NGFT Cut Tree Marking RFQ 12363N23Q4253.pdf

Combined Synopsis/Solicitation Number 12363N23Q4253 National Forests and Grasslands in Texas Cut Tree Marking RFQ

7/07/2023

(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, 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 an Request for Quote (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04.

(iv) This procurement is full and open The NAICS code is 115310and the Small Business Size Standard is $11.5.

(v) Schedule of Items/Price Schedule

Schedule of Items

Project Description: ___________________________________________________________

Vendor Name: __________________________________Vendor UEI:___________________

Item Supplies/Services Qty Unit of Issue

Unit Price Total Price

0001 Cut Tree Marking 760 ACRES $ $ Grand total $

Proposed date performance can begin:________________________________

Schedule Notes:

a) This is a best value competition.

b) One award will be made from this solicitation.

c) All mobilization and other costs will be factored into prices offered for the unit, total and grand total prices.

National Grasslands and Forest in Texas Angelina/Sabine Ranger District Cut Tree RFQ 12363N23Q4253

d) Please fill the RFQ document, including the clause and provision section and all attachments completely. Incompletely filled documents may cause your quote to be removed from consideration.

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

The Angelina/Sabine Ranger Districts of the National Grasslands and Forests of Texas is soliciting cut tree marking services. The project area is located on the Angelina/Sabine Ranger District approximately 5 miles east of Pineland, TX. The treatment area consists of compartments 91 and 92 in mixed pine/hardwood stands totaling 760 acres. Only pine will be marked in both compartments. Units will be marked in blue or yellow tracer paint and sample tree tally cruised. Crew must be cruiser qualified to mark. Some units will have visual quality requirements where directional marking and increases in basal area retained is necessary. These areas will be designated on maps. Units will be laid out and marked on the ground with 3 diagonal stripes and two stump marks in orange paint and acres will be determined by GIS. All areas are accessible by vehicle or by foot and are generally on a level slope with an elevation of about 270 feet.

Trees will be selected and marked based on the description in each individual cruise plan so that the desired basal area/acre (BA) and spacing would result after harvest.

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

The project area is located on the Angelina/Sabine Ranger District approximately 5 miles east of Pineland, TX. Please reference Attachment A for more precise placement.

Delivery of the contracted work will be made within 150 days of contract award

Acceptance of performed work will be made at the worksite location(s) by the project COR (Contracting Officer’s Representative) or Government Technical Monitor if applicable.

Acceptance will be made before the crew leaves the worksite.

Attachments:

Attachment A- Marking Map

Attachment B- FAR 52.212-1 Commercial Items (Addenda)

Attachment C- FAR 52.212-3

Attachment D- Wage Determination 1977-1427

Attachment E- Contractor Experience and Capability Questionnaire

National Grasslands and Forest in Texas Angelina/Sabine Ranger District Cut Tree RFQ 12363N23Q4253

STATEMENT OF WORK (SOW)

General Description

1. SCOPE

The purpose of the proposed contract is to provide timber marking services to the Angelina/Sabine Ranger District. All marking will be cut tree with sample tree cruising for approximately 760 acres.

Project Location: Angelina/Sabine Ranger District with the district office being in Zavalla, Texas.

The treatment area consists of compartments 91 and 92 which are located five miles East of Pineland, TX on the Angelina/Sabine Ranger District. (See the project maps for locations in Attachment A).

Project Area: The total combined project area consists of approximately 760 acres of timber marking.

Units will be delineated on the ground with orange boundary paint and GPS data collected before the start of the work. Updated maps, acreage, cruise plans and marking guidelines will be given to the contractor before the start of work or at the prework meeting.

Access: All areas are accessible by vehicle or by foot and are generally level slope with an elevation of about 270 feet.

Angelina/Sabine Ranger District Compartment Payment

Units Cut Tree Marking

GIS Acres 91 1 Cut Tree 509 92 2 Cut Tree 251

MARKER CERTIFICATION: Contractors are required to obtain a Qualified Cruiser Certification through the Forest Service by passing a written examination and field test PRIOR

TO AND IN ORDER TO COMPETE FOR CONTRACT AWARD OF TIMBER SALE

PREPARATION TASKS AND SUBTASKS. This certification will remain valid for a period of one year and annual recertification is required to continue performing services under this contract. Contact Kristi Keach, 936-639-8540, to obtain information about the Qualified Cruiser Certification and recertification.

Payment: It will be required that the timber marking be completed to contract specifications and inspected by an authorized Forest Service Representative on a payment unit area before payment is made for that area.

Contractor Representative: The Contractor shall designate and make known a Contractor Representative for the performance of the work. The name of this person and an alternate(s) shall be designated in writing to the Contracting Officer. Any designated Contractor Representative or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Contractor Representative and alternate(s) must be able to read, write, speak, and understand English and read maps.

National Grasslands and Forest in Texas Angelina/Sabine Ranger District Cut Tree RFQ 12363N23Q4253 jdking Highlight

Contractor Access: Roads may be gated. Contractor shall have reasonable access through these gates to complete project work. Contractor shall be responsible for ensuring that gates are kept shut and locked at all times.

Pre-work Meeting: The contract will be administered by the Contracting Officer. The Contracting Officer will designate Contracting Officer’s Representatives (CORs) for the purpose of insuring compliance with the specifications and provisions of this contract.

Prior to commencement of work, the Contracting Officer or COR will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements and work progress schedule submitted with the bid package.

The Contractor shall designate in writing a person to act for them in their absence. The Contractor or their designated representative will be available on site or by telephone while work is in progress. In the absence of the Contractor, their authorized representative will act as required to keep the job in progress under terms of the contract. The presence of the COR on the job will not relieve the Contractor of responsibility of satisfactory performance.

The pre-work meeting may also include a technical familiarization phase. This will provide the Contractor with the opportunity to become acquainted with Forest Service protocol for marking leave trees and timber marking paint accountability procedures.

Performance Period: The performance period for this contract shall be 150 days from the award of the contract.

• The Contractor should complete the work in varied stages based on days.

• At least 50% of the work shall be completed by 50 work days from prework meeting.

• Contract should be completed in 150 days.

• Any contract extensions due to weather, fire, or other natural disturbances, must be approved by the Contracting Officer.

Government Furnished Property

1. Maps

2. Data recorder as needed.

3. Tree Marking Tracer Paint

4. Cruise Plans and Marking Guides

Contractor Furnished Items/Services: The Contractor shall provide all certifications, permits and licenses that may be required. The Contractor shall provide all labor, equipment, supplies, supervision, transportation, operating supplies, and incidentals necessary to complete the tasks/subtasks specified within the contract, except those supplies listed below in Government Furnished Property. Contractor will need items such as, but not limited to the list below to complete the work in this contract.

1. Hardhats and other safety gear

2. Equipment such as loggers’ tapes, prisms, cruisers vests, clip boards, pens, pencils and markers.

3. Paint guns that fit on quart size tree marking paint cans or other types of suitable paint sprayers.

4. Transportation.

Submittals: The Contractor shall provide information on past performance, technical capabilities, quality control plan, work plan and progress schedule with their proposal to allow the Government to evaluate each evaluation criteria. The Contractor shall provide and maintain a quality control plan and work plan throughout the life of this contract.

Documentation: The Contractor shall maintain a folder with the following information available in the field: records, materials, and other evidence regarding inspection, testing, and quality control for any work performed under this contract for examination, audit, or reproduction including a copy of the treatment area map with approximate locations of plots and shading of progress. The information should be reasonably available to the COR to inspect work and monitor performance.

Confidential Nature of Information and Conflicts of Interest: The Contractor shall not divulge and shall take all reasonable steps to ensure that no member of its organization divulges, any information concerning this timber data to any person other than those duly authorized representatives of the Contracting Officer.

In addition, neither the Contractor, his/her employees may be involved in bidding on any timber sales resulting from this contract.

2. DEFINITIONS

TERMS MEANING

Basal Area (BA) The cross-sectional area of a tree at DBH, used to determine stocking, typically expressed by the acre.

Basal Area Factor (BAF) The critical angle used to determine BA with a prism Butt Mark Butt marks are applied the same way for both leave tree marking and cut tree marking, sawtimber will have two butt marks and pulpwood will have one butt mark.

The butt mark shall be a concentration of paint at least 3 inches in diameter on the base of the tree at ground level on the downhill side. Butt marks shall be concentrated in cracks or crevices on the stump as much as possible.

Accumulations of debris (pine straw, moss, hardwood leaves) shall be kicked out of the way prior to application of the paint, and the paint shall cover both the base of the tree and the ground immediately joining the stump.

Cut Trees Trees which will be cut during harvest due to location within the unit or deformities.

Cut Tree Marking (CTM) A method of identifying the trees intended for removal in a sale unit during harvesting.

The trees are designated with at least two spots of paint – one at eye level and one or two butt marks depending on merchantability.

Diameter Breast Height (DBH) Diameter of the trunk of a tree measured 4.5 feet above the ground level on the uphill side of the tree. Measurements are rounded down to the nearest tenth of an inch.

Eye Level Mark Paint applied at eye level on a tree.

Eye Level Mark when Leave Tree Marking: Paint mark(s) will create a continuous band completely around the tree so that the marks can be seen from any direction within the sale unit.

Eye Level Mark when Cut Tree Marking: Paint mark(s) will be put on uphill side of the tree. The mark can be a 3” diameter spot or a horizontal or diagonal stripe. If stripes are used a minimum mark would be 2 inches in width and 6 inches long.

First Thinning The first time to harvest selected trees within an even-aged pine plantation stand.

GPS(Global Positioning System)

GPS receivers and methods commonly used to determine ground locations and calculate the horizontal area of polygons (sale units).

Inclusion An area greater than one acre in size that is significantly different from the surrounding stand, either by product, species, or density.

Leave Trees Trees which will not be cut during harvest due to size or spacing.

Leave Tree Marking (LTM) A method of identifying the trees intended to be left in a sale unit during harvesting. The trees are designated with a painted band or stripes on all sides at eye level and one or two butt marks depending on merchantability.

Red-cockaded Woodpecker

(RCW)

An endangered species of bird which nests in live pine trees, which can be identified by a small hole (< 2” diameter) at approximately 30’ high on the tree. There is usually sap running down the tree originating from points clustered around the hole.

Sale Unit Payment/Cutting unit in a tree measurement timber sale or a subdivision in a weight scale sale.

Sample Group Groupings within a Strata of similar trees for sampling purposes.

Sample Interval How often to measure a tree in each Sample Group/Strata combination. Used with sample tree cruising.

Sample Tree Cruising (STR) A method of measuring tree volume by taking a specific sample of the marked trees for measurement and recording.

Strata A subdivision of a population of trees which improves sampling error.

Timber Cruising The method by which volume estimations for timber are made based on tree count and measurement.

Contracting Officer’s Representative (COR). A Government representative designated by the Contracting Officer, to help the Contracting Officer with contract administration and surveillance.

Defective Service. A unit of service, which contains one or more defects, or nonconformance with, specified requirements.

Quality Assurance. Those actions taken by the Government to assure services meet the requirements of the Statement of Work (SOW).

Quality Assurance Surveillance Plan (QASP) an organized written document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the contractor.

Quality Control Plan. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the SOW.

Random Sampling. A sampling method in which each service output in a unit has an equal chance of being selected.

Work Plan--The work plan shall describe how the Contractor plans to perform the project and include methods, personnel, and equipment. This plan should include how the Contractor will provide for safety and whether the Contractor’s crew will be camping or commuting to the worksite. If the crew plans to camp, then the Contractor needs to include a plan to prevent fires and dispose of trash properly.

3. SPECIFIC UNIT SERVICES

Cut Tree Marking & Sample Tree Cruising – Sawtimber Thinnings, Shelterwoods, Seed trees, or Clear cuts: Trees to be cut within sale unit boundaries will be marked with blue, yellow, or green Tree Marking Tracer Paint (as identified in each individual Cruise Plan) with a properly applied butt marks and eye level mark.

In order to obtain the desired leave BA/acre, select and mark trees to be removed based on the description in the individual Cruise Plan or Marking guide. Special reserve trees such as heritage trees, hardwood mast trees, hardwood den trees, or certain species may be identified in the Cruise Plan to be left.

Sample Tree Cruising

• The Contractor shall perform Sample Tree Cruising in accordance with the R8 Qualified Cruiser

Training Guide, Timber Cruising Handbook (FSH 2409.12), and the Cruise Plan. The tally person shall not mark or cruise trees. Cruise trees will be flagged with flagging and have the measure tree number and other required information legibly written on it.

• The establishment of measure trees shall be by random number and by Government desired sample frequency. The Government will provide the random number list with the Cruise Plan. Measure trees shall be identified consecutively numbered by starting with number one in each unit.

• Where it is necessary for the Contractor to make changes in trees originally marked, the Contractor shall completely obliterate any markings (includes both eye level and butt marks) with black Tree Marking Tracer Paint as supplied by the Government, with no pay adjustment.

• All measure trees shall be recorded as specified in the Cruise Plan on a contractor or government furnished data recorder. The contractor is responsible for recording and storing data correctly and according to the cruise plan, and reviewing data for accuracy, legibility, and completeness. The Contractor shall audit all completed cruise records to ensure accuracy and completeness before delivery to the Contracting Officer. All incomplete and incorrect cruise data will be returned to the Contractor for completion and/or correction.

• A marking map shall be maintained with shading of progress. These maps shall be kept in a pre-sale folder. A Contractor’s Daily Diary recording the sale unit, crew names, amount and color of paint used, number of hours spent on the project including travel time, and field observations, such as location of old woods roads, log landings, or wet boggy areas, shall be kept daily and filed in the pre-sale folder. The pre-sale folder shall be always kept neat and orderly.

For cut treated stands the following requirements for marking trees apply:

• Tracer paint shall be sprayed in a pre-designated mark, unique to each marker on both sides of the tree to be cut at or above eye level.

• Stump marks, two on sawtimber and one on pulp, shall be at ground level, at the lowest point to the ground possible at the base of the tree. Often there will be a buildup of pine straw or other material which will need to be kicked out of the way to get to ground level. Stump marks are to be placed inside fluted portions of the stem, spots at least three inches in diameter is required.

• Visual Quality areas will be designated on maps. In these areas mark trees so they are not visible from the travel way and retain more trees closer to the view shed.

4. QUALITY ASSURANCE SURVEILLANCE PLAN

Government’s Quality Assurance Plan The Government will monitor progress to ensure that the Contractor is providing the quality promised in their Quality Control Plan and that work meets performance standards. Visual observation will be used.

The Government reserves the right, if deemed necessary to ensure compliance with the contract, to measure performance using standard forestry measurements (basal area plots, tree, and other measurements) to inspect contractor’s work.

Government inspections will be documented on Daily Diaries and placed in the contract file. Additional inspection forms, Basal Area check plots and check cruising forms will be used to document inspection elements and will be attached to Contract Daily Diaries. If work in part of an area does not meet the Acceptable Quality Level given above, a Notice of Non-Compliance will be issued to the Contractor.

The CO may issue other cure notices if work is not being performed in a timely manner or does not comply with contract specifications.

Upon completion of an area and notification by the Contractor, the COR shall make an overall inspection of that area. If a need for remedial work prior to acceptance is reflected by the COR’s overall inspection, by plot sample results, or check cruise measurement results, remedial work must be performed before the Contractor moves to the next area. If the inspection results in acceptance of the area, the Contractor may immediately proceed with work on the next area.

Inspection for Adherence to Timber Marking & Sample Tree Cruising

Timber Marking Cut trees or leave trees are selected as described in the Cruise Plan and are marked with a properly applied eye level mark and a butt mark. Trees marked must meet minimum specifications for the marked product.

Angelina/Sabine Ranger District Cut Tree Marking

Compartments Payment Unit

GIS Acres

91 1 509 acres 92 2 251 acres

Tree Selection and Leave BA- the Government will inspect trees selected for cut or leave. Tree selection should follow the description in the Cruise Plan at least 90% of the time. Leave BA/Acre should also average 90% of the designated leave BA as listed in the Cruise Plan.

If the above conditions are not met upon inspection by the COR, Contractor may be required to mark additional trees in the sale unit, and/or deduct trees with black tree marking tracer paint from the sale unit or remark the entire sale unit.

Sample Tree Cruising The Government will perform a Check Cruise on a minimum of 25 measured trees per sale area.

Measurements by the Check Cruiser will be compared to the measurements recorded by the Contractor.

Acceptable work will be determined with completion of the R8-FS-2400-61 Form and the R8-FS-2400- 62 Form. To pass this check, each item checked on the form must have at least 75 percent correct, and the overall accuracy must be 80 percent or above.

Final payment is contingent upon an acceptable Check Cruise on the sale as a whole.

Contractor’s Quality Control for Sample Tree Cruising: The Contractor is responsible for quality control and will, at a minimum, check 1 of every 5 measured trees throughout the completion of the sample tree units. Designate checked trees with blue flagging with species, DBH, total height and defect to ensure that marker measurements are within R8 Qualified Cruiser minimum standards. In addition, the Contractor will, at a minimum, check Basal Area (BA), tree selection, and marking quality for 1 plot per 5 acres using a 10 BAF prism to ensure that the target residual BA, tree selection, and other elements specified in the Cruise Plan are met. Blue flagging will be hung at each plot center with the marked basal area written on it and provide written documentation of the check to the COR in a manner that adequately demonstrates that the completed work meets the marking guidelines in the Cruise Plan.

Failure to meet cruise standards requires contractor adjustments or re-performance started within 24 hours.

TRACER PAINT ACCOUNTABILITY

General

The security of Tracer Paint cannot be emphasized too greatly. It is an extremely important link for the Forest Service to be successful at proving a trespass case on a timber sale.

Each District Ranger will designate a Property Custodian who will take responsibility of all phases of Tracer Paint security, from completing the order, until each can has been properly disposed. The District Ranger will also designate an Accountable Property Officer. These designations are in accordance with direction in FSH 2409.12.

Duties of Property Custodian, COR, and Marking Contractor

The Property Custodian is ultimately responsible for tracking all Tracer Paint, from the time it is ordered until the cans are properly disposed of, including ordering, receiving, checking, inventorying, distribution, securing storage, and disposal of empty cans.

The Property Custodian will ensure that COR’s trained in the procedures and importance of accountability. Contracting Officer’s Representatives will discuss with and impress upon the Contractor, the importance of the security and accountability procedures required of them.

Once a paint transaction has been checked for completeness and proper exchange, it shall be added to the inventory forms and secured in the Contractor’s approved paint storage containers. Any missing or unaccounted for paint cans could result in a charge of $250.00 per can to the Contractor and will be investigated by law enforcement.

Training

The Contractor’s and his employees shall be instructed in the proper safety, use, and security of Tracer Paint. Instruction will include the following:

View the “Tree Marking Paint” video.

Review the Job Hazard Analysis for Tracer Paint.

Review the Tracer Paint Accountability Plan.

Discuss with the COR and understand the following:

Accountability procedures.

Proper security measures for transporting Tracer Paint.

What to do if cans are missing.

How to identify and report suspicious situations.

How to properly mark a tree.

Paint Storage

The COR will ensure that all individuals checking out Tracer Paint have the ability to secure the paint at all times while the paint is out of the Forest Service Tracer Paint storage facility. Tracer Paint will not be issued to anyone who does not have the capability to secure the paint in the field. Tree marking paint will be stored in secure containers (building, vehicle, toolbox, etc.)

The Contractor’s paint storage containers will be inspected and approved for compliance with security measures prior to paint being issued to the Contractor. Storage containers shall be constructed of strong materials, with locking mechanisms that cannot be easily compromised. Containers must be anchored (if applicable) and have secured doors, windows, and lids, with hinges to the inside or welded to prevent theft of the paint or the container itself.

Tracer Paint containers will be locked at all times, while not under direct surveillance of the Contractor or his employees.

Tracer Paint Security While in the Field

Security of Tracer Paint is most vulnerable from the time it is checked out for field use, until it is returned and accounted for. It is most important during this time for the paint to be properly transported, stored, and used in the field.

If paint is not “on the person” of the contractor or his/her employees involved with the tree marking contract, all paint will be stored in secure containers which will be locked at all times.

The Contractor will keep track of the tracer paint used each day via the “NFGT Standardized Tree Marking Contractor’s Daily Paint Accountability Log” form. At the end of each day, and when additional paint is issued, the proper number of empties must be accounted for.

Returning Used and Unused Paint Containers to the COR

The Contractor will return all unused paint and empty cans to the Forest Service secured paint storage facility on a weekly basis in coordination with the Paint Custodian. All paint shall be accounted for by the COR and Contractor.

All unused paint and empty cans will be returned to the COR at the Forest Service storage facility and accounted for by inventory methods. The Contractor shall provide the COR with the required documentation, recorded on the “NFGT Standardized Tree Marking Contractor’s Daily Paint Accountability Log”, prior to the COR approving any final Payment Invoice.

Lost Paint Procedure

Any missing or unaccounted for paint cans could result in a charge of $500.00 per can to the Contractor and will be investigated by law enforcement.

Paint Lost From Storage

Any time the inventory does not match the inventory sheets; check past and present inventory sheet figures in an effort to locate a possible math error or where the discrepancy occurred. If the paint cannot be accounted for:

Immediately perform a complete audit of all paint in storage, including paint stored in vehicles. If procedures have been followed, this audit should identify the person who lost the paint or verify that a theft has occurred from the paint storage facility.

If a theft from the storage area is indicated, immediately notify the COR and the COR will notify the District Law Enforcement Officer (LEO).

The Contractor, COR and Property Custodian will write up separate statements. The Property Custodian will send it to the Forest Supervisor’s Office (S.O.) Timber Management.

Paint Lost in the Field

If all Tracer Paint cans are not accounted for at the end of the day:

1. An immediate inventory will be conducted to determine which employee lost the paint.

2. Prior to the crew leaving the area, a search will be conducted of the area in which the employee was working.

If the lost paint is not found:

1. The Contractor will provide a written statement to the COR addressing the circumstances involved in the loss. Statements involving lost Tracer Paint must include the following information:

Brand of paint (manufacturer) Batch number Date of manufacture Color of paint Type of can (quart, aerosol etc.)

Was the can(s) full, partially full, or empty Circumstances and location of loss

If lost on a timber sale, COR will include all information in the presale or administration folder as appropriate.

2. The COR will immediately notify the Property Custodian. The Property Custodian will notify the Law Enforcement Officer, District Ranger and S.O. Timber Management as soon as possible.

3. S.O. Timber Management will involve Law Enforcement and determine investigation procedures.

Tree Marking Contractor’s Daily Paint Accountability Log

District: Date Received:

Color: Date Returned:

Batch #: Quantity Issued: Issued By:

(1 Batch # per sheet)

(Additional log pages inserted here)

DATE TREATMENT AREA

UNIT NUMBERS

MARKED TODAY

(Treatment Area No.)

PAINT USED

(Quarts)

Contractor’s Paint Accountability Log*

ISSUE: Full Containers

Paint Color: Batch # Quantity Issued:

Size of containers: Date: Quart Cans

Issued by (signature)

Date:

Received by (signature)

RETURNED: Full and Partials containers

Paint Color: Batch # Quantity Returned:

Size of containers: Date: Quart Cans

Issued by (signature)

Date:

Received by (signature)

RETURNED: Empty containers

Paint Color: Batch # Used Quantity Returned:

Size of containers: Date:

Quart Cans

Issued by (signature)

Date:

Received by (signature)

*Use 1 log sheet per batch number Note: Please sign name so signature is legible.

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023) (Provision) Addenda to provision 52.212-1:

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

1) Offerors must 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 technical proposal shall include:

i) Past Performance – provide a list of similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). 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. In the event that there is no past performance information available, the offeror will receive a neutral rating in this factor.

ii) Technical Capability – Provide a list of equipment and key personnel (with qualifications) that will be used to complete this project.

b) Price Proposal – Include the following: 1) the completed Schedule of Items from Section B of this solicitation, and 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.209-7, 52.212-3, and Employment of Eligible Workers-Workforce Certification found in paragraph x of this solicitation and include a copy with your offer.

3) Submit offer by email to jason.king2@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 attachments (Technical Proposal, Price Proposal, and Representations and Certifications) in Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from Jason King.

4) Address questions about this solicitation to Jason King at jason.king2@usda.gov .

National Grasslands and Forest in Texas Angelina/Sabine Ranger District Cut Tree RFQ 12363N23Q4253 https://www.sam.gov/SAM/ mailto:jason.king2@usda.gov mailto:jason.king2@usda.gov

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Cost to the Government is not expected to be the controlling factor in the selection of a contractor for this solicitation. The degree of importance of price as a factor could become greater depending upon the quality of the offers for the other factors evaluated.

The following factors shall be used to evaluate offers:

• Past Performance

• Experience/Qualifications

• Technical Capability (equipment, personnel, etc…)

• Price

The Government may perform a comparative evaluation (comparing offers to each other) to select the contractor that provides the best value, considering the evaluation factors in this solicitation.

Technical capability, experience and past performance, when combined are more important than price.

(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.

This solicitation will result in a firm, fixed price contract. The Government will offer a contract to the Offeror whose proposal results in the best value as determined by the Forest Service.

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

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision)

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

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

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

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (DEC 2022) (DEVIATION DEC 2022) (DEVIATION NOV 2022) (Provision)

[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 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.

DEVIATION NOV 2022] Offerors that are representing as joint ventures should submit their socio-economic status in the space provided above until such time that SAM.gov has been updated to include the joint venture representations contained within provision 52.212-3 paragraph (c).

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.]

National Grasslands and Forest in Texas Angelina/Sabine Ranger District Cut Tree RFQ 12363N23Q4253 https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf file:///C:%5CUsers%5Cmelissaajohnson%5CDownloads%5C(DEVIATION%20NOV%202022)%20%E2%80%93%20Offerors%20that%20are%20representing%20as%20joint%20ventures%20should%20submit%20their%20socio-economic%20status%20in%20the%20space%20provided%20above%20until%20such%20time%20that%20SAM.gov%20has%20been%20updated%20to%20include%20the%20joint%20venture%20representations%20contained%20within file:///C:%5CUsers%5Cmelissaajohnson%5CDownloads%5C(DEVIATION%20NOV%202022)%20%E2%80%93%20Offerors%20that%20are%20representing%20as%20joint%20ventures%20should%20submit%20their%20socio-economic%20status%20in%20the%20space%20provided%20above%20until%20such%20time%20that%20SAM.gov%20has%20been%20updated%20to%20include%20the%20joint%20venture%20representations%20contained%20within 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 https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

Employment of Eligible Workers - Workforce Certification (Provision)

Contractors are required to provide certification under this solicitation in compliance with the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) and Farm Labor Contractor (FLC) Certificate of Registration requirements describing the workforce they will utilize to fulfill the contract requirements under this solicitation and any resulting contract. If the Contractor will supply workers under the H-2B Program, the Contractor is required to provide a copy of the Temporary Employment Certificate issued by DOL.

Subcontractors are bound by the same requirements for licenses and permits under this contract. If a Prime Contractor identifies a Subcontractor as part of their workforce to accomplish the work under this solicitation, the Prime Contractor shall submit the Subcontractor's signed certification with their response to the solicitation.

H-2B Workers: (http://www.foreignlaborcert.doleta.gov/)

Company certifies it will not be utilizing H2B Workers under any resulting contract of this solicitation.

Company will be utilizing H2B Workers (under any resulting contract of this solicitation. Provide a copy of Temporary Employment Certificate.) MSPA Workers: (http://www.dol.gov/whd/mspa/)

Company certifies it will not be utilizing MSPA workers under any resulting contract of this solicitation.

Certifies has valid FLC certificate of registration. (Attach a copy of current certification.) Authorization includes:

Transporting workers

Driving

Housing workers

Company has applied for a Certificate of Registration on ______________ .

Contractors not currently having obtained a certificate (for each partner, if partnership) will be requested to furnish proof of having obtained a Certificate of Registration prior to award of contract. If the contractor does not provide the required Certificate in a reasonable timeframe, the contractor will not be eligible for the contract award. Partnerships must furnish proof of registration of their assumed business name, if any, with the State of registration.

State of ______________ No.______________

Information about licensing requirements and procedures may be obtained from the following:

National Grasslands and Forest in Texas Angelina/Sabine Ranger District Cut Tree RFQ 12363N23Q4253 http://www.foreignlaborcert.doleta.gov/ http://www.dol.gov/whd/mspa/

I, on behalf of said Company, certify to the above responses.

SIGNATURE: DATE:

PRINTED NAME: TITLE:

(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEC 2022) (DEVIATION 2017-1)

Addenda to 52.212-4:

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (JUN 2023) (DEVIATION 2017-

1, DEVIATION DEC 2022)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C.3903 and 10 U.S.C. 3801)

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

(7) 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…