CSS 1284LL24Q0085.pdf

Solicitation Number: 1284LL24Q0085 FY24 Grave Creek Road Maintenance

FAC 2024-05 May 22, 2024

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

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

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05.

(iv) This procurement is a total small business set aside. The NAICS code is 115310 and the Small Business Size Standard is $11.5 million.

(v) Schedule of Items/Price Schedule

SCHEDULE OF ITEMS

Period of Performance: October 1st,2024 through September 30th, 2025.

Items 001 – 012 require grading and shaping and roller compaction

ITEM WORK DESC ROAD

No.

ROAD NAME START END QTY UNIT Cost / unit Total Cost

001 Grading & Shaping Compaction

7116 BIG THERRIAULT LAKE 0 0.06 0.06 MI

002 Grading & Shaping Compaction

114 GRAVE CREEK TRAIL

CREEK

10.2 14.07 3.87 MI

003 Grading & Shaping Compaction

7022 CLARENCE CREEK 0 1.4 1.4 MI

004 Grading & Shaping Compaction

7021 STAHL CREEK 0 1.3 1.3 MI

005 Grading & Shaping Compaction

7116 BIG THERRIAULT LAKE 0.06 0.64 0.58 MI

006 Grading & Shaping Compaction

7116A BIG THERRIAULT LAKE

A

0 0.09 0.09 MI

007 Grading & Shaping Compaction

7085 BLUEBIRD CREEK 0 1.35 1.35 MI

008 Grading & Shaping Compaction

319 THERRIAULT LAKES 0 14.07 14.07 MI

009 Grading & Shaping Compaction

7137 LITTLE THERRIAULT

CAMP

0 0.17 0.17 MI

010 Grading & Shaping Compaction

319 THERRIAULT LAKES 2.82 4.81 1.99 MI

011 Grading & Shaping Compaction

319 THERRIAULT LAKES 1.6 2.82 1.22 MI

012 Grading & Shaping Compaction

7085C BLUEBIRD CREEK C 0 0.23 0.23 MI

Total:

Items 013 – 014 require grading and shaping

ITEM WORK DESC ROAD

No.

ROAD NAME START END QTY UNIT Cost / unit Total Cost

013 Grading & Shaping Only

7021 STAHL CREEK 1.3 4.53 3.23 MI

014 Grading & Shaping Only

7022 CLARENCE CREEK 1.4 2.82 1.42 MI

Items 015 requires grading, road reshaping, and roller compaction

ITEM WORK DESC ROAD

No.

ROAD NAME START END QTY UNIT Cost / unit Total Cost

015 Grading, Road Reshaping & Compaction

114 GRAVE CREEK TRAIL

CREEK

11.51 14.07 2.56 MI

Item 016 requires hourly excavation work for ditch reconditioning

No.

ROAD NAME START END QTY UNIT Cost / unit Total Cost

016 Excavator work

20 HR

Items 017 – 021 require heavy brushing, Items 022 – 026 require grading and shaping

No.

ROAD NAME START END QTY UNIT Cost / unit Total Cost

017 Heavy Brushing 7027 HUCKLEBERRY HILL 0 2.11 2.11 MI

018 Heavy Brushing 7086 WOLVERINE CREEK 0 2.71 2.71 MI

019 Heavy Brushing 7086A WOLVERINE CREEK A 0 0.61 0.61 MI

020 Heavy Brushing 7091 TEN LAKES 0 1.83 1.83 MI

021 Heavy Brushing 7088 THERRIAULT LAKES

CREEK

0 0.23 0.23 MI

022 Grading & Shaping Only

7027 HUCKLEBERRY HILL 0 2.11 2.11 MI

023 Grading & Shaping Only

7086 WOLVERINE CREEK 0 2.71 2.71 MI

024 Grading & Shaping Only

7086A WOLVERINE CREEK A 0 0.61 0.61 MI

025 Grading & Shaping Only

7091 TEN LAKES 0 1.83 1.83 MI

026 Grading & Shaping Only

7088 THERRIAULT LAKES

CREEK

0 0.23 0.23 MI

Schedule Notes:

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

b) Pricing must include all costs associated with rental, transportation, and mobilization.

c) Refer to pages 10 through 12 for Instructions for submitting quotes and Evaluation Criteria.

d) The Government reserves the right to award all, some, or no line items.

e) Roads can be completed in any order.

(vi) Description of Requirement (including a list of any attachments)

Project Title

FY24 Grave Creek Road Maintenance

General Information

1.0 Background and Purpose

The Forest Service requires road maintenance for approximately 36 miles of roads located within the Rexford / Fortine Ranger Districts of the Kootenai National Forest. The road maintenance consists of a combination of grading and shaping, roller compaction, road reshaping, excavator use, and heavy brushing.

2.0 Definitions

Heavy Brushing: The cutting of vegetative growth including trees six (6) inches or less in diameter (when measured 6 inches above the ground) which interferes with the sight distance and drainage features along the roadway. Removing all logs and windfall within the specified clearing limits. The clearing limits are shown in the attached typical section. This includes a horizontal distance of ten (10) feet, (or a slope distance of 12 feet) from the bottom of the ditch for the roads with ditches, eight (8) feet horizontal distance (or a slope distance of 12 feet) from hinge without ditch, and a horizontal distance of four (4) feet (or a slope distance of six (6) feet) from the shoulder of the fill side.

Contracting Officer’s Representative (COR): The onsite contract administrator for the Contracting Officer. The duties and responsibilities of the COR are defined in the letter of designation issued by the Contracting Officer.

Contracting Officer (CO) — An official of the Government with the authority to enter into, administer, and terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the CO acting within the limits of their authority as delegated by the CO.

3.0 Technical Requirements / Tasks

3.1 Grading and Shaping:

Surface blading is keeping the native or aggregate surfaced road in a condition to facilitate traffic, minimize additional future maintenance, reduce erosion, and provide proper drainage. It includes maintaining the crown, inslope or outslope of the traveled way and shoulders, drainage dips, leadoff ditches, berms, turnouts, removal of minor slides and slumps, and other irregularities that prevent normal runoff from the road surface.

3.1.1 The contractor shall blade road to remove surface irregularities and shape to provide a uniform surface without loss of aggregate surfacing or disturbance or loss of road base material.

The blading shall be performed in such a manner as to preserve the existing cross section and to conserve surface materials. Maintain the existing cross slope or crown unless directed otherwise by the COR.

3.1.2 On gravel surfaced roads the base must not be disturbed and no surface material may be bladed into the ditch or over the road shoulders. Blading of native surface roads shall be performed so no base material under four (4) inches in the greatest dimension is lost. All ruts, holes, etc., shall be removed by scarifying and/or cutting to the bottom of any surface irregularities. Oversize material brought to the surface in the scarification process shall be removed from the roadway. Surface material which has been displaced to the shoulders, turnouts, outside of curves, etc., shall be brought back so as to leave a uniform depth on the traveled way at completion of blading. Surface material shall be bladed from one edge of the road to the other in a berm in order to eliminate any segregation prior to spreading. Sections having segregated materials after spreading shall be reprocessed and spread. Remove all organic, deleterious material larger than 6 inches from the top 6 inches of subgrade.

3.1.3 Elimination of ruts, chuckholes, and washes. These defects shall be repaired by scarifying or cutting to the bottom of such defects to provide for uniform compaction of roadbed material.

High grading, or any method which merely fills depressions with loose material, does not eliminate the defect or provide for uniform compaction and is therefore not acceptable. Dispose of rocks larger than 4 inches brought to the surface during scarification in areas designated by the COR. For portions of road not requiring scarification, the roadbed may contain rocks larger than 4 inches provided they do not extend above the finished roadbed surface. Reduce in place or remove rock extending above the finished roadbed surface. Dispose of rocks in areas designated by the COR.

3.1.4 Repair of Settlement sections shall be performed where possible by cutting from the roadbed on each end of the settled area and filling into the settled area to provide smooth transitions to adjacent road grades. If this will not accomplish the objective, the COR shall be informed.

3.1.5 Grading and shaping operations shall not undercut road backslopes.

3.1.6 At intersections, the roadbeds of side roads shall be graded for a reasonable distance to assure proper blending of the two riding surfaces.

3.1.7 Existing drainage dips shall be cleaned and the outslope grade restored to equal or exceed the gradient of the road.

3.1.8 At the conclusion of the grading and shaping operations the roadbed shall be smoothed and dressed to produce a uniform grade and cross section and a surface free of hollows, depressions, and projections above the adjacent roadbed surface. No berm or ridge or any material shall be left along either shoulder of the roadbed unless directed by the COR.

3.1.9 Wood, rocks, and other debris shall be removed from roadside drainage ditches to provide unobstructed flow of water. All ditches will be pulled unless otherwise instructed by the COR. The backslope of the ditch shall not be undercut by ditch cleaning operations; and the slope to road shoulder shall be maintained at an approximate ratio of 3:1 from the bottom of the ditch to the edge of the roadbed. Roadside ditches shall not be excavated to a depth of greater than 2 feet below roadbed grade. Typical depth of roadside drainage ditches below roadbed is one foot.

3.1.10 Wood, rocks and other debris resulting from the cleaning of drainage ditches shall be removed and disposed of on the jobsite as directed by the Contracting Officer's Representative.

On aggregate-surfaced roads, material may be bladed across the road provided it is not deposited in ruts, washes, or chuckholes in the road surface. Such material shall be sidecast on stable fill slopes or natural ground out of streambeds, streams, or other waterways. No sidecasting will be permitted within 300 feet of a stream. On roads without aggregate surfacing, surface soil with rocks less than 2 inches in greatest dimension may be spread evenly over the adjacent roadbed.

3.2 Roller Compaction:

Road shall be compacted shoulder to shoulder, to uniform density that does not deform under passenger vehicle traffic.

3.2.1 Compaction requirements:

• Steel wheeled rollers, other than vibratory, capable of exerting a force of not less than 250 pounds per inch (4.5 kilogram/millimeter) of width of the compression roll or rolls.

• Vibratory steel wheeled rollers equipped with amplitude and frequency controls with a minimum dynamic force of 30,000 pounds (130 kilonewtons) impact per vibration, specifically designed to compact the material on which it is used.

• Pneumatic-tired rollers with smooth tread tires of equal size that will provide a uniform compacting pressure for the full width of the roller and capable of exerting a ground pressure of at least 80 psi (550 Kilopascals).

• Sheepsfoot, tamping, or grid rollers capable of exerting a force of 250 pounds per inch (4.5 kilogram/millimeter) of width of roller drum.

3.3 Heavy Brushing:

The contractor shall cut vegetative growth including trees six (6) inches or less in diameter (when measured 6 inches above the ground) which interferes with the sight distance and drainage features along the roadway. The contractor shall remove all logs and windfall within the specified clearing limits. The clearing limits are shown in the attached typical section. This includes a horizontal distance of ten (10) feet, (or a slope distance of 12 feet) from the bottom of the ditch for the roads with ditches, eight (8) feet horizontal distance (or a slope distance of 12 feet) from hinge without ditch, and a horizontal distance of four (4) feet (or a slope distance of six (6) feet) from the shoulder of the fill side. Clearing shall include turnouts and curves. The clearing limits are shown in the attachment 1.

3.3.1 If brush cutting is needed within riparian areas (particularly stream crossings) heavy machinery shall be used only from the established road prism and only to the shoulder. Riparian areas are any road or road segment 20 feet or closer to a live stream.

3.3.2 Heavy Maintenance Brushing shall require removal of heavier brush and small trees with stems up to approximately 2” diameter encroach into the shoulders reducing the travel width.

3.3.3 Brush cutting Methods:

3.3.3.1 All material:

3.3.3.1.1 - All brush, slash, trees, herbaceous plants (grass and weeds), etc., shall be cut off cleanly, with no material left partially cut, bent over, or matted down.

3.3.3.1.2 - No brush, slash, or other material shall be disposed of in creeks or streams and shall not interfere with or obstruct drainage facilities.

3.3.3.1.3 - All slash having a diameter greater than two (2) inches and a length greater than two

(2) feet or a length greater than three (3) feet regardless of diameter shall be disposed of by scattering downslope from the roadbed and outside the clearing limits so that no material extends above the roadway elevation. Fragmented debris of smaller dimension may remain within the clearing limits but must be removed from roadbed surfaces. Scattered debris in roadbed is acceptable in minor amounts that will not contaminate aggregate surfacing or may readily be incorporated into native surface materials. On all open roads contractor shall maintain the roadway to a condition that is safe for public traffic to pass which may require removing all brush that is a driving hazard within the same day it was cut from the roadbed. All other brush shall be picked and scattered within 7 consecutive days of being cut.

3.3.3.2 Logs and windfalls:

3.3.3.2.1 - Logs and windfalls lying within or across the clearing limits shall be cut off at the top of the cut-slope and moved to the lower side of the road beyond the clearing limits. Logs placed on the fill-slope of the road shall be outside the clearing limits and at least two feet below the shoulder elevation. The remaining portion of a log or windfall that lies on the upper side of the road shall either be firmly anchored to prevent sliding inside the clearing limits or moved across the road as described above.

3.3.3.2.2 - Windfalls on the fill-slope side which extend above the road elevation shall be cut off at least two (2) feet below the road elevation and disposed of as outlined above. Logs shall be placed, limbed, or scattered so that limbs do not extend above the roadway elevations.

3.3.3.2.3 - No windfalls or logs shall be disposed of in creeks or streams and shall not interfere with or obstruct drainage facilities.

3.3.3.3: Brush and trees six (6) inches or less in diameter

3.3.3.3.1 - All brush and trees with a stump diameter of six (6) inches or less located inside the clearing limits, (with exception of the roadbed) shall be cut off no higher than six (6) inches above the ground level, as measured on the uphill side. The tree diameter shall be measured on the uphill side. Roadbed clearing limit vegetation stump height shall not exceed two (2) inches and shall be cut as not to create a hazard to foot or vehicle traffic.

3.3.3.4: Trees more than six (6) inches in diameter.

3.3.3.4.1 - Trees more than six (6) inches in diameter, when measured six (6) inches above the ground, shall be limbed so that no limb extends within a clear height of 14 feet directly above the traveled way, or within 10 feet in elevation of the road surface within the cutting limits. Limbs shall be cut to within six (6) inches of the trunk to produce a reasonably smooth vertical face.

3.3.3.4.2 - Slash and debris shall be scattered downslope from the roadbed and outside of the clearing limits, avoiding any concentration.

3.3.3.5 - Piling. Will not be required under this contract, however, may be approved by COR.

The Forest Service (FS) will cover and burn such approved piles.

3.3 Pollution and Erosion Control:

During all operations under this contract, the Contractor shall exercise reasonable measures to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored and collected in a sanitary manner and disposed of in a State- approved sanitary landfill.

Oil from crankcases or gear boxes, equipment waste or spilled or excess fuel shall be placed in containers and removed from the work site and disposed of as approved and required by Federal, State and Local laws.

Equipment ordered for operations near streams or bodies of water will be required to meet more stringent requirements regarding seals and fittings that prevent the leaking of hydraulic fluids, lubricants and fuels. Failure to comply will result in immediate rejection of equipment.

3.4 Noxious Weed Control:

Prior to moving of the equipment to the worksite, the Contractor shall be required to clean all equipment prior to entry on to the project area. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the project area. Failure to provide clean equipment may result in the rejection of equipment.

3.5 Maintenance of Traffic and Use of Warning Devices:

The Contractor shall provide signs, other devices, and traffic control for occupied work areas in accordance with National standards as contained in Part VI of the Manual of Uniform Traffic Control Devices (MUTCD), current edition, and these specifications. All signs and devices remain the property and responsibility of the Contractor.

3.5.1 - Traffic Conditions

3.5.1.1 - Roads shall be open to traffic unless otherwise provided.

3.6.1.2 - One lane roads shall always be available for one lane channelized passage of traffic unless approved in writing by the COR.

3.5.2 - Devices

3.5.2.1 - Required signs can be mounted on portable or temporary mountings. Standard MUTCD legends shall be used.

3.5.2.2 - Traffic approaching the work area from either direction and/or side approaches shall be warned by signing.

3.5.2.3 - Signs will always be within one mile of the operating equipment or personnel.

3.5.2.4 - Hazards incidental to the work within or on the traveled way, shoulders, or turnouts shall be marked with hazard identification, illuminated beacons, or other MUTCD devices to safely guide road users through the area. Work shall be scheduled to provide for completion of segments daily.

3.5.2.5 - Advisory speed plates may be used to control traffic through the work area.

3.5.3 – Equipment

3.5.3.1 - All vehicles and machinery operating on or from the traveled way or road shoulder shall have flashing 4-way or top mounted flashing amber lights or rotary beacons operated continuously while work is in progress.

3.5.3.2 - Vehicles and machinery not directly used in the maintenance operation shall be parked off the traveled way to minimize interference with the normal use of the road.

3.5.3.3 - Use of motorized equipment other than handheld equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer.

3.6 Acceptance Requirements:

3.6.1 Government Quality Assurance Inspection:

The Government will, at its convenience, make periodic inspections of the work to assure contract compliance and will perform Quality Assurance Inspections to determine the Contractor is performing quality control in accordance with their Quality Control Plan. Methods may include visual survey and review of Contractor quality control documents, procedures, plan inspection reports and/or customer comments.

3.6.2 Acceptance:

Acceptance of the work under the contract will be made after the CO has made the determination of satisfactory acceptable compliance with the specifications. For acceptance purposes, complete an entire road or road segment otherwise approved by the CO. Acceptance will not be made for segments broken by unacceptable portions. The Government will inspect completed section of the road within 3 consecutive business days following the Contractor’s written notification of completion of the work. A business day is defined as Monday through Friday, excluding Holidays.

When inspection indicates the performance objectives were not met, work will be deemed unacceptable, and payment will not be made until the Contractor has assured the Government that its Quality Control measures have corrected the deficiencies. Inspections after re-work will be made in the same manner as the first inspection and the Contractor may be charged for actual costs incurred by the Government for re-inspection of rework and deducted from the Contractors payment.

Restrictions: Bridge overload permits are required for any vehicle which exceeds the maximum allowable gross vehicle weight of 80,000 pounds; if axle weight limitations dictated by the Bridge Formula result in a lower gross vehicle weight; if single axle loads exceed 20,000 pounds or tandem axle loads exceed 34,000 pounds, if the vehicle exceeds the posted load limits for the bridge. The Bridge Formula can be found in Forest Service Handbook 7709.56b –

TRANSPORTATION STURCTURES HANDBOOK, CHAPTER 90 – ROAD BRIDGE

OPERATION.92 – BRIDGE MANAGEMENT.

4.0 Deliverable / Schedule

The period of performance will be from October 1st,2024 through September 30th, 2025.

5.0 Government Furnished: N/A

6.0 Travel: N/A

7.0 Contractor’s Key Personnel:

The contractor shall maintain a Heavy Equipment Operator throughout the period of performance of the contract.

8.0 Security Requirements:

The contractor is responsible for its equipment during and after operation of the equipment.

9.0 Data Rights: N/A

10.0 Section 508 - Electronic and Information Technology Standards: N/A

Attachment

• Attachment 1: Typical Brushing Limits

• Attachment 2: Maps

• Attachment 3: Food Storage

• Attachment 4: Wage Determination

• Attachment 5: Experience Questionnaire

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

Acceptance will be performed at the location of the work.

The period of performance will be from October 1st,2024 through September 30th, 2025.

(viii) FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) (Provision)

Addenda to provision FAR 52.212-1:

For simplified acquisitions, the word quote or quoter is substituted in provision FAR 52.212-1 for the word offer or offeror.

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

1) Offerors shall have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.

a) Technical Proposal – The technical proposal shall address the evaluation factors in 52.212-2.

At a minimum, the technical proposal shall include:

i) Experience Questionnaire – completely fill out the attached experience questionnaire.

ii) Technical Solution – Provide supporting documentation (written narrative, drawings, specifications (if applicable)) to show what you will do and how you will do it to satisfy the requirement, please include a list of equipment that will be utilized in this contract. Include a timeline showing that you will meet the desired delivery date, and if you cannot meet the delivery date, what date can you meet and why.

iii) Past Performance –The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. If there is no past performance information available, the offeror will receive a neutral rating in this factor.

b) Price Proposal – Complete the schedule of items located in section five of this combined solicitation synopsis.

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24 and 52.212-3 of this solicitation and include a copy with your offer.

3) Submit documentation by emailing to shawn.trout@usda.gov to deliver it into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and Representations and Certifications) in Microsoft Word, Excel, or Adobe PDF format.

4) Please email Shawn Trout at Shawn.trout@usda.gov with questions about this solicitation by September 12th, 2024; questions asked after that time may not be answered.

5) All quotes and documentation for this solicitation will be due on September 19th, 2024 by 09:00AM

EST.

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

Addenda to Provision 52.212-1 paragraph (f) Late submissions:

Replace (f)(2)(i) with the following:

Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. Delete 52.212-1 (f)(2)(i) paragraphs A, B, & C.

(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, Price, Past Performance

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

(End of provision)

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

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) (Provision)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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".

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

(c) (1) Representation. The Offeror represents that it □ does, □ 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

FAR 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 FAR 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at FAR 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 FAR 52.204-26, or in paragraph (v)(2)(ii) of the provision at FAR 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 FAR 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.

https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(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);

https://www.sam.gov/

(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.

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2024) (Provision)

[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:]

(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 ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(End of provision)

(xi) FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023)

Addenda to FAR 52.212-4:

Invoice Processing Platform (IPP). The Invoice Processing Platform (IPP) is a secure, web-based service that more efficiently manages government invoicing from purchase order (PO) through payment notification at no charge to federal agencies and their vendors.

http://www.acquisition.gov/far/ 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

The Forest Service is utilizing IPP for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. Payment through IPP is an Electronic Funds Transfer (EFT) into the Contractor’s bank account.

Vendors that are required to submit an invoice through IPP do not need to contact IPP to enroll.

Enrollment will occur directly through the agency they are doing business with. Once enrolled by an agency, vendors will receive two (2) emails from IPP (stls.ipphelpdesk@stls.frb.org) with IPP login ID and a temporary password.

Go to Collector-Quick-Reference-Guide.pdf (ipp.gov) for instructions on how to log into IPP.

(xii) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (MAY 2024)

(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) FAR 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) FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) FAR 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) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) FAR 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

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

(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:

[Contracting Officer check as appropriate.] https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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

☐ (2) FAR 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

☐ (3) FAR 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) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

☒ (5) FAR 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) FAR 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-

117, section 743 of Div. C).

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

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

☒ (9) FAR 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section

102 of Division R of Pub. L. 117-328).

☐ (10) FAR 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal

Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts.

(Dec 2023) (Pub. L. 115–390, title II)

☒ (11)(i) FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition (Dec 2023) (Pub. L. 115–390, title II)

☐ (ii) Alternate I (Dec 2023) of FAR 52.204-30.

☒ (12) FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C.

6101 note).

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

☐ (14) [Reserved].

☐ (15) FAR 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15

U.S.C. 657a).

☐ (16) FAR 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).

☐ (17) [Reserved] ☒ (18) (i) FAR 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

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

https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6

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

644).

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

☐ (20) FAR 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C.

637(d)(2) and (3)).

☐ (21) (i) FAR 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

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

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

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

☐ (v) Alternate IV (Sep 2023) of FAR 52.219-9.

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

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

☐ (23) FAR 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

[Contracting Officer check as appropriate.] ☐ By the end of the base term of the contract and then by the end of each subsequent option period; or

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

☐ (24) FAR 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

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

☐ (25) FAR 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

☒ (26) (i) FAR 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

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

☐ (27) FAR 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)).

☐ (28) FAR 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).

☐ (29) FAR 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

☐ (30) FAR 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

☒ (31) FAR 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

☐ (32) FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB

2024).[ ☒ (33) FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015).

☒ (34) (i) FAR 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3…