RFQ 127EAS22Q0059 Completed Combo Document w Attachs.pdf

127EAS22Q0059

Southwest Zone

Eldorado National Forest Toilet Pumping

COMMERCIAL COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial services prepared in accordance with (IAW) the format prescribed in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation 127EAS22Q0059 is issued as a request for quote (RFQ).

This procurement is being issued as a 100% SMALL BUSINESS SET ASIDE.

North American Industrial Classification Standard (NAICS) 562910, Size standard of $8 Million.

This solicitation document incorporates provisions and clauses of those in effect through Federal Acquisition Circular 2022-06 and Agriculture Acquisition Regulation (AGAR) last updated 29 March 2021. The result of this requirement will be a firm fixed priced (FFP) contract.

The period of performance of this contract is 12 months from the date of award.

An official site visit is not scheduled for this requirement. Most Forest Service land is open to the public and available for contractors to self-view sites.

ATTACHMENTS:

1. Statement of Work (SOW)

2. Schedule of Items (SOI)

3. Evaluation Criteria

4. RFQ Provisions and Clauses

5. Wage Determination

6. Maps

CONTRACTOR MUST SUBMIT:

1. Completed and Signed SOI

• Please see evaluation criteria attachment for further information.

All questions pertaining to this acquisition shall be asked no later than Monday, 25 July 2022 at 10:00AM, PST. Questions shall be sent to Perry Rinato via email at perry.rinato@usda.gov. Email must be titled, “127EAS22Q0059– RFQ Question”.

It is the responsibility of the offeror to view the website for any changes or amendments to this RFQ.

Quotes are due to Perry Rinato via email at perry.rinato@usda.gov no later than Monday, 1 August 2022 at 10:00AM, PST. Quote emails must be titled, “127EAS22Q0059 – RFQ Submission”.

Attachment 1: Statement of Work (SOW)

Statement of Work

Scope of Work

Description of Services:

The Contractor shall furnish all tools, equipment, material, transportation, personnel, labor, supervision, and management necessary to provide toilet pumping services at each facility listed in this document for the Eldorado National Forest.

Scope:

The contractor shall pump, remove all debris, wash down, cleanup, disinfect, and dispose of all waste products removed from the vaults/holding tanks. Debris may include, but is not limited to cans, bottles, rocks, sticks/logs, animal parts, clothing, plastic bags, metal products, toilet paper rolls/dispensers, tools, diapers, sanitary napkins, and other miscellaneous trash. If the bottom of the vault is flat, waste shall be removed down to within 4-5 inches from the bottom. If the bottom of the vault is sloped, waste shall be removed until the suction hose begins to suck too much air to make further pumping practical. Any spilled waste must be cleaned by the contractor prior to leaving the work area. The contractor shall inspect for any damage and notify the Contracting Officer Representative (COR) immediately of suspected damage.

Contractor Responsibility:

The Contractor shall provide all equipment, supplies, transportation, labor, and supervision--necessary to remove and dispose of effluent, and to clean all spilled materials (as a result of pumping and related activities) inside and/or surrounding each toilet building.

Project Location & Description Location:

The project is located on the Eldorado National Forest – Pacific and Placerville Ranger Districts. The following are the locations are as follows:

- Airport Flat Campground is located approximately 15 miles north of Crystal Ranger Station along Ice House Road. This area is located in Section 11, Township 13 N., Range 14 E., M.D.M

- Azalea Cove Campground is located approximately 3 miles northwest of the Crystal Ranger Station - north of Sunset Campground on the paved bike trail (vehicles permitted for cleaning). The legal description is Section 22, Township 12 N., Range 14 E., M.D.M.

- Big Hill Lookout is located approximately 3 miles west of the Crystal Ranger Station on Big Hill access road (paved FSR 11N58). The legal location is Section 33, Township 12 North, Range 14 E., M.D.M.

- Camino Cove Campground is located approximately 11 miles northwest of Crystal Ranger

Station along Union Valley Road. The legal location is Section 17, Township 12 N., Range 14 E., M.D.M.

- Ice House Boat Ramp is located near Ice House Reservoir. Access is via Highway 50, 23

Eldorado National Forest Toilet Pumping miles east of Placerville, California, then 11 miles north on the paved Ice House Road and one mile east on the paved Ice House-Wrights Lake Tie Road. The legal description is Section 1, Township 12 N., Range 14 E M.D.M.

- Jones Fork Campground is located approximately 2 miles north of Crystal Ranger Station along Ice House Road. The legal description of this location is Section 26, Township 12 N., Range 14 E., M.D.M.

- Lone Rock Campground is located approximately 3 miles northwest of the Crystal Ranger Station - north of Sunset Campground on the paved bike trail (vehicles permitted for cleaning). The legal description is Section 22, Township 12 N., Range 14 E., M.D.M.

- Loon Lake Chalet is located approximately 20 miles north of Crystal Ranger Station along Ice House Road. The legal description is Section 7, Township 13 N., Range 15 E., M.D.M.

- Loon Lake Undeveloped Boat Ramp is located approximately 20.5 miles north of Crystal Ranger Station along the Ice House Road. The legal description is Township 13N. Range 15E., Section 7, M.D.M

- Northwind Campground is located approximately 5 miles southeast of Crystal Ranger Station along Wrights Lake Tie Road. The legal location is Section 6, Township 11 N., Range 15 E., M.D.M.

- Robb’s Hut is located off of Highway 50 east 21 miles from Placerville (8.5 miles east of Pollock Pines). Left on Ice House Road north 23 miles. Turn left on Robbs Peak road (13N31). Go 2 miles on dirt road and turn right at the fork. Travel 2/3 of a mile to the locked gate (combination provided by Forest Service) and continue 1/3 mile to hut. The legal location is Section 4, Township 12 N., Range 14 E., M.D.M.

- South Fork Campground is located approximately 13 miles north of Crystal Ranger Station along South Fork Loop Road. The legal description of this location is Section 27, Township 13 N., Range 14 E., M.D.M.

- Strawberry Point Campground is located approximately 5 miles southeast of Crystal Ranger Station along Wrights Lake Tie Road. The legal location is Section 6, Township 11 N., Range 15 E., M.D.M.

- Tells Creek Campground is located approximately 14 miles northeast of Crystal Ranger Station along Cheese Camp Road. The legal location is Section 32, Township 13 N., Range 15 E., M.D.M.

- Van Vleck Bunkhouse is located approximately 14 miles northeast of Crystal Ranger Station along Cheese Camp Road. The legal location is Section 32, Township 13 N., Range 15 E., M.D.M

- East Slab Creek Reservoir is located approximately 8.8 miles from Pollock Pines on Forebay Road after crossing the bridge over the South Fork of the American River. The legal location is Section 22, Township 11 N, Range 12 E. M,D,M,

- West Slab Creek Reservoir is located approximately 1.4 miles from North Canyon Road on

Eldorado National Forest Toilet Pumping Chute Camp Road (ELD-8014) near Camino. The legal location is Section 36, Township 11 N., Range 11 E. M.D.M.

- Upper Silver Creek is located Forest Road 11N52 approximately 3 miles from the intersection with Forest Road 11N37. The legal location is Section 8, Township 11 N., Range 15 E. M.D.M.

- Brush Creek Reservoir Boat Ramp is located along Forest Road 11N12E at the intersection with 11N12D Road approximately 2 miles north on the 11N12 Road from the intersection with Forest Road 12N34, which is approximately 12 miles north from the intersection with the Carson Road in Pollock Pines, CA. The legal location is SE1/4 Section 10, Township 11 N, Range 12 E. M.D.M.

Description of Sites:

- Lone Rock Campground, Tells Creek Campground, Van Vleck Bunkhouse, Loon Undeveloped Boat Launch, Robb’s Hut, East Slab Creek, West Slab Creek, Brush Creek, and Big Hill Lookout each have one toilet building with one compartment.

- Strawberry Campground, Northwind Campground, Jones Fork Campground, Upper Silver Creek, and Loon Lake Chalet each have one toilet building with two compartments.

- Airport Flat and Camino Cove Campgrounds each have three toilet buildings with one compartment.

- Azalea Cove Campground has two buildings with one compartment.

- South Fork Campground and Ice House Boat Ramp has two toilet buildings with two compartments.

Accessibility:

All facilities are expected to be accessible by two wheel drive vehicles upon suggested contract start date.

Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.

Maps Maps showing the general vicinity and/or specific work areas are included as an attachment to this SOW.

Maps are general in nature and are not to be considered as definitively identifying locations.

Restrictions on Work Work may be performed at any time during the period of the contract, except as outlined here.

Restrictions are as follows:

- When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

- In accordance with the attached fire plan.

Eldorado National Forest Toilet Pumping Licenses and Insurance The contractor shall obtain the insurance and licenses listed here.

- MSPA Card (Form WH510): This contract does not require the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

- Other: Worker's Compensation Insurance: The Contractor shall provide evidence of Worker's Compensation Insurance or a written explanation as to why the Contractor is exempt from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.

Camping and Housing Camping is not permitted in US Forest Service campgrounds. Contractor will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. (See Attached, Camping Permit Compliance)

Technical Requirements General Tasks:

- Receive and confirm receipt of order.

- Pump vaults at requested locations per order.

- Remove trash from vault tank at time of pumping.

- Clean building and vault surfaces of any released materials.

Recommended Tools and Equipment.

A pressure washer system may be necessary to wash the sides and end walls of the vaults after pumping or may be necessary to dilute solidified material in order to remove all waste. A 100 foot long hose may be necessary since some vaults may be located a significant distance from the accessible area for vehicles.

A four-inch diameter hose is recommended, but not required, to avoid clogging.

Water Drafting. Water drafting is NOT authorized on Forest Service land.

Vault Access. The contractor shall utilize the outside vault access opening, not the toilet riser, unless there is not an outside vault access opening or if the outside vault access opening is less than 20 inches diameter (or 20 inches square). If the toilet riser must be utilized for pumping, the contractor shall protect the riser from damage. The contractor must ensure the toilet paper and dispenser are not contaminated with waste. The contractor shall notify the COR if the toilet paper is contaminated. If the interior of the vault toilet is contaminated, the contractor shall thoroughly disinfect the contaminated area prior to leaving. The vault cover must fit with an airtight seal so that the venting process of the vault toilet is not interfered with; the contractor shall notify the COR of any vaults that do not have an airtight seal.

Filling Flowing Reservoirs. After completing pumping and cleaning of toilets/holding tanks, the contractor shall fill the vault with 10 inches of clean water.

Waste/Debris Material Transport and Disposal. The contractor shall transport and dispose of all waste materials to an approved site in accordance with all applicable laws, ordinances, and regulations. All debris shall be removed from the vault in a leak-proof container/bag so not to contaminate the surrounding ground and area. All waste/debris shall be disposed of outside of Forest Service land.

Service Frequency and Scheduling. The contractor shall perform services when notified by the COR.

The contractor shall perform services within five business days of notification by the COR.

Eldorado National Forest Toilet Pumping Work Area. The contractor shall, at all times, keep work areas free from accumulations of waste material, rubbish, tools, scaffolding, equipment, and materials. Upon completion of the job or when away from the work site, the contractor shall leave the work area and premises in a clean, neat, safe, and workmanlike condition. The contractor shall remove and properly dispose of all job related waste material.

Specific Tasks:

The following toilet pumping duties shall be performed as part of each service trip:

- All materials shall be removed from toilet vaults. This includes human waste, trash, etc.

- Toilet building floors shall be cleaned of all spilled material using a ten percent disinfectant approved by the Government.

- Floors and surrounding areas shall be free of standing water.

- Toilet risers, seats, and lids shall be cleaned of spilled materials using disinfecting solution approved by the government. All surfaces must be free of deposits.

- Walls will be cleaned as needed to remove deposits.

- Trucks and /or pumping supplies shall not be rinsed or cleaned on National Forest land.

- Should any release of septic material occur, the contractor is responsible for immediately notifying the contracting officer’s representative.

- Should any release of septic materials of 5 gallons or more occur, it is the contractors’ responsibility to immediately contact the appropriate Hazardous Materials officials for remediation and immediately contact Camino Dispatch (530 642-5170) for required actions.

- Complete the order stating how many gallons and trash bags were removed from the corresponding location.

- Also see USDA “Cleaning Recreation Sites” manual #2300 – Recreation, December 1995, 9523

1206-SDTDC.

Hours and Frequency of Work:

- Each notification of required pumping will be issued by the COR to the contractor by fax or email to the contractor’s office at least 1 week prior to work date.

- The contractor will confirm receipt with date and time and when work will start.

- Toilets shall be serviced within 5 business days following request.

- Work under this contract shall be performed between the hours of 8:00AM and 4:00PM.

- Services shall be performed as directed by the contracting officer’s representative as needed.

Contractor Personnel:

The Contractor shall provide personnel who are qualified to use the Contractor’s equipment and whose appearance is clean and orderly.

Contract Manager. The contractor shall designate a contract manager who will be responsible for performance of services and have full authority to act for the contractor on all matters relating to daily operation of this contract. Upon contract award and prior to the contract start date, the contractor shall submit the name and telephone number of the contract manager.

Contractor Employee Conduct. The Government reserves the right to require removal from federal property any contractor employee who endangers persons or property, whose actions are inconsistent with professional conduct, or who is found to be incapacitated or under the influence of alcohol, drugs, or other substances. Removal of employees for any reason does not relieve the contractor of the requirement to perform services specified herein.

Eldorado National Forest Toilet Pumping Contractor Presentation. The contractor and its employees shall make every reasonable effort to prevent interference with the normal use and occupancy of recreational areas while engaged in the performance of the contract. Additionally, due to the nature of the duties under the contract, the contractor and its employees shall keep themselves and equipment presentable at all times.

Conflict of Interest. The contractor shall not employ any individual who is an employee of the United States Government if the employment of that individual would create a conflict of interest. Any potential conflicts of interest shall be reported to the Contracting Officer (CO) upon their identification.

Continuation of Excepted Services. The Government has determined that contract services described in this SOW are non-excepted and do not require continuation upon government shutdown.

Definitions

- 1 Gallon: shall serve as basis of quote. Encompasses all expenses incurred including trip to and from designated outhouses, pumping fees, disposal fees, and collection, removal, and proper disposal of one (1) full 35 gallon trash bag.

Estimates for costs involving additional trash removal shall be included also and designated in units of full 35 gallon trash bags.

- Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, unless permitted or authorized by a regulatory agency.

Environmental Protection Environmental Laws and Regulations:

The contractor shall comply with all applicable Federal, State, and local laws, regulations, and requirements regarding environmental protection. In the event environmental laws/regulations/requirements change during the term of the contract, the contractor shall comply with such law/regulation as changed. The contractor is responsible for any penalties, fines, etc. resulting from violations. The contractor shall immediately notify the COR when violations occur and cooperate fully with fire department personnel and Government investigators.

Prohibited Substances/Chemicals:

The contractor shall not use products that are, or contain Extremely Hazardous Substances (EHS), Ozone Depleting Substances (ODS), and/or Persistent Bio-accumulative and Toxic (PBT) chemicals. Any HAZMAT containing one of these banned substances will not be allowed on forest service land.

Government-Furnished Equipment The government will not provide any government furnished equipment.

Contract Administration The CO is the only person authorized to approve changes. This authority remains solely with the CO. In the event that the contractor affects any changes at the direction of any person other than the CO, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase incurred as a result thereof.

Public Safety All Contractor supplied equipment will be safe for use in public areas and will not leak any oil or other vehicle fluids or any effluent from hoses, fittings, or tank. The Contractor will place hazard cones when working in the toilets and impeding vehicular traffic.

Attachment 2: Schedule of Items (SOI)

SCHEDULE OF ITEMS

PROJECT El Dorado NF Toilet Pumping

SOL # 127EAS22Q0059

PR # 1066415

Item Number Description

Unit of Issue Quantity

Unit Price Total Price

Toilet pumping services for the Eldorado National Forest, in accordance with the statement of work.

Gallon 55,000 $

Removal of additional 35 gallon bag of trash IAW the statement of work.

Each 35

TOTAL: $

NOTES:

1. Responses for quantities less than those listed in the numbered items may be rejected

2. Responses without prices for each item and sub-item may be rejected.

PRICE SUBMITTED BY

Signature

Phone:

Vendor Fax:

Address Email:

Cage Code POC:

UEI

Attachment 3: Evaluation Criteria

The Government intends to award a firm fixed price contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation, will be most advantageous to the Government when price and other factors are considered.

Offerors that do not submit all sections of evaluation factors will not be considered for contract award.

Responses should be submitted on the most favorable terms that the offeror could make to the Government.

The Government reserves the right to reject any or all offers or to make award without conducting negotiations.

Award will be made to the contractor that submits the lowest priced and technically acceptable (LPTA) quote.

Quotes will be evaluated by the acceptability standards for technical requirements identified in the Statement of Work.

Eldorado National Forest Toilet Pumping Attachment 4: RFQ Provisions and Clauses

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021) (Provision)

Addenda to Provision 52.212-1:

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

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

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

Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition.

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: 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.

(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.

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2022) (DEVIATION JUL 2020) (Provision) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

Eldorado National Forest Toilet Pumping 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021)

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION

2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C 4712 and 10 U.S.C 2409 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (MAY 2022) (DEVIATION JUL 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial 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. 3805note)).

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

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (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).

Eldorado National Forest Toilet Pumping ☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

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

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C.657a).

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) 15 U.S.C. 657a).

☐ (13) [Reserved] X (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) ☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (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).

X (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.

☐ (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) (15 U.S.C. 637(a)(17)).

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

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (DEVIATION

JUL 2020) (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.

Eldorado National Forest Toilet Pumping ☐ (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. chapter78 and E.O. 13627).

☐ (36) 52.222-54, Employment Eligibility Verification (May 2022). (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 (Jun 2014) 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).

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

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

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

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

☐ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (DEVIATION JUL 2020) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108- 286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

☐ (iii) (ii) Alternate II (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

Eldorado National Forest Toilet Pumping ☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☐ (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. 2302 Note).

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

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

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (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 (Oct 2018) (31 U.S.C. 3332).

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

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

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

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

☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (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:

X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

Industrial equipment operation WG 9, $26.18 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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

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

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

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

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

Eldorado National Forest Toilet Pumping 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 (May 2014) (41 U.S.C. chapter 67).

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

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (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.

Additional Requirements/Terms and Conditions:

Clauses:

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total

Eldorado National Forest Toilet Pumping extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

(SEP 2013)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-17 Government Delay of Work (APR 1984)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (OCT 2021)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

Provisions:

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate

Eldorado National Forest Toilet Pumping information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to provisions may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.252-5 Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2022) (DEVIATION JUL 2020) (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.

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.] https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar…