Rescue Squint Mechanical UFR _12363N22Q4063.docx

Combined Synopsis/Solicitation Solicitation Number: 12363N22Q4063

RESCUE SQUINT MECHANICAL UFR

Dated: 08/26/2022

This order is a request for quotations (RFQ). The document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2022-04/01-30-2022.

The associated North American Industrial Classification System (NAICS) code for this procurement is 115310, Forestry Support Activities a small business size standard of $20.5 Million.

Contracting Office Zip Code: 55808-1102 (Duluth, MN) Product Service Code: F999 – Natural Resources/conservation- Other Contracting Office Address: 1400 Independence Ave., S.W.; MS-1138; Washington, DC 20250 Set Aside: None. Full & Open.

All interested companies shall provide quotations for the following:

Commercial Item – Service Superior National Forest St. Louis County, MN

SCHEDULE OF ITEMS

Period of performance October 1, 2022 to May 31st, 2023 No operations between November 15th and April 15th on the Squint unit unless otherwise agreed to in writing with Forest Service.

Total: ______________

*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.

Quoter Information

Prices Submitted By

Email:

SUBMITTING QUOTE/STATEMENT OF WORK:

SCOPE OF WORK:

C. 1.0 SCOPE - The Superior National Forests anticipates awarding a contract to facilitate the reduction of hazardous fuels.

C. 2.0 LOCATION of PROJECT AREA - Project will is located on Forest Service lands within the Superior National Forest located in Minnesota.

C. 3.0 CONTRACTOR FURNISHED PROPERTY and SERVICES - Contractor will provide an experienced operator, all equipment, fuel, materials, labor, supervision, incidentals, transportation of equipment to and from the job site, and service vehicle as needed per each CLIN(s) that were proposed.

C. 4.0 DESCRIPTION of WORK

A. 4.4 - Mechanical Fuels Reduction

A. Mechanically redistribute dead and down woody material:

1. Mechanized equipment would be used to pile woody material located in gravel pits, harvested areas, and within stands to consolidate smaller piles into larger piles.

2. The piles would generally be constructed with smaller material on the bottom and larger material on top.

3. Piles should also be free of soil as working conditions allow.

4. Pile size would be dictated by the distance from adjacent trees to avoid heat scorch to these trees.

5. The shape of the piles would be constructed in a "pyramid" shape.

6. The materials can be piled through a variety of mechanisms but generally done using an excavator.

B. Mechanically masticate upland material:

1. Balsam Fir will generally be the targeted species for treatment and will be all inclusive inside the cutting unit unless otherwise specified in the task order.

2. Mechanically chop and/or cut hardwood brush material up to 6 inches diameter at breast height (DBH).

3. Non-targeted species would be identified and protected from damage during the treatment of targeted species.

4. The treated height of hardwood brush will generally be less than 12 inches.

C. Mechanically masticate lowland material:

1. Mechanically chop and/or cut hardwood brush material up to 6 inches DBH, as designated in the Task Order.

2. Speckled Alder, Willow and Aspen are generally the targeted species for treatment.

3. Non-targeted species such as Black Ash would be identified and protected from damage during the treatment of targeted species.

4. The height of treated hardwood brush material will generally be less than 12 inches.

5. Ground terrain of treatment units can vary from upland dry to lowland wet.

6. To minimize soil disturbance, treatment of lowland wet sites will take place during frozen conditions. The Contracting Officer or his/her Representative will determine when frozen conditions are adequate for operations.

7. Some snow accumulation is anticipated and will vary by year. The Contractor would be responsible for snow plowing a portion of the route into the project area for a length they deem necessary to unload their equipment and maintain their equipment.

D. Mechanically crush woody material:

1. Mechanically crush woody material with either a rubber tire oscillating or track vehicle.

2. The hazardous fuels targeted would be all live and dead balsam fir and dead standing Paper Birch.

3. A majority of the treated material would be positioned within 36 inches of the ground.

C. 5.0 SPECIFICATIONS and GENERAL REQUIREMENTS

A. Do not operate equipment during periods of extreme wet conditions per the discretion of the Contracting Officer or his/her Representative.

B. On slopes greater than 18 percent, equipment can only operate parallel to the slope.

C. A pre-operational meeting with either the Contracting Officer, his/her Representative, or a Government Representative will be required with the Contractor before implementing projects, unless specified otherwise by the Contracting Officer or his/her Representative.

D. In every case, the operator shall avoid damaging any improvements including but not limited to; fences, gates, power poles, and survey monuments. The Contractor will be responsible for repair and/or replacement of any damaged improvements.

E. Do not operate equipment in a manner that is unsafe or could damage the equipment. The Contractor shall be responsible for any damage to the equipment caused by improper operation or negligence.

F. Unworkable areas may include but are not limited to; riparian areas, rock outcrops, areas of dense standing trees, and naturally wet areas. (which do not lend themselves to equipment work) Equipment can only operate in riparian areas during frozen conditions. Equipment can operate in riparian areas in the summer for equipment crossing purposes only. Unworkable areas may be left after agreement by the Contracting Officer or his/her Representative.

G. "Equipment" includes all; dozers, tracked engines, skidders, excavators, water tenders, and any other equipment that may visit the site.

H. Noxious weeds:

1. The Contractor shall arrive at the operating unit with the equipment washed and free of noxious weed seeds.

2. The Contractor shall not move any Off-Road equipment which last operated in an area that is infested with one or more invasive species of concern to an uninfected area(s) without having taking reasonable measures to make each piece of equipment free of soil, seeds, vegetative matter or other debris that could contain or hold seeds.

3. No equipment cleaning is required if the Contractor avoids operating in a weed infestation at the infested site.

C. 6.0 EQUIPMENT REQUIREMENTS

A. Equipment shall meet all standards established by specification or incorporated by reference, and shall be maintained in good repair by the Contractor.

B. The minimum requirement for tracked equipment hired under this contract is track pads having a grouser bar minimum of 1.5 inches in good condition.

C. 6.1 - Equipment Typing

Contractor Provided Equipment as shown below, are examples of some of the types of equipment needed to accomplish the work for each CLIN proposed. This is not an all-inclusive list.

A. DOZERS

B. EXCAVATORS

Type 3 - Type 2 - Type 1 -

81HP-110HP

111HP-155HP

156+ HP

C. WATER TENDERS

Tactical Type 2 - 2000

Yes

D. TRANSPORTS

Type 3 - Type 2 - Type 1 -rated at loads up to 35,000 lbs. rated at loads 35,001 to 50,000 lbs. rated at loads over 50,001 lbs.

E. RUBBER TIRE SKIDDER

Type 3 - Type 2 - Type 1 -

60- 99 HP rating 100-175 HP rating 176+ HP rating

F. CHIPPER (Commercial Grade)

C. 6.2 - Equipment Requirements

All equipment shall have:

A. Carrier Insurance as required by 49 CFR 387.7. (applicable for transports when hauling another vendor's equipment)

B. An audible reverse warning device (backup alarm) of 89 decibel or greater measured at 5 feet behind and in the center of the equipment.

C. A fire extinguisher: Multi-purpose 2A 10BC that is securely mounted to the vehicle and accessible by the operator. The fire extinguisher shall have a current annual inspection tag and the annual maintenance tag in regards to a six year annual inspection and every twelve years regarding a hydro test on all dry powder, metal fire extinguishers.

D. Axe or Pulaski and shovel when on an ACTIVE fireline.

E. Forest Service approved spark arrester on all naturally aspirated engines.

F. All guards shall be in place and in functional condition (i.e. engine compartment) (applicable for heavy equipment).

G. Radiator protection (applicable for heavy equipment).

H. Seat belts.

I. Flashlight.

J. Water, I gallon drinking.

K. 5 person first aid kit.

L. Personal Protective Equipment (PPE). Contractor shall be responsible for ensuring all personnel arrive at the incident with the proper Personal Protective Clothing and Equipment as described in the agreement. Contractor shall be responsible for ensuring the Personal Protective Equipment is operable and maintained in good repair throughout the duration of any assignment. Personal Protective Clothing will be maintained in good repair, and be cleaned at sufficient intervals to preclude unsafe working conditions. All personnel shall be wearing Personal Protective Clothing, including boots, upon arrival at the incident.

M. All equipment under this solicitation must have a factory installed cab or aftermarket cab system that meets or exceeds the original factory cab for operator protection. The protective canopy shall meet all applicable Federal and State (the State where equipment is registered) safety standards (per OSHA, 29 CFR 1910.266) and must have operator protection, to protect the operator from injury due to falling trees, limbs, saplings or branches which might enter the compartment side areas and from snapping winch lines or other objects. Deflectors, which may be part of the cab, shall be installed in front of the operator area to deflect whipping saplings and branches. Deflectors shall be located so as not to impede visibility and access to the cab. Modification of factory ROPS/FOPS (Cutting/Welding) and any aftermarket ROPS/FOPS requires certification to ISO 3471/8082, or SAE J 1040/231.

N. Underbody protection (belly pan, rock guards unless not recommended by manufacturer

C. 6.3 - Dozers

In addition to C. 6.2, dozers shall have:

A. Factory installed Roll Over Protection Structures (ROPS) and Falling Object Protective Structures (FOPS) meeting the standards set forth by OSHA for Forestry work for the year that the machine was constructed is required. At no time will a machine that does not have a factory FOPS/ROPS system be hired. A manufacturer's nameplate certifying the operator enclosure or alternative documentation that the cab meets these provisions is required.

B. Operator Protection shall meet all applicable Federal and State (the State where equipment is registered) logging safety standards (per OSHA, 29 CFR 1910.266) and must have operator protection, such as a Forestry cab package with wire mesh or safety glazing that provides equivalent protection. The rear portion of the cab shall be fully enclosed with open mesh material or heavy Polycarbonate material capable of withstanding a broken winch line or jill poke, with openings of such size as to reject the entrance of an object larger than two inches in diameter. The covering if installed, shall be affixed to the structural members so that ample clearance will be provided between the screen and the back of the operator and shall provide maximum rearward visibility. If using open mesh, it shall extend forward from the rear comers of the cab sides as far as possible; or at a minimum at least even with the operators chest. If the tank, as mounted, provides equivalent guarding for the operator, then no additional mesh or window glazing is needed. Polycarbonate windows are not "glass" but may be acceptable as a standalone window guard. An example of this type of Polycarbonate would be found on a Factory Feller Buncher cab. Any machine cab meeting ISO 8084 or SAE J1084 fulfills this requirement.

C. Lighting {Minimum 2 rear, 2 forward). Factory equipped lighting must be operational. All attachments to the parent machine must be illuminated for night operations. Lights must be mounted to the equipment in such a way to provide protection from damage and provide illumination beyond the blade or working area.

D. Cable blades ARE NOT ACCEPTABLE.

E. Winch Minimum Standards. (If equipped)

1. All winches must be able to rescue the parent Dozer that it is mounted upon.

2. Winches must have a minimum bare drum rating of the weight of the parent machine+ 20 percent and be equipped with a minimum of 50 feet of cable or wire rope minimally rated at this cumulative weight.

C. 6.4 - Excavators

In addition to C.6.2. excavators shall have:

A. Note - 360 Degree Swing machines (Excavators, Feller Bunchers, Etc.) are not required to have ROPS as the boom is recognized as the ROPS structure. 360 degree swing machines shall have a factory enclosed cab constructed to OSHA standards at the time of manufacture. All machines that use attachments that have potential for chain shot or cutting tooth damage to the operator area must have protective glazing (Polycarbonate) to protect the operator. Excavators must have protective screen or bars over the front of the cab acting as a deflector of brush and branches.

B. Lighting. 360 degree swing machines such as Excavators/Feller Bunchers require two forward. Factory equipped lighting must be operational. All attachments to the parent machine must be illuminated for night operations. Lights must be mounted to the equipment in such a way to provide protection from damage and provide illumination beyond the blade, bucket/thumb, or working area.

C. Hydraulic thumb or clamshell.

D. Steel Tracks.

E. Machines must meet state and federal safety regulations.

C. 6.5 - Other track or rubber tire equipment

In addition to C.6.2. the equipment shall have:

A. Rollover Protective Structure (ROPS) meeting ISO 3471, ISO 8082, or SAEJ 1040. A manufacturer's nameplate certifying the operator enclosure or alternative documentation that the cab meets these provisions is required. Modification of factory ROPS/FOPS (Cutting/Welding) and any aftermarket ROPS/FOPS requires certification to ISO 3471, ISO 8082, or SAEJ 1040.

B. Operator Protection System: Equipment shall meet all applicable Federal and State logging safety standards and must have operator protection, such as a Forestry cab package with wire mesh or safety glazing that provides equivalent protection.

C. Lighting (1 rear, 2 forward): Lights shall be mounted to the equipment in such a way to provide protection from damage and provide illumination beyond the blade.

C. 6.6 - Transports

In addition to C.6.2. transports shall have:

A. Heavy equipment transport operators are responsible for following DOT standards while in transit and adhere to legal weights, laws and limits pertaining to the transport of heavy equipment while under hire. Transport operators may be required to transport loads of up to the maximum gross vehicle weight rating (GVWR) of the tractor-trailer combination on steep, poorly maintained roads. Operators should expect to drive on secondary roads with grades of up to fifteen percent, with close radius switchbacks and road surfaces of natural material. Truck and trailer shall be capable of working on secondary Forest/Range roads with adequate tractor horsepower and trailer clearance to excel in this environment. Operators may haul dozers, road graders excavators and logging equipment while under hire and must understand load securement and tractor-trailer limitations. Operator is responsible for meeting all State requirements, such as weight restrictions and hauling permits. All special permits are the responsibility of the Operator.

B. If transporting equipment as a for hire motor carrier, all transports shall have Carrier Insurance as required by 49 CFR 387 (Minimum levels ofresponsibility for motor carriers) and have Cargo Insurance commensurate with the types of cargo that is being hauled.

C. 7.0 PERSONAL PROTECTIVE CLOTHING AND EQUIPMENT

A. While prepping the unit for burning, Contract personnel at a minimum, will wear the following:

1. Hearing and Eye protection

2. Long sleeve shirt and pants

3. Leather boots and gloves

4. Hardhat

C.8.0 TRANSPORTATION

A. The Contractor is responsible for transporting the heavy equipment to and from the project site. Transports shall have current DOT certification as required by state law.

B. Contractor is responsible for compliance with the following:

1. Meeting all state and federal requirements,

2. All special permits;

C. The Contractor will be paid one-way mobilization costs, at the hourly rate, from his/her home base unit to the operating unit but no more than that distance. Demobilization costs from operating unit back to the home base unit will be the responsibility of the Contractor.

D. In the event of the Contractor being released from the operating unit due to a no-go or a call off of an active prescribed burn operation, resulting in less than 4 hours worked, then the Contractor will receive a guarantee of 4 hours paid at the hourly rate.

C.8.1 - Tires shall have load rating in accordance with the vehicle GVWR:

All tires on the vehicles, which includes the spare tire, if required, shall have sound sidewalls, body, and tire tread depth of a minimum of 2/32 inch for rear tires and 4/32 inch for steering axle tires.

C.8.2 - Prohibited Marking:

Federal regulations prohibit the use of official agency shields or markings on private vehicles or property.

IO

C.9.0 PERSONNEL REQUIREMENTS

A. Contractors shall comply with the Fair Labor Standards Act when employing persons less than 18 years of age (Ref. 29 CFR 570).

B. In addition to the personnel requirements stated in section C. 4.2.B; all heavy equipment operators shall provide documentation for:

1. Proof of annually passing the light walk test at the time of pre-use inspection.

(The light walk test is a physical fitness test that requires the operator to walk one mile on level ground in sixteen minutes or less. The company can self-certify their operators have passed the light walk test. Self- certification must be in writing, including operator name, date of testing and company information.)

2. Contractors and operators on active bums shall be at least 18 years old.

C. 10.0 EQUIPMENT RELIABILITY

A. The Contractor shall provide dependable equipment that meets all applicable state and federal laws relating to motor vehicles and equipment.

B. The Government reserves the right to conduct inspections at any time on equipment and actual work on the project.

C. 11.0 CONTRACTOR'S REPRESENTATIVE - Unless otherwise designated, the operator(s) shall be considered the Contractor's Representative for this Agreement.

C. 12.0 FIRST AID, MEDICAL COVERAGE AND EMERGENCY EVACUATIONS

B. 12.1 - The Contractor is financially responsible for employee medical expenses and coverage:

A. The Government may provide first aid at the incident at no charge to the Contractor. Any other medical expenses incurred will be the responsibility of the Contractor.

B. If contractor personnel become ill or are injured and incident transportation is not available, the Government may evacuate or transport the injured/ill person(s) to a medical facility/hospital utilizing a commercial source (e.g. ambulance or air transport such as Life flight). Commercial transport costs will be the responsibility of the Contractor.

C. 13.0 EQUIPMENT INSPECTION - All resources furnished under this agreement shall be in acceptable condition.

A. The Government reserves the right to reject resources that are not in safe and operable condition. Prior to incident use or anytime the resource used for prescribed fire operations is under hire, the Government will perform inspections utilizing form OF-296 "Vehicle/Heavy Equipment Safety Inspection Checklist" to insure compliance with the Agreement requirements. The Contractor shall provide proof of insurance (cab card) and a current vehicle registration.

B. Each item of equipment will be inspected by the Government at the time of delivery to the job site. Any item not meeting contract specifications and requirements will be rejected.

C.13.1 - Breakdowns

After the initial inspection. if a piece of equipment becomes inoperative, the Contractor shall take immediate action to restore the unit to a satisfactory operating condition or furnish an acceptable substitute unit by the start of the second consecutive work day following the breakdown if applicable.

A. If in the opinion of the Government a breakdown, or breakdowns, makes further work impractical, work will be stopped for the day.

B. Any costs incurred from breakdowns are the responsibility of the Contractor.

C. If the resource does not pass inspection, no payment will be made for travel to the incident, or point of inspection, or return to the point of hire, or for the time that the resource was not available.

C. 14.0 OPERATING SUPPLIES - Even though this agreement may specify that all operating supplies are to be furnished by the Contractor, the Government may, at its option, elect to furnish such supplies when necessary to keep the resource operating. The Contractor will reimburse the Government for the actual cost of the supplies furnished.

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 (Nov 2021)

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 (MAY 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) 52.233-3, 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 products and commercial services:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

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

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_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 . (NOV 2021) ( 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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer ) ( 15 U.S.C. 657a).

__ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

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

__ (ii) Alternate I (MAR 2020) of 52.219-7.

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

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

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

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

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

__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) ( 15 U.S.C. 637s).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) ( 15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) ( 15 U.S.C. 632(a)(2)).

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

_X_ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

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

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

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (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.

_X_ (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 (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (NOV 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 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 (NOV 2021) ( 41 U.S.C. chapter 83).

_X_ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 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 (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 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 (FEB 2021).

_X_ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 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 (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

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

[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).

_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

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

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

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

(1) The Comptroller General of the United States , or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor ’s directly pertinent records involving transactions related to this contract .

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

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

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

(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 (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -Requirements (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 (NOV 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

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

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

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

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

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

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.”

Note: The above provision does not preclude expected quoter to be supplied any or all known regulatory certifications, permits, etc. to legally conduct stewardship work under this request for quote, should award be made. All expected quoters are encouraged to know the Federal and local prevailing labor laws and inspection standards for stewardship work within the State in which award is to be made. This is to include all known Farm Labor permits and timely submission for H2B-1 and Migrant Seasonal Worker Protection personnel. All posters and mandatory DOL and OSHA inspection criteria to be posted within the public work area for all workers free access may be obtained form DOL and OSHA via online downloads. The Government does not guarantee access nor full distribution of these items to the prospective awarded contractor.

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

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

Provisions FAR 52.212-2 Evaluation-Commercial Items. (NOV 2021)

(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 ____equal___ to 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.

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

Attachments:

1. Attachment A: Rescue_Squint_Specifications

2. Attachment B: Wage Determination 1979_1073

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

4. Attachment D: FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Nov 2021)

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.

2. Technical Package – Addressing all evaluation factors and subfactors.

a. Refer to: Attachment C – FAR 52.212-1 Commercial Items (Addenda)

3. If applicable, Attachment 3: FAR 52.212-3 Offeror Representations and Certifications.

Closing Date/Time: 9 September 2022, Time: 2:30 PM (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. Technical Package

c. 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.