FY 21 Stocking Exams 12363N21Q0010.docx

Combined Synopsis/Solicitation Solicitation Number: 12363N21Q0010 FY21 Stocking Exams Dated: 04/27/2021

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation quotations are being requested, and a written solicitation document will not be issued.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2020-04/01-15-2020.

The associated North American Industrial Classification System (NAICS) code for this procurement is 115310, Forestry Support Activities a small business size standard of $16.5 Million. See FAR 5.203 (b) Publicizing and response time for local advertisement information.

Contracting Office Zip Code: 96002 Product Service Code: F099 – Reforestation Stocking Exams Contracting Office Address: 12740 HWY 12, Orofino, ID 83544 Set Aside: None.

All interested companies shall provide quotations for the following:

Commercial Item - Service

SCHEDULE OF ITEMS

SCHEDULE OF ITEMS

Reforestation - 2021 1st & 3rd Year Stocking Survey

Item 1: 1st Year Stocking Surveys*

Item 2: 3rd Year Stocking Surveys*

*Quoted prices must include all labor, materials, tools, etc. necessary to complete work.

NOTE 1 - Quoters must submit prices for all Items to be considered for award for that item.

Invoice Processing Platform (IPP)

The Forest Service is utilizing the Invoice Processing Platform (IPP) for the electronic submission and tracking of contracts/purchase orders, invoices, and payment information. IPP is a secure Government-wide, Web-based invoice processing service. Visit http://www.ipp.gov to learn more.

Upon award of a contract, Contractors must enroll at https://www.ipp.gov/vendors/enrollment-vendors.htm. Contractors shall submit all invoices electronically via IPP. Paper copies of invoices will no longer be accepted.

SUBMITTING QUOTE/STATEMENT OF WORK:

The purpose of this contract is to secure services for a uniform and systematic examination of plantation survival in 1st and 3rd year tree plantations using stocking and vegetation plots to identify potential significant competition from vegetation types, percent survival, stocking, distribution of trees per acre (TPA) by species, and identify/categorize damage by type and possible cause. Data collected shall be recorded on a provided 2020 Survival Exam Plot Sheet. This useful data will also be used to determine if each plantation meets standard stocking requirement.

The Contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operation supplies, and incidentals necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government. All equipment within the Contract area shall be in such mechanical condition and of an appropriate type to meet the requirements of the work.

DESCRIPTION

Location: Project is located on the McCloud Ranger District of the Shasta Trinity National Forest. Detailed maps of the Shasta Trinity National Forest are available from the Headquarters office or the McCloud/Mt. Shasta Ranger Station offices. Access to certain stands may be limited; the Government is not obligated to do any unscheduled road maintenance. It is the responsibility of the Contractor to determine the most suitable route to the project areas. All units are normally accessible by standard pickup on forest roads.

Project Area Maps: Maps provided in the contract are intended to show the general location and shape of the project areas and are suitable for use in Avenza.

Plantation Boundaries: The areas to be examined are defined by flagging, average tree drip line, system road boundaries or other well-defined physical features. Unit boundaries will be flagged at the Contractor’s written request as necessary for boundary clarity shall govern. Positions of features are approximate.

PERIOD OF PERFORMANCE

Contract Time and Estimated Start Date

Items Estimated Starting Date Contract Time (Calendar Days)

1 & 2 September 8, 2021 15

Contract time shall begin within 3 calendar days of the date given on the Notice to Proceed. Work shall progress at a rate which will ensure job completion within the calendar time specified above.

Note: Estimated dates are estimates. Contractor’s work schedule may dictate starting time, but exams must be started any time after September 8, 2021 through November 1, 2021.

Total contract time for this contract will be 15 calendar days.

Quoter Information

Prices Submitted By

Email:

Offer of Award may be made to the quoter whose quotation provides the best value to the Government based on price and technical specification package.

GENERAL SPECIFICATIONS

UNIQUE FACTORS

Endangered Species

The Government may direct the Contractor to discontinue operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, are discovered to be present in or adjacent to the project area. Actions taken under this paragraph shall be subject to the Stop-Work Order clause FAR 52.242-15.

Preservation of Historical and Archeological Resources

If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any objects or sites of cultural value on the project area, such as historical or prehistorical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the COR in writing of the findings. No objects of cultural resource value may be removed. Operations may resume at the discovery site upon receipt of written instructions. Actions taken under this paragraph shall be subject to the Stop-Work Order clause FAR 52.242-15.

Environmental Interruption of Work

Environmental – The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions or fire danger. The Contractor will be given a resume work order that will document the date the work suspension ends. The count of contract time will stop during work interruptions in excess of one day at a time. All periods of interruptions directed by the Government will be documented. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.

Camping

Camping is not permitted in US Forest Service campgrounds; however, it may be allowed elsewhere on US Forest Service land with the approval of the District Ranger and subsequent issuance of a camping permit.

NOTICE TO PROCEED

The Government will issue a Notice to Proceed as soon as weather and ground conditions are favorable for the work and all reports and insurance information has been received. The effective date of the Notice to Proceed will be:

a. The date specified on the Notice to Proceed, if hand delivered.

b. The third day after the Post Office has issued a Notice of Certified mail to the Contractor. Failure of the Contractor to pick up certified mail will not be considered an excusable delay.

WORK RESTRICTIONS

Work may be performed at any time during the period of the contract except as determined by the COR or as stated below:

1. In accordance with the Fire Plan.

2. When the Contracting Officer (or designated representative) determines that adverse weather had made access too dangerous or the continued vehicular travel or use of equipment would cause unacceptable road or resource damage.

3. Work is suspended by notice of a Work Order for non-compliance with the requirements of this contract.

The Forest Service may modify this contract to exclude unworkable areas (such as rock outcrops), as well as provide resource protection measures as they become apparent, regardless of when such facts become known. Discovery of such areas (include streamside buffers, wildlife areas, heritage resource areas, and noxious weeds) by either party shall be promptly reported to the other party. Payment will not be made for “no work areas” greater than one acre in size.

The Government may specify the order in which units are to be worked. Access may be delayed due to heavy logging activity and/or weather. In these situations, the Contractor shall continue the surveys of accessible areas and return to these units at a later time. Closed roads will require a walk-in to the units.

RATE OF PROGRESS

Contract work shall be performed in accordance with the order of preference approved by the Contracting Officer Representative in the operations plan. The Contractor shall maintain progress at a rate which will assure quality and completion within the period of performance specified above.

DEFINITIONS

For all intents and purposes of this contract the following definitions apply:

BRUSH – a woody shrub with broad leaves rather than needles. Example: manzanita, whitethorn, gooseberry, and bear clover.

CONIFER – A cone-bearing tree with needles or leaf scales. Example: ponderosa pine, sugar pine, white/red fir, Douglas fir and incense cedar.

DEAD TREE – A planted conifer with no live green needles; all needles are reddish-brown or absent, stem is brittle and dried.

FORBS – Soft green herbaceous non-woody plants – may be brown by late summer or fall.

GRASS – Soft green plants with blade-like leaves – may be brown by late summer or fall.

HARDWOOD – A tree with broad leaves rather than needles. Examples: oak, madrone and maple. Only hardwoods that have re-sprouted following the site prep of the area and appear to be inhibiting seedling establishment are considered vegetative competition. Large, old residual hardwoods are not considered competition but should be counted as a live tree in the plots.

LIVE TREE – A conifer with any number of green needles; stem is limber and moist.

MAGNETIC DECLINATION – 13° 60’ East shall be used.

MISSING TREE – No physical remains of the seedling are present, but evidence indicates that a seedling was obviously planted. Acceptable evidence includes an installed empty seedling protection tube, shade card, manual release scalp, or paper collar.

NATURAL – A seedling or residual tree meeting the following specifications: Seedling – Conifers that have seeded in naturally since site preparation, are undamaged, have straight stems, are at least 6 inches tall when measured to the terminal bud and have survived for at least two growing seasons.

NON-STOCKABLE PLOTS – An area within a plantation where conifer seedlings cannot physically be planted, or be expected to survive and grow, such as rock-out crops, exceptionally poor soils with extremely high gravel content, high water table or hard pan, compacted landings, existing roads, water, wet meadow, heavy slash areas, etc.

PLANTED CONIFER – A conifer grown in a nursery and planted generally at one to two years of age. Planted trees of a certain species will generally be of the same size in height and caliper when planted. The trees are planted a certain distance apart with little variation except in un-plantable spots. Planted trees are not generally planted any closer than 6 feet from each other.

GOVERNMENTAL PERSONNEL

1) Contracting Officer (CO) – The Contracting Officer has full authority for the administration of the contract and will personally handle all matters beyond the authority of the COR. No other person is authorized to make changes to clauses, provisions, terms or requirements of the contract. Mutual agreement between the CO and Contractor is required for changes of time or cost to commercial services contracts.

2) Contracting Officer’s Representative (COR) – The COR is the on-site contract administrator for the Contracting Officer, whose duties and responsibilities include full authority for the day-to-day administration of the contract, except for matters pertaining to changes in contract price and time. Duties which are reserved for the CO are listed on the COR Designation Form.

3) Inspector(s) – Inspectors may be designated by the COR who are responsible for checking the Contractor’s compliance with the contract requirements.

CONTRACTOR PERSONNEL AND EQUIPMENT

Contractor On-Site Representative

The Contractor shall designate in writing, a representative to act for the contractor during his absence. The Contractor’s representative shall read and speak fluent English. The Contractor shall list the extent of authority the designated representative will have on the job. The Contractor or acting authorized Representative shall receive orders from the COR/Inspector as required to keep the job in progress and adherence to technical specifications, as needed, to finish the job.

Subcontractors

The Contractor shall promptly notify the Contracting Officer about any subcontract arrangement related to this contract. Any subcontractor not identified in the Contractor’s solicitation response is subject to the approval of the Contracting Officer. Any subcontractor shall have the relevant experience and appropriate equipment for such work. The written notification shall include as a minimum:

A. The name, address and telephone number of the subcontractor.

B. The date upon which the subcontract was entered into and its duration.

C. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

D. Documentation of the subcontractor’s representative authority.

Contractor Requirements

Qualified contractors shall possess all of the following skills, abilities and qualifications:

a) Ability to identify:

i. Woody plants, grasses and forbs listed elsewhere herein.

ii. Damage by weather, such as: frost, snow, mold or drought, and describe the amounts of damage.

iii. Damage by the following animals and describe amounts of damage; big game animals (deer, elk); rodents (porcupine, wood rats, mice, gopher, rabbits, etc.); livestock (cattle).

iv. Species of animal tracks and other signs of their presence in the plots.

b) Technical Skills/Abilities

i. Interpret aerial photographs and locate points on the ground.

ii. Locate points on the ground by using an Azimuth compass and topographic measurements, accurately and legibly, plotting those points onto a unit map.

iii. Accurately enter, edit and process field data to provide error free data files.

Contractor Furnished Components

In addition to labor and transportation, the Contractor shall furnish the following items for each working crew:

a) GPS receiver unit compatible with National Forest GIS Systems capable of meeting current tested accuracies for Distance-Distance Methods, pursuant to Forest Service Handbook (FSH) 2409.12 – TIMBER CRUISING HANDBOOK, Chapter 50 – Area Determination, and meet the standards set forth in R5 supplements to FSH 2409.12, Chapter 50.

b) Compass – Silva Ranger or equivalent with adjustable declination setting (2021 declination for the McCloud area is 13° 60’ East).

c) Measuring device capable of measuring 198 feet (3 chains), unless pacing is approved by the COR.

d) Measuring device with the capability of measuring in 10ths of feet and inches.

e) Tape, stick, or other reliable device, approved by the COR, capable of measuring a circle up to maximum radius of 13.6’.

f) Black permanent marker.

g) Clinometers or other device for measuring slopes (a slope correction chart will be furnished by Government).

h) A means for identification of common local plant species (the Government will furnish a listing of plant species with R5 codes associated with each species). If the Contractor’s plant species codes are different than the Government’s plant species codes, the Contractor will furnish a copy of these species common names and related codes to the COR or Government inspector prior to or along with turning in the first set of completed units. If possible, the Contractor may provide their species code chart for comparison at the pre-work.

Government Furnished Components

The Government will furnish the following:

1. 2021 Survival Exam/Stocking Survey Plot Sheets

2. Flagging (Orange or Pink)

3. Species Identification Chart with R5 Codes

4. Slope Correction Chart

5. GPS Shape Files

6. If available, GPS maps for recording plot locations

PLOTING SPECIFICATIONS

PLOT SHEETS INFORATION SHALL INCLUDE:

1) Header Information:

a. Compartment, Stand Number and Acres: Can be retrieved from maps.

b. Exam Years: 1st or 3rd.

c. Tree Plot Factor: Shall 1/100th acre for entire contract.

d. Plot Radius: Shall be 13.5’ for entire contract.

e. Minimum Stocking Distance (Stocked Plot Radius): Shall be based on radius on Schedule of Items.

f. Aspect: Enter the Direction the unit is facing (remarks section).

g. Before handing in to the COR or Inspector, all columns on the plot sheets shall be totaled and all totals shall be placed at the bottom of each sheet. This procedure shall be done for each unit.

2) Tree Information:

a. Plot Number (PT#): Enter plot number for each plot taken in stand.

b. Tree Species Planted & Naturals: Count the number of tree species planted and/or natural trees by species. Entries for naturals should not exceed 10 trees per species as indicated in the Reforestation Handbook (FSH 2409.26b).

c. Stock Code (STK Code): Compare the distance to the nearest planted tree with the minimum stocked plot radius (as indicated on the Schedule of Items).

d. The following shall be measured on the closest planted conifer to the plot center.

i. Tree Height: Tree Height in tenths of a foot, measured from the ground to the top of the tree.

ii. Tree Caliper: Measure 1 inch from ground level. Measurement in tenths of an inch.

iii. Tree Leader: Measure in tenths of a foot.

3) Vegetation Information: Information below pertains to all brush, hardwoods, grass and forbs species found inside the plot radius.

a. Height: Average height per vegetation species.

b. Percent: Percentage of vegetation by species, not to exceed 100%.

c. Damage to seedling: Shall be defined as animal, physical, insect, foliage diseases, and severity of damage.

d. Remarks: Briefly provide any information that is unusual or unique about that plot.

4) Plot Procedures:

a. The Contractor shall uniformly and systematically traverse the entire unit in a back and forth manner along parallel lines of plots spaced 3 chains apart (when unit allows). Plots shall be numbered consecutively and uniquely for each unit. A plot center shall be established with flagging and tightly secured to the ground. An additional flag located close to the plot center will contain the following information:

i. Plot Number

ii. Unit Number

iii. Date surveyed and by whom (initials)

iv. Direction and distance to the next plot (ie. 320 degrees @ 3 chains to plot 5)

b. Each plantation will be identified with a gold plantation sign attached to a brown carsonite post. This “marking post” shall be used as a reference/starting point. Most/all “marking posts” are located on the edge of the unit next to a road. The Contractor shall attach a flag, with the bearing and distance to first plot, on the post. (Example: ½ chain, bearing due N, S, E, or W or 234 degrees to plot #1).

c. Plot Spacing: Plots shall be located on a 3 chain by 3 chain grid pattern over each unit or subunit when unit allows (in order to uniformly and systematically traverse the entire unit it may be necessary to increase the distance between each plot). Increments of 2 or 2-1/2 chains may be used in units that do not exceed 5 acres in size to achieve the minimum number of plots per unit. This shall be documented on the survey forms where less than 3 chains were used. With the approval of the COR or inspector, pacing may be used.

d. All information written on the flagging will be with a permanent black marking pen for all plots.

e. Where possible, a high visibility flag shall be placed near the plot center.

f. Plot centers that fall within 11.8 feet of a unit boundary (ie. 10.9 feet) shall/can be pulled back so the entire plot will remain within the unit boundary (no ½ plots will be accepted).

g. No plot shall be established if the plot center falls outside the unit boundary.

h. Plots shall be established even if the plot center falls on or near rock outcrops, dirt piles, draws or roads within the unit boundary. Information may entered in the remarks section.

CONTRACTOR QUALITY CONTROL

A Quality Control Plan is required and must be acceptable to the government prior to commencement of work. The Contractor shall provide documentation of Quality Control Inspections in full accordance with the plan.

Quality Control Plan – As part of an offer, all Offerors shall submit a complete, written Quality Control Plan (QCP) to ensure the requirements of the contract are met. The QCP need not be elaborate, but shall address the following aspects:

a) A checklist or plan for inspection of the services performed that complies with the Technical Specifications.

b) A system to ensure that the Contractor’s employees or Subcontractors (if any) are notified of any deficiencies in their area of work.

c) A plan for responding to any corrective notices issued by the Government.

General Inspection: In addition to the requirements in FAR 52.212-4 the Contractor shall maintain an inspection system acceptable to the Government. The intended purpose of the Contractor performing self-inspection is to monitor quality while work is being performed, there-by allowing the Contractor to identify and correct any quality deficiencies in their work while the work is in progress. The Contractor shall inspect their work on an ongoing basis and make available to the Government the results of the inspections. The Contractor shall mark any inspection plots on the ground with flagging for Government verification. Inspections shall be conducted and maintained by the individual work unit. Inspection quality results shall be calculated on a unit basis and an inspection summary shall be provided to the COR at least weekly. Prior to requesting an acceptance inspection or payment request, the Contractor shall make available to the Government all inspection records of the work performed.

Inspection Records: Contractor Quality Control shall include documentation of inspection results in an acceptable format as identified in their Quality Control Plan. The documentation provided must be legible and reflective of all work performed and maintained by the unit. Contractor inspection methods or procedures indicating quality exceeding 100% are not acceptable.

GOVERNMENT QUALITY ASSURANCE VERIFICATION

Inspection

Government will inspect at least 1 percent of the plots in the unit for compliance. Plots will be checked for accuracy. In addition to this, the Government will check distance between plots and plot lines, plot numbering, map drawing to see if unit has been uniformly and systematically traversed and completeness of unit examination. The quality of work will be determined for separate surveyed stands for purposes of payment, and will not average with other units.

Field inspection will consist of randomly selecting plots on each stand, and an inspection of that plot. All documentation will be checked for accuracy. Whenever the results of the inspection are not in agreement with the plot data, 10% will be deducted from the plot score for each field in which there is at least an error. The “Comments” section will be checked for remarks on the un-plantable areas existing within the plot. 10% will be subtracted from the plot score if conditions are not properly recorded. The percentage score for each plot will be recorded and then averaged with the scores of all other plots within the same stand to compute the plot score for the stand. The Contractor, or representative, is encouraged to observe this inspection and will receive inspection summaries upon request.

Documentation inspections will consist of checking maps and data sheets provided by the Contractor for correctness, legibility, and neatness. Whenever a stand map is found to be inaccurate or not sufficiently neat in appearance, 10% will subtracted from the field inspection plot score. Whenever the recorded date is found to be unsatisfactory, or headings are incomplete or inaccurate, another 10% will be subtracted from the filed inspection plot score. The final score resulting from the combination of field and documentation inspections will be used to determine the payment rate.

Stand quality percent for all of the sample plots will be averaged and rounded to the nearest whole percent.

REWORK OF A UNIT

When inspection results are below 80 percent, payment will not be made until the stand has been resurveyed. When a stand needs to be resurveyed, the plot markers placed during the original survey shall be removed and replaced with new plot markers. Re-inspection of corrected work will be done in the same manner as the first inspection. The Contractor shall pay for inspections necessitated by rework.

GOVERNMENT RE-INSPECTION UPON CONTRACTORS REQUEST

If the original inspection results are unacceptable to the Contractor and a second inspection is requested without rework, the same inspection procedure will be used. However, a different plot line will be selected for inspection. If the second inspection results show less than a 5 percent variance from the first inspection, the Contractor shall pay the cost of the second inspection, and the results of the first inspection will be used in determining payment. If the variance is 5 percent or greater, the results of the second inspection will be used, and the Contractor shall not be liable for the cost of re-inspection. Request for re-inspection must be made in writing.

ACCEPTANCE

The Government will accept a unit when all work has been completed, which includes: completed Survival Exam Plot Sheets (with correct totals on the bottom of each Plot Sheet), accurate and legible map drawings, and formal/informal inspections showing that all contractual specifications have been met.

PENALTIES AND INCENTIVES

Penalties for Un-acceptable Work by the Contractor –

(1) Where possible, the Contractor shall re-work at no cost to the Government all work performed which does not meet the acceptable quality level.

(2) Contractor shall bear the cost of extra inspections by the Government if the Government has to perform extra monitoring of the Contractors work (re-inspections of areas re-worked).

(3) Government may accept the Contractors work, but at a reduced payment rate.

(4) The Government may exercise its right to terminate for cause.

(5) The Contractor may receive a poor performance rating.

Incentives for Acceptable Work by the Contractor – The Contractor shall receive a positive performance rating and receive recommendations for award of similar work in the future.

PAYMENT BASIS

Payment will be made for completed units of work at the contract unit price where quality meets or exceeds standard less any authorized deductions.

CONTRACT ADMINISTRATION DATE

Designation of Contracting Officer’s Representative The Contracting Officer will designate a Contracting Officer Representative responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the work.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which may affect the required delivery or completion times stated in the contract.

Post Award – No persons other than the CO, COR and other government officials as designated under this contract have authority to give direction for work to be performed by the Contractor. The Government is not responsible for costs incurred during the performance of work not covered under this contract or resulting from direction by non-authorized persons.

Proposed scope changes which alter contract time or cost may occur by mutual agreement between the Contractor and the Contracting Officer only. If the Contractor is given direction that is considered to be outside of the scope of the contract, the Contractor should advise the Contracting Officer.

CONFERENCE

Pre-work/Post Award Conference

A post award conference with the successful bidder is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a location and time mutually agreeable to the Forest Service and the Contractor.

Notice to Proceed

The Contracting Officer will issue a written notice to proceed. Issuance of the notice may be delayed for a reasonable time, at the discretion of the Government, if adverse soil, vegetative, or climatological conditions exist.

The Contractor shall perform no preliminary work prior to receipt of the written Notice to Proceed. Contract time starts on the effective date of the Notice to Proceed.

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/far/part-52.

The following solicitation provisions apply to this acquisition:

1. Instructions to Quoters- Commercial Items

a. Attachment 1 – FAR 52.212-1 Commercial Items (Addenda)

The following contract clauses apply to this acquisition:

· FAR 52.212-4, “Contract Terms and Conditions-Commercial Items (Oct 2018)”

The following subparagraphs of FAR 52.212-5 are applicable:

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (JAN 2021)

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(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. 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 items:

[Contracting Officer check as appropriate.] __ (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 (Jun 2020) (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. (Jun 2020) (31 U.S.C. 6101 note).

__ (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 (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (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 (Jun 2020) (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 (Jun 2020) 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 (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (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 (Mar 2020) (15 U.S.C. 637(m)).

__ (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 (Mar2020) (15 U.S.C. 637(m)).

__ (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 (Mar 2020) (15U.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 (Jan2020) (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).

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

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (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 (Jun2014) 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.

_X_ (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 (Jun2016) (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.

_X_ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 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 (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

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

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

_X_ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (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 (Feb 2006) (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 (Feb 2006) 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.] _X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

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

__ (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) ( 29U.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 (Nov 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. 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.

FAR 52.204-7 System for Award Management. (Oct 2018)

Permits

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.

“One or more of the items under this acquisition is subject to Free Trade Agreements.”

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (Sept 2013)

Attachments

Provisions FAR 52.212-2 Evaluation-Commercial Items. (OCT 2014)

(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:

______Past Performance, Benefit to Local Community, and Price________________ Technical and past performance, when combined, are ____equal___.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

FAR 52.223-1 Biobased Product Certification. (May 2012)

Attachments:

1. Attachment 1: Wage Determination 1977_0727, Dated: 03/16/2021

2. Attachment 2: FAR 52.212-1 Commercial Items (Addenda)

3. Attachment 3: FAR…