, observing actual performance or both.

Government Quality Assurance and Surveillance

The Government will perform periodic inspections during the performance period to ensure the accuracy of the fieldwork in accordance with the Contractor Quality Control Plan and standard protocol. A Final

Inspection will be performed when notified by the contractor that work has been completed in part or in whole.

Additional Inspection and Acceptance Requirements

(a) Inspection Procedure. The Government may make an inspection of the work. The Contractor shall notify the Contracting Officer Representative when each trail is complete and ready for inspection. If inspection is not performed within 10 days of Contractor's notification to the Contracting Officer

Representative, the trail will be considered accepted. The Contractor is encouraged to observe the inspection. Reinspection. If the original inspection results are unacceptable and a second inspection is requested after rework, the inspection procedures will be the same as the first inspection. Request for reinspection must be made in writing. The Contractor shall pay for inspections necessitated by rework.

PERFORMANCE PERIOD REQUIREMENTS

Contract Time. Contract time will begin on the effective date of the Notice to Proceed. It shall continue

(1) for the period of time listed below; (2) until completion of the work contemplated by the

Government; or (3) until closure of the work season because of moisture or other weather conditions, whichever is sooner. The Contracting Officer will determine when the work season is closed. It is anticipated that the notice to proceed will be issued as follows:

Note: If weather permits, work can begin sooner. The contract period of performance will start April

15th, 2022 to allow for flexibility.

The Government may issue a notice to proceed as soon as weather and ground conditions are favorable for work, but no earlier than April 15, 2022. The count of contract time will start on the date specified on the notice to proceed with an estimated start date of May 15th, 2022, however whatever start date is

Helena Lewis and Clark National Forest on the Notice to Proceed performance shall continue for the number of noncontinuous working days listed by item number. The contractor shall not begin work until a notice to proceed is issued.

Item No. Estimated

Starting Date*

Completion By Estimated

Working Days

1 – Trails 202 and

May 15, 2022 7/1/2022 30 working/15 weather delay

2 – Trail 232 May 15, 2022 7/15/2022

45 working/15

3 – Trail 246 and

May 15, 2022 8/15/2022

75 working/15

4 & 5 – Trail 209 and Labor for trail mainentance activities on trail in bid items 1-3 or on trails directly adjacent to them

May 15, 2022 10/1/2022

120 working/15

*Most years trail 202 is melted off by June 1, Trail 248, 247, 246, 232 by mid-June and the upper portions of 209 by late June. High water in the area can be variable, but typically receding by early

June.

*Number of days are not contractual. Their purpose is to assist in formulating a plan of work and informs the contractor that the Government has factored in work time and potential weather delays into the period of performance on each item.

The working days shown are sufficient to accomplish the estimated miles/hours of work and incorporates allowance for lost time due to weather, breakdown, being stuck, and other problems

(b) Days and Hours of Work. The contractor can work whichever days and schedule best suits their situation in compliance with all other Federal labor regulations. Contractor shall notify the COR one week in advance of work their expected work schedule and any significant alteration.

(c) Point of Hire and Release.

Item No. POINT-OF-HIRE POINT-OF RELEASE

1 - 5 Rocky Mountain RD

Augusta MT

Same as Point of Hire

COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10) (APR

1984)

Helena Lewis and Clark National Forest

The Contractor shall be required to (a) commence work under this contract on the effective date of the

Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 105 working days.

CONTRACT ADMINISTRATION DATA

MEASUREMENT AND PAYMENT

(a) For items 01-04, the quantity to be paid for will be measured in miles and tenths of miles and will be those trails that are included in the contract, completed and accepted. Payment maybe made on a portion of a trail if it constitutes a portion of a logical trail loop completed during a trail hitch.

(b) Downfall areas that have an extraordinary amount of downed timber, slough and debris shall constitute a Change and will be administered in accordance with that regulation. The

Contractor shall notify the Contracting Officer in writing if a changed condition is discovered PRIOR TO taking any action. For items 1-3, extraordinary amount would be considered in excess of 150 trees per mile. For item 4, extraordinary amount would be considered in excess of 250 trees per mile. See picture below for reference.

(c) For item 05, the quantity to be paid for will be measured in hours. The Contractor shall work closely with the COR in completion of any work associated with this item.

Helena Lewis and Clark National Forest

Note: This photo is not taken from any specific location on these project trails but merely depict what extraordinary conditions might look like.

Helena Lewis and Clark National Forest

FAR 52.236-7 Permits and Responsibilities (NOV 1991)

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The

Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

452.236-72 Use of Premises (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor. (b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

FAR 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):

http://www.acquisition.gov/

LOSS, DAMAGE, OR DESTRUCTION

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

LANDSCAPE PRESERVATION

(a) The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents.

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

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

PREWORK CONFERENCE

Prior to commencement of work, the Contracting Officer will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. Also at this meeting such things as http://www.acquisition.gov/

Helena Lewis and Clark National Forest work progress schedule and fire prevention and suppression plans shall be developed and established in writing.

This requirement may be waived at the discretion of the Contracting Officer.

NOXIOUS WEED CONTROL

This project lies within a weed management district, which is any area of land identified for the purpose of weed management or control. Such an identified land area may be, but is not limited to, one of the following: 1) a project or job site, 2) a county, 3) two or more counties, or 4) a National Forest.

Noxious weeds are defined as any exotic plant species established or that may be introduced in the State which may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the State Department of Agriculture, or by the County Weed Management

District, or by other appropriate agencies having jurisdiction.

All equipment, materials, and vehicles to be used at the job site shall be cleaned and certified by the

Contractor as free of noxious weeds and their seeds prior to entrance onto Federal lands.

Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. Cleaning shall occur off Federal lands prior to entering the weed management district.

CONTRACTOR REPRESENTATION

The Contractor shall designate, in writing, a person to act for the Contractor during his/her absence from the work site. The Contractor shall list the extent of authority this representative will have on the job. The Contractor or the authorized representative shall receive orders and instructions from the Contracting Officer and shall take such action as is required to keep the job in progress under the terms of the contract. Both the Contractor and any designated representative(s) shall have both verbal and written command of the English language.

FIRE CONTROL

(a) Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

SAFETY PLAN

Helena Lewis and Clark National Forest

The Contractor shall prepare a Safety Plan that addresses the specific hazards of the work area, and shall include working in dead trees and falling debris. The Contractor shall identify the specific conditions that he/she considers a hazard. The Safety Plan shall address the personal protective equipment and mitigating measures the Contractor will do to increase safety during work. The Safety Plan shall be provided by the Contractor as part of the quote.

CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (JUN 1988)

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.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.212-4 Contract Terms and Conditions – Commercial Items (NOV 2021)

Addenda to 52.212-4:

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

DEVIATION 2017-1 (AUG 2017):

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

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

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

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

Orders – Commercial Items (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 items:

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

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

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

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

Provided by Kaspersky Lab and Other Covered Entities (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 items:

[Contracting Officer check as appropriate.]

Helena Lewis and Clark National Forest

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

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

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

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

☐ (5) [Reserved].

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of

Div. C).

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

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

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

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

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

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C.657a).

[Contracting Officer check as appropriate.]

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

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

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

2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

☐ (13) [Reserved]

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

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

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

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

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

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

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

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

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

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

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

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

☐ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C.637(a)(14)).

[Contracting Officer check as appropriate.]

Helena Lewis and Clark National Forest

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

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

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15

U.S.C. 657f).

[Contracting Officer check as appropriate.]

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

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

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

632(a)(2)).

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

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

[Contracting Officer check as appropriate.]

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

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

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C.

637(m)).

[Contracting Officer check as appropriate.]

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

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

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

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

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (DEVIATION

JUL 2020) (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

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

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

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

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

U.S.C.793).

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

☐ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

Helena Lewis and Clark National Forest

☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

☒ (35) (i) 52.222-50, Combating Trafficking in Persons (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).

☐ (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 items as prescribed in 22.1803.)

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

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

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

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

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

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

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

☐ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

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

☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

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

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)

(E.O. 13513).

☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

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

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

(DEVIATION JUL 2020) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19

U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-

42, and 112-43.

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

☐ (iii) (ii) Alternate II (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (Jan 2021) of 52.225-3.

Helena Lewis and Clark National Forest

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19

U.S.C. 3301 note).

☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the

Treasury).

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

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

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Items (Nov 2021) (41 U.S.C.4505, 10

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

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

(31 U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management

(Jul 2013) (31 U.S.C.3332).

☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

☐ (iii) Alternate II (Nov 2021) of 52.247-64.

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

Contracting Officer check as appropriate.]

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

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

U.S.C. chapter 67). WG-06 Step 01 $21.16/hr. This Statement is for Information Only: It is not a Wage Determination

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.

Helena Lewis and Clark National Forest

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.

chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Jan 2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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

1792).

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

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

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

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

Records relating 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 (Nov 2021) (41 U.S.C. 3509).

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

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

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

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

Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

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

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

Helena Lewis and Clark National Forest

(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 Solicitation 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 (Nov 2021) (22 U.S.C. chapter 78 and

E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Jan 2022).

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

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

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

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

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations

(Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause

52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46

U.S.C. Appx.1241(b) 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.

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

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)

Helena Lewis and Clark National Forest

Deviations to clauses may be viewed at:

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

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)

52.252-6 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.

52.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10days after the date of contract award. The conference will be held at a time to be determined at time of award.

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: __________________

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The

Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c)below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least

15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the

Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

PROVISIONS

52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision)

Helena Lewis and Clark National Forest

(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:

Award will be made on a basis of price and other factors including past performance and experience that reflects capability to perform successfully.

Award amount will not be released until after an award has been made.

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial

Services (NOV 2021) (DEVIATION JUL 2020) (Provision)

52.204-7 System for Award Management (OCT 2018)

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar

(AGAR clauses begin with 452)

Deviations to provisions may be viewed at:

52.252-5 Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (NOV 2021)

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…