Nez Perce_Clearwater_NF_Hazard Tree Removal_12034320Q0115.docx

Combined Synopsis/Solicitation Solicitation Number: 120343120Q0115 Hazard Tree Removal Dated: 06/17/2020

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 being requested, and a written solicitation document will not be issued.

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, Support Activities for Forestry with a small business size standard of $7.5 Million. See FAR 5.203 (b) Publicizing and response time for local advertisement information.

Contracting Office Zip Code: 83544 Product Service Code: F014 – Tree Thinning Contracting Office Address: 12740 HWY 12, Orofino, ID 83544 Set Aside: Small Business

All interested companies shall provide quotations for the following:

Commercial Item - Service

SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

Admin Site Hazard Tree Removal (53 Total)*

LS

Total:

*Quoted prices must include all equipment, labor, and supplies to safely complete work.

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 felling, skidding, processing, and decking of 53 pre-identified trees on the Potlatch Ranger Station compound. The trees are located in close proximity to administrative buildings, driveways, parking areas, power lines, residences, and offices which will require directional felling practices and other safety precautions to prevent injury of personnel and property damage.

The period of performance: It is estimated delivery will be no earlier than 18 June 2020 and shall not exceed 30 September 2020.

Project Location: Project location is on the Potlatch Ranger Station compound, located at 1700 HWY 6 in Potlatch, ID.

Quoter Information

Prices Submitted By

Email:

Exhibit #01: Specifications

GENERAL SPECIFICATIONS

1. Performance Requirements Summary:

Whole Tree Removal

100% of the unit acres treated

Meets work activity specification & requirements.

Meets Task Order (Prescription/Work Description) requirements.

Meets requirements of Section H (Landscape Preservation Erosion Prevention and Soil Protection, Slope Limitations, Erosion Control Seeding, Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements)

1. If quality does not meet standard, pay deduction (Section G) and/or additional costs to the Government will be assessed.

1. If the Contractor fails or refuses to repair any damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

1. The Contractor’s quality will be reflected in the performance assessment either positive or negative.

Quality Control

Contractor submits General and Task Order Specific Quality Control Plans for government approval.

Contractor follows approved Quality Control Plans.

Contractor maintains good quality control on all aspects of operation to ensure specifications and work requirements are met.

Actions not consistent with contract specifications are corrected as per the Quality Control Plan.

1. If the Contractor fails to meet standards, work may be suspended or put in Default for failure to take corrective action immediately.

1. Result in adverse performance assessment.

Non Plot Based QC: Contractor’s inspections are representative of performance standards compared to Government quality assurance.

Inspection completed to meet timeframes.

Inspection forms are complete and accurate.

1. When Contractor’s inspections meet standards, no deduction.

If quality does not meet standard, pay deduction (Section G) and/or additional costs to the Government will be assessed.

Work Plan and Schedule

Work meets schedule as per the accepted Work Plan.

Meets Minimum Required Rate of Progress as specified in section F.3.d.

1. Work not completed on schedule is subject to Default and may result in assessment of actual costs.

2. Contract Time and Required Rate of Progress.

a. Estimated Start Work Date: The estimated start work date is June 29, 2020.

b. Contract Time. The Contractor shall complete work on this Task Order in accordance with the following requirements (Also see Silvicultural Summary Prescriptions for additional restrictions), unless otherwise approved, in advance, in writing, by the CO.

a. All Items shall be completed in 21 days or less and in a manner that minimizes disruption of ranger station operations.

b. Performing felling operations on weekends is preferred, but not mandatory.

c. Coordination with ranger station personnel and utility companies will be necessary to ensure the safety of employees working during operations and to prevent damage to station vehicles, structures, utilities, and other property.

3. Exhibits.

a. Attachment 01: 2020 Summary Information Chart, 1 page.

b. Attachment 02: Silviculture Summary Prescriptions. 2 pages.

c. Vicinity Map, 1 map

d. Project Map, 1 map

e. Wage Determination: 1995-0228; Dated: 02/21/2020

a. 2020 Summary Information Chart

Name/No.

Avg. Height

b. SILVICULTURE SUMMARY PRESCRIPTION/STATEMENT OF WORK

Sub-item: 3-1 Acres: N/A Unit Name: Admin Site Tree Felling Location: Potlatch Ranger Station Legal: R5W, T41N, Section 1, NENW ¼ Section Lat/Long: 46° 55.831'N x 116° 54.651'W Approximate Elevation: 2560’ Average Stand Age (overstory): 95 Average Slope: 0-10% Average Tree Height (overstory): 110’ feet Average Aspect: N/S/E/W

Sub-item: 3-2 Acres:

Unit Name: Admin Site Skidding Location: Potlatch Ranger Station Legal: R5W, T41N, Section 1, NENW ¼ Section Lat/Long: 46° 55.831'N x 116° 54.651'W Approximate Elevation: 2560’ Average Stand Age (overstory): 95 Average Slope: 0-10% Average Tree Height (overstory): 110’ feet Average Aspect: N/S/E/W

Sub-item: 3-3 Acres:

Unit Name: Admin Site Processing and Decking Location: Potlatch Ranger Station Legal: R5W, T41N, Section 1, NENW ¼ Section Lat/Long: 46° 55.831'N x 116° 54.651'W Approximate Elevation: 2560’ Average Stand Age (overstory): 95 Average Slope: 0-10% Average Tree Height (overstory): 110’ feet Average Aspect: N/S/E/W

Sub-item: No. 3-4 Acres: N/A Unit Name: Admin Site Piling and cleanup Location: Potlatch Ranger Station Legal: R5W, T41N, Section 1, NENW ¼ Section Lat/Long: 46° 55.831'N x 116° 54.651'W Approximate Elevation: 2560’ Average Stand Age (overstory): 95 Average Slope: 0-10% Average Tree Height (overstory): 110’ feet Average Aspect: N/S/E/W

EXISTING CONDITIONS/TREATMENT OBJECTIVES

On the Potlatch Ranger Station compound exists large Ponderosa Pine trees. The trees are interspersed throughout the entire compound between office structures, vehicle parking areas, residences, power lines, and areas of employee and public access. Some of the trees are in less than ideal health and have become weakened - posing a hazard to station personnel, public, structures, and property on the compound. There are also a number of trees where ranger station parking and building expansion is planned, and need to be removed.

Objectives for this task order are:

(1) Whole Tree Removal to include the following activities:

(i) Felling/Skidding/Yarding/Forwarding of trees designated for removal.

· Felling/skidding/processing/decking of trees shall be done in a manner that avoids damage to existing improvements including asphalt and gravel driveways, utility lines, structures, and other property within the ranger station confines.

· Contractor will need to coordinate with ranger station and utility company representatives to ensure safety of contractors, station employees, and public and to avoid damage to ranger station improvements and property.

(ii) Whole tree processing to a top diameter of 5.6” at the small end and cut to log lengths – the smallest log length being 8’.

(iii) Decking of trees at pre-identified areas that are accessible to a self-loading truck.

(iv) Pertinent slash treatment by piling residual slash created from logging activities – see piling provisions in Landing Preparation and Cleanup/Piling below.

(v) Skid trail provisions:

· Skidding shall only occur during dry soil conditions as determined by the Forest Service.

· The location of tractor skid trails shall be designated on the ground by Purchaser and approved by Forest Service in advance of falling.

· Trees shall be felled, insofar as safety permits, to angle in the direction of skidding.

· Logs shall be tractor skidded with the leading end free of the ground.

· Trees designated for cutting and/or logs will be left as rub trees along skid trails (all skidding and yarding methods) as needed to protect leave trees.

(2) Landing Preparation and Cleanup/Piling A landing is considered a place where any logs or products are gathered for loading. All slash accumulated at landings shall be piled.

· Piles shall be reasonably compact and free of soil to facilitate full consumption when burned.

· Pile location will be pre-approved by the Forest Service.

· Piles shall be of a size and location which will not impair road use or result in damage to residual timber or nearby structures and property (vehicles, trailers, etc.).

· Piles shall be located outside of residual/leave tree driplines, in openings or areas of low tree densities to minimize damage to residual trees when the piles are burned.

· Piles shall be 8-15 feet in diameter, minimum of 8-10 feet in height, shall be constructed compact and free of dirt and duff, shall have a good base to prevent the pile from toppling and shall not be made on down logs, rotten stumps or rocks.

· Material used to build piles shall not exceed 8 feet in length. All objects which extend more than 2 feet in any direction from the pile profile shall be cut off and returned to the pile. No stumps shall be placed in piles.

(3) Washing and Inspection of Equipment Purchaser shall employ whatever cleaning methods are necessary to ensure that all logging and construction equipment, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks and cars, is free of noxious weeds prior to entry on to the Project area.

Equipment shall be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Purchaser shall give the Forest Service at least 24 hours’ notice when equipment is ready for inspection. Notification will include an agreed upon location where the equipment will be available for inspection by the forest service.

Only logging and construction equipment so cleaned and inspected by the Forest Service will be allowed to operate within the Project area. All subsequent move-ins of equipment to the Project area shall be treated in the same manner as the initial move in.

c. Vicinity map

a. Project Maps

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

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. (JUN 2020)

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jun 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (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 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

[Contracting Officer check as appropriate.] __ (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.)

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

__ (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).

_X_ (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. 6101note).

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

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (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] _X_ (14)

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

__ (ii) Alternate I (Mar 2020).

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 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) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (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 (Mar 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 (Mar 2020) (15 U.S.C. 637(m)).

_X_ (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) (15 U.S.C. 637(a)(17)).

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

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

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

__ (30)

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

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

__ (31)

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

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

__ (32)

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

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

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

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

__ (35)

(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

_X_ (40)

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

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

__ (41)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

_X_ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (43)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

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

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

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

__ (47)

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

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

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

_X_ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

_X_ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) 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).

__ (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. 2302 Note).

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

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

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

__ (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)).

__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

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

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

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

__ (63)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (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. chapter 67).

_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).

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_X_ (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 2019) (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 (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(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.

Provisions

FAR 52.212-2 Evaluation - Commercial Items (OCT 2014) For all reference within this provision to “offer” remove and add “quoter.”

(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_______________________

Technical and past performance, when combined, are __Less than ________ price.

(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.

Attachments:

1.) Attachment: FAR 52.212-1 Commercial Items (Addenda) 2.) Attachment 2: Wage Determination 1995-0228, Dated: 02/21/2020

All quoters shall submit the following:

1. Schedule of Items – Filled out to the nearest cent for the quoted item you wish to be considered. Quoter Administrative Contact Information Sheet.

Closing Date/Time: 27 June 2020, 2:30PM (PST)

Quote Submission Methods:

1. Email: darren.zychek@usda.gov

2. Quote Package:

a. Filled Out Schedule of Items (to include quoter administrative information)

b. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Dec 2019)

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to: Darren Zychek, darren.zychek@usda.gov.

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