RFQ No 1240BD22Q0133.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

1240BD22Q0133

(425) 783-6056 05M6

05M6

Same as Block 9.

Invoice Processing Platform (IPP)

SPITBALL MECHANICAL FUELS REDUCTION

Mt. Hood National Forest

Barlow Ranger District (Wasco County)

115310

$30 Million

USDA Forest Service Mt. Baker-Snoqualmie NF 2930 Wetmore Ave., Suite 3A Everett, WA 98201-4067

DATE

6/9/2022

6/24/22 @ 1:00 PM

1065389 (No-Commit)

Not Rated

IPP

BRIAN A. JOHNSON

brian.johnson3@usda.gov Brian A. Johnson, CO

X x X 100

PLEASE NOTE:

A pre-quote site visit will be held. The details for the site visit are included under Section H., Paragraph H.8.

RFQ No. 1240BD22Q0133 Spitball Mechanical Fuels Reduction Page 1 of 55

Stand-Alone Contract Mt. Hood National Forest (Barlow Ranger District) Firm-Fixed-Price (FFP) bajohnson03 Highlight bajohnson03 Highlight

INTERESTED VENDORS:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

This solicitation is issued as a: Request for Quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through: Federal Acquisition Circular (FAC) 2022-06.

This procurement is a: 100% Small Business Set-Aside.

The NAICS code is: 115310 – Support Activities for Forestry-Fuels Management Services.

The Small Business Size Standard is: $30 Million.

The Product Service Code (PSC) is: F014 – Natural Resources/Conservation— Tree Thinning.

No-Commit Notice: Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the solicitation’s closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.

RFQ No. 1240BD22Q0133 Spitball Mechanical Fuels Reduction Page 2 of 55

Stand-Alone Contract Mt. Hood National Forest (Barlow Ranger District) Firm-Fixed-Price (FFP)

Points of Contact:

Contractual: Brian A. Johnson, (425) 783-6056, brian.johnson3@usda.gov

Technical: Rick Lancaster, (541) 340-4285, richard.lancaster@usda.gov

SECTION B—SUPPLIES OR SERVICES AND PRICES/COSTS

SPITBALL MECHANICAL FUELS REDUCTION

Mt. Hood National Forest

Barlow Ranger District Oregon State

(Wasco County)

B.1 SCHEDULE OF ITEMS

Base Items 0001:

Item/Sub- Item No.

Description Unit

Quantity Unit of

Measure Unit Price Unit Amount

0001 “MANDATORY MASTICATION”

0001AA Mobilization1 1 LS --- $

0001AB North Five 2 35 Acres $ $

0001AC North Five 8 13 Acres $ $

0001AD Pollywog 77 23 Acres $ $

0001AE Pollywog 48 39 Acres $ $

0001AF Pollywog 49 41 Acres $ $

0001AG Pollywog 50 91 Acres $ $

0001AI Pollywog 51 21 Acres $ $

0001AJ Pollywog 52 27 Acres $ $

0001AK Pollywog 53 61 Acres $ $

0001AL Pollywog 55 23 Acres $ $

0001AM Pollywog 62 36 Acres $ $

0001AN Pollywog 7 16 Acres $ $

0001AO Rocky 273 62 Acres $ $

0001AP Rocky 292 39 Acres $ $

0001AQ Rebel 2 23 Acres $ $

0001AR Rebel 4 25 Acres $ $

0001AS Rebellious 4 18 Acres $ $

0001AT Rebellious 5 23 Acres $ $

0001AU Rebellious 6 46 Acres $ $

0001AV Rebellious 9 20 Acres $ $

0001AW Southgate 10 12 Acres $ $

0001AX Spitball 10 5 Acres $ $

0001AY Spitball 2 40 Acres $ $

0001AZ Spitball 3 14 Acres $ $

0001BA Spitball 1 26 Acres $ $

0001BB Sputterbird 1 34 Acres $ $

0001BC Sputterbird 2 28 Acres $ $

0001BD Sputterbird 4 39 Acres $ $

0001BE Sputterbird 9 32 Acres $ $

0001BF Sputterbird 11 24 Acres $ $

0001BG Sputterbird 13 40 Acres $ $

0001BH Talley 1 9 Acres $ $

Total Acres: 985 Total Amount: $

RFQ No. 1240BD22Q0133 Spitball Mechanical Fuels Reduction Page 3 of 55

Stand-Alone Contract Mt. Hood National Forest (Barlow Ranger District) Firm-Fixed-Price (FFP)

Base Items 0002:

Description Unit

Quantity Unit of

Measure Unit Price Unit Amount

0002 “MANDATORY MECHANICAL PILING”

0002AA North Five 8 13 Acres $ $ 0002AB Pollywog 7 16 Acres $ $ 0002AC Pollywog 77 23 Acres $ $ 0002AD Pollywog 48 39 Acres $ $ 0002AE Pollywog 49 41 Acres $ $ 0002AF Pollywog 50 91 Acres $ $ 0002AG Pollywog 51 21 Acres $ $ 0002AH Pollywog 52 27 Acres $ $ 0002AI Pollywog 53 61 Acres $ $ 0002AJ Pollywog 55 23 Acres $ $ 0002AK Pollywog 62 36 Acres $ $ 0002AL Rebel 2 23 Acres $ $ 0002AM Rebel 4 25 Acres $ $ 0002AN Rebellious 4 18 Acres $ $ 0002AO Rebellious 5 23 Acres $ $ 0002AP Rebellious 6 46 Acres $ $ 0002AQ Rebellious 9 20 Acres $ $ 0002AR Rocky 273 62 Acres $ $ 0002AS Rocky 292 39 Acres $ $ 0002AT Rocky 501 22 Acres $ $ 0002AU Rocky 502 30 Acres $ $ 0002AV Rocky 503 190 Acres $ $ 0002AW Rocky 51 S 119 Acres $ $ 0002AX Rocky 51 N 49 Acres $ $ 0002AY Southgate 10 12 Acres $ $ 0002AZ Spitball 10 5 Acres $ $ 0002BA Spitball 2 40 Acres $ $ 0002BB Spitball 3 14 Acres $ $ 0002BC Spitball 1 26 Acres $ $ 0002BD Sputterbird 1 34 Acres $ $ 0002BE Sputterbird 2 28 Acres $ $ 0002BF Sputterbird 4 39 Acres $ $

0002BG Sputterbird 9 32 Acres $ $

0002BH Talley 1 9 Acres $ $

0002BI Test Plot 1 34 Acres $ $

Total Acres: 1,330 Total Amount: $

RFQ No. 1240BD22Q0133 Spitball Mechanical Fuels Reduction Page 4 of 55

Optional Items 1001:

Description Unit

Quantity Unit of

Measure Unit Price Unit Amount

1001 “OPTIONAL MECHANICAL MASTICATION”

1001AA Mobilization2 1 LS --- $ 1001AB Badger 76 68 Acres $ $ 1001AC Football 7 13 Acres $ $ 1001AD Football Salv 3 21 Acres $ $ 1001AE Frailey 2 8 Acres $ $ 1001AF Frailey 8 47 Acres $ $ 1001AG Out 8 4 Acres $ $ 1001AH Out 12 23 Acres $ $ 1001AI Owl 2A 186 Acres $ $ 1001AJ Owl 5B 52 Acres $ $ 1001AK Pollywog 4 35 Acres $ $ 1001AL Pollywog 16 59 Acres $ $ 1001AM Pollywog 18 27 Acres $ $ 1001AN Pollywog 29 28 Acres $ $ 1001AO Pollywog 38 58 Acres $ $ 1001AP Pollywog 42 8 Acres $ $ 1001AQ Pollywog 43 14 Acres $ $ 1001AR Pollywog 44 8 Acres $ $ 1001AS Pollywog 45 2 Acres $ $ 1001AT Reknebal 2 15 Acres $ $ 1001AU South Pen 22 42 Acres $ $ 1001AV South Pen 30 20 Acres $ $ 1001AW South Pen 37 11 Acres $ $

1001AX South Pen 62 16 Acres $ $ 1001AY South Pen 63 61 Acres $ $ 1001AZ South Pen 65 13 Acres $ $ 1001BA South Pen 69 77 Acres $ $ 1001BB South Pen 14 109 Acres $ $ 1001BC South Pen 15 61 Acres $ $ 1001BD South Pen 16 14 Acres $ $ 1001BE South Pen 18 27 Acres $ $ 1001BF South Pen 19 54 Acres $ $ 1001BG South Pen 20 78 Acres $ $ 1001BH South Pen 21 10 Acres $ $ 1001BI South Pen 23 8 Acres $ $ 1001BJ South Pen 24 14 Acres $ $ 1001BK South Pen 25 21 Acres $ $ 1001BL South Pen 26 12 Acres $ $ 1001BM South Pen 27 52 Acres $ $ 1001BN South Pen 28 13 Acres $ $

1001BO South Pen 29 19 Acres $ $

1001BP South Pen 31 26 Acres $ $

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1001BQ South Pen 32 14 Acres $ $

1001BR South Pen 34 70 Acres $ $

1001BS South Pen 38 6 Acres $ $

1001BT South Pen 39 56 Acres $ $

1001BU South Pen 42 35 Acres $ $

1001BV South Pen 43 16 Acres $ $

1001BW South Pen 54 44 Acres $ $

1001BX South Pen 59 36 Acres $ $

1001BY South Pen 58 13 Acres $ $

1001BZ South Pen 60 26 Acres $ $

1001CA South Pen 61 99 Acres $ $

1001CB South Pen 64 24 Acres $ $

1001CC South Pen 66 87 Acres $ $

1001CD South Pen 67 24 Acres $ $

1001CE South Pen 68 13 Acres $ $

1001CF South Pen 103 32 Acres $ $

Total Acres: 2,029 Total Amount: $

Optional Items 2001:

Description Unit

Quantity Unit of

Measure Unit Price Unit Amount

2001 “OPTIONAL MECHANICAL PILING”

2001AA Out 8 4 Acres $

2001AB Out 12 23 Acres $ $

2001AC Owl 2A 186 Acres $ $

2001AD Pollywog 16 59 Acres $ $

2001AE Pollywog 18 27 Acres $ $

2001AF Pollywog 29 28 Acres $ $

2001AG Pollywog 38 58 Acres $ $

2001AH Pollywog 42 8 Acres $ $

2001AI Pollywog 43 14 Acres $ $

2001AJ Pollywog 44 8 Acres $ $

2001AK Pollywog 45 2 Acres $ $

2001AL South Pen 14 109 Acres $ $

2001AM South Pen 15 61 Acres $ $

2001AN South Pen 18 27 Acres $ $

2001AO South Pen 19 54 Acres $ $

2001AP South Pen 20 78 Acres $ $

2001AQ South Pen 21 10 Acres $ $

2001AR South Pen 23 8 Acres $ $

2001AS South Pen 24 14 Acres $ $

2001AT South Pen 25 21 Acres $ $

2001AU South Pen 26 12 Acres $ $

2001AV South Pen 27 52 Acres $ $

2001AW South Pen 28 13 Acres $ $

2001AX South Pen 29 19 Acres $ $

RFQ No. 1240BD22Q0133 Spitball Mechanical Fuels Reduction Page 6 of 55

2001BA South Pen 31 26 Acres $ $

2001BB South Pen 32 14 Acres $ $

2001BC South Pen 34 70 Acres $ $

2001BDE South Pen 38 6 Acres $ $

2001BF South Pen 39 56 Acres $ $

2001BG South Pen 42 35 Acres $ $

2001BH South Pen 43 16 Acres $ $

2001BI South Pen 54 44 Acres $ $

2001BJ South Pen 59 36 Acres $ $

2001BK South Pen 58 13 Acres $ $

2001BL South Pen 60 26 Acres $ $

2001BM South Pen 61 99 Acres $ $

2001BN South Pen 64 24 Acres $ $

2001BO South Pen 66 87 Acres $ $

2001BP South Pen 67 24 Acres $ $

2001BQ South Pen 68 13 Acres $ $

2001BR South Pen 103 32 Acres $ $

2001BS Pollywog 16 59 Acres $ $

2001BT Pollywog 18 27 Acres $ $

2001BU Pollywog 29 28 Acres $ $

2001BV Pollywog 38 58 Acres $ $

2001BW Pollywog 42 8 Acres $ $

2001BX Pollywog 43 14 Acres $ $

2001BY Pollywog 44 8 Acres $ $

2001BZ Pollywog 45 2 Acres $ $

Total Acres: 1,721 Total Amount: $

Optional Items 3001:

Description Treatment Type Unit

Quantity Unit of

Measure Unit Price Unit Amount

3001 “Optional Mastication and Mechanical Piling (Hood River Ranger District)”

3001AA Mobilization3 1 LS --- $

3001AB Waucoma 84 Mastication 5 Acres $ $

3001AC Waucoma 90 Mastication 14 Acres $ $

3001AD Waucoma 91 Mastication 8 Acres $ $

3001AE Waucoma 92 Mastication 22 Acres $ $

3001AF Waucoma 93 Mastication 4 Acres $ $

3001AG Waucoma 102 Mastication 3 Acres $ $

3001AH Waucoma 103 Mastication 5 Acres $ $

3001AI Waucoma 104 Mastication 5 Acres $ $

3001AJ Basalt 1 Mastication 47 Acres $ $

3001A Basalt 2 Mechanical Pile 20 Acres $ $

3001A Basalt 3 Mechanical Pile 11 Acres $ $

3001A Basalt 26 Mastication 26 Acres $ $

3001A Basalt 45 Mechanical Pile 10 Acres $ $

RFQ No. 1240BD22Q0133 Spitball Mechanical Fuels Reduction Page 7 of 55

3001A Basalt 46 Mechanical Pile 16 Acres $ $

3001A Basalt 47 Mastication 33 Acres $ $

3001A Basalt 48 Mastication 53 Acres $ $

Total Acres: 282 Total Amount: $

B.2 SUMMARY OF PRICES

Total Amount (Mandatory Base Items 0001 – 985 Acres): $_________________________

Total Amount (Mandatory) Base Items 0002 – 1,330 Acres): $_________________________

Total Amount (Optional Items 1001 – 2,029 Acres): $_________________________

Total Amount (Optional Items 2001 – 1,721 Acres): $_________________________

Total Amount (Optional Items 3001 – 282 Acres): $_________________________

TOTAL PRICE (ALL ITEMS): $_________________________

B.3 SCHEDULE OF ITEMS NOTES

Mobilization1: Price line-item number 0001AA in a lump sum, firm-fixed-price (FFP) manner. This requires your company to determine the total mobilization cost required to complete all Base Items 0001 and Base Items 0002 as required by the Schedule of Items and associated specifications.

Mobilization2. Price line-item number 1001AA in a lump sum, FFP manner. This requires your company to determine the total mobilization cost required to complete all Optional Items 1001 and Optional Items 2001 as required by the Schedule of Items and associated specifications.

Mobilization3. Price line-item number 3001AA in a lump sum, FFP manner. This requires your company to determine the total mobilization cost required to complete all Optional Items 3001 as required by the Schedule of Items and associated specifications.

RFQ No. 1240BD22Q0133 Spitball Mechanical Fuels Reduction Page 8 of 55

SECTION C—DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF CONTRACT

This portion of the solicitation requires a mandatory reduction in fuel loading on approximately 2,315 acres by piling existing and created slash (1,330 acres) and mastication of live vegetative materials (985 acres). Piling would occur with a “lift and pile” mechanism rather than a “push and pile” mechanism. Work shall be performed on slopes up to 30 percent.

(a) The objective is to reduce the slash layer to a depth of 2 to 6 inches, and to eliminate vegetative competition of brush and small diameter saplings through mechanical mastication. Logs greater than 18 inches in diameter will be left in place.

(b) All slash, as defined in C.4, will be piled. Activity slash will be a result of hand thinning up to 12” DBH material, on a 20’x20’ spacing, cutting boles to 6’ lengths.

(c) The contractor shall furnish all equipment, fuel, maintenance, labor, supervision, transportation, materials, tools, supplies, and incidentals necessary to perform the job.

C.2 EQUIPMENT REQUIREMENTS

1. Equipment shall be furnished on a fully operational basis and in good operating condition, with a competent, qualified operator. The Contractor shall provide operators that have sufficient skill and experience to perform properly and efficiently the work assigned to them.

The Contractor, upon written request from the Contracting Officer (CO), shall immediately remove any operator, who in the opinion of the Contracting Officer does not perform their work in a proper and skillful manner.

2. Equipment must be track-mounted, capable of piling logging slash and masticating live vegetation, and meet the following specifications:

(a) Capable of reaching 20 feet from center of machine.

(b) Ground pressure not to exceed 10 pounds per square inch (psi).

(c) Climbing ability up to 30 percent slope.

(d) Pivot – Operator cab, engine and arm shall be able to swing 360 degrees while etrack remains stationary.

(e) Piling machine shall be equipped with a bucket and thumb or articulating brush grapple mechanism.

(f) Piling machine shall be capable of picking up woody debris from 1 inch by 3 feet to 18 inches by 20 feet.

(g) Equipment shall be free of fluid leaks and have hoses and hydraulics in good operating condition.

(h) The cab/canopy shall be firmly secured to the machine and free of broken glass.

3. Equipment Transportation

(a) The Contractor shall provide transportation of all equipment to and between all project areas.

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4. Equipment Cleaning

(a) 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 onto Project Area without having first taken reasonable measures to make each such piece of equipment free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. Contractor shall identify the location of the equipment's most recent operations. If the prior location of the Off- Road Equipment cannot be identified, Forest Service will assume that it is infested with seeds of invasive species of concern. In addition, prior to moving Off-Road Equipment from an area on this contract that is shown on Project Area Map to be infested with invasive species of concern to any other area that is indicated on Project Area Map as being free of invasive species of concern, Contractor shall again take reasonable measures to make each such piece of equipment free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds.

(b) Contractor must advise Forest Service of measures taken to clean Off-Road Equipment and arrange for Forest Service inspection prior to such equipment being placed in service or moved from areas infested with invasive species of concern to areas that are free of such invasive species. Forest Service shall have 2 days, excluding weekends and Federal holidays, to inspect equipment after it has been made available for inspection. After Forest Service inspection, the Contractor may proceed with operations. Reasonable measures shall not require the disassembly of equipment components or use of any specialized inspection tools. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material.

(c) “Off-Road Equipment” includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles.

(d) If Contractor desires to clean Off-Road Equipment on National Forest land, such as at the end of a project or prior to moving to a new area that is free of invasive species of concern, Contractor and Forest Service shall agree on locations for the cleaning and control of off-site impacts, if any.

C.3 LOCATION AND DESCRIPTION

1. Project Location

The location of the worksites is shown on Attachment 1 – Project Maps. A full map of the Barlow and Hood River Ranger Districts, with project units marked thereof, can be provided to the contractor at the Post Award Orientation Conference (PAOC) upon request.

2. Accessibility

(a) The project areas may be reached by Forest roads. The Forest Service assumes no obligation to plow snow or perform special maintenance to keep roads open.

Roads shown on unit maps indicate access to units and are not to suggest the roads are open within units or for any further travel.

3. Boundaries

(a) This contract will utilize discernable and digital boundaries. Discernable boundaries are readily identifiable on the ground, such as roads. A digital boundary will be provided by the Forest Service for use in the Avenza Mapping

RFQ No. 1240BD22Q0133 Spitball Mechanical Fuels Reduction Page 10 of 55

App for smartphones and tablets. A GIS shapefile may be provided upon request, to be used in equipment computer processors. Boundaries along sensitive features, such as Wilderness and Inventoried Roadless Areas will be marked with black and orange flagging. Special areas of concern or leave areas that will need to be avoided may be found in the unit boundary. These areas will be identified prior to operation.

(b) Acceptable tolerance for digital boundaries is +/- 20 feet.

C.4 PILING AND MASTICATION SPECIFICATIONS

A. Definitions

1. Slash is all vegetative material that meets the following size criteria: 1 inch to 18 inches diameter on the large end. This may include, but not limited to, chunks, broken tops, limbs, branches, rotten wood, brush, damaged or destroyed reproduction, saplings, or poles that have been created or disturbed by any type of vegetative cutting or clearing.

2. Logs greater than 18 inches in diameter will be left in place. If this material must be moved for piling purposes logs must be returned to the approximate location.

3. Thinning - The cutting of trees more than those to be left for timber stand management.

4. Spacing - The horizontal distance from the center of one leave tree to the center of the next nearest leave tree.

5. Average Spacing - The average distance between all leave trees necessary to provide the desired number of leave trees per acre.

6. DBH (Diameter Breast Height) - Diameter of the trunk bole measured at a point 4 ½ feet above the ground level on the uphill side of the tree.

7. Excess Tress - A tree which the contractor, contrary to the specifications, has left uncut;

has not completely severed from the stump; or left with a stump exceeding the specified maximum height.

8. Fuel Break - An area within a thinned unit where thinning slash is removed or treated in order to reduce spread of fire to adjacent areas.

9. Buffer Zone - An area within a thinning unit in which special cutting methods are required, in accordance with Technical Specifications and as shown on Project Maps.

10. Piling - Gathering and stacking of thinning slash into piles constructed and located as indicated by technical specifications and project maps.

11. Tree Species – Ponderosa Pine (PP), Oregon white oak (OWO), Douglas-fir (DF), Grand fir (GF), Pacific Silver fir (PSF), Western Hemlock (WH), Mountain Hemlock (MH), Western White pine (WWP), Lodgepole pine (LP), Western Larch (WL), and Western Redcedar (WRC).

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B. Slash to be Piled

1. Slash, as described in Paragraph above, will be piled. The quantity to be piled will be determined by the specifications listed in Section C., Paragraph C.1 Scope of Work.

C. Location of Piles

1. Piles shall be located so that burning will not cause damage to snags or standing green trees, unless otherwise approved by the Forest Service. This will mean that all piles are at least 10 feet away from the bowl of any live or dead, and at least 50 feet away from any structure or utility box.

2. Slash piles shall not be located at the bottom of draws that carry water during periods of surface runoff.

D. Construction and Size of Piles

1. Grapple piles shall be compact and not constructed on any stumps, logs, or rocks. No covering is required on grapple piles. No large down woody material 18” or greater at small end diameter.

Piling process shall in no way damage or kill existing leave trees.

2. Minimum pile size will be 8 feet wide by 8 feet tall. Piles should be as tall as they are wide.

3. Pile Locations: Piles will be located on the flattest surface available, away from stumps or large down logs. All piled material must be out from under the drip line of leave trees. Piles built on a slope shall run with the slope to prevent rolling. No piling within 25 feet of existing trails or within 100 feet of streams or ditches.

E. Mastication

1. Masticate all vegetation less than 25 feet tall and

2. Masticate all live material up to 6 inches DBH.

C.5 OTHER SPECIFICATIONS

A. No operations from March 1 through July 15 in the following units: All units in Pollywog area;

South Pen 43 & 45; Owl 2A; and Rebellious 9.

B. Water baring and/or other erosion control devices removed or altered for the convenience of the

Contractor shall be rebuilt and inspected prior to the final closing of this contract

C. Berms and/or guard rails removed or altered for the convenience of the Contractor shall be rebuilt and inspected prior to the final closing of this contract.

D. Equipment Operating Restrictions

1. Equipment shall operate on logging debris where it exists when possible. Should no slash exist, equipment may operate on other surface litter, duff, or approved skid trails if no additional soil is exposed by operations. The objective is to not add additional soil disturbance or compaction than already exists in the area.

2. All refueling, maintenance, and repairs will be done at landings or on skid trails.

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3. Project work may be done at any time during the term of the contract, except under the following conditions:

(a) Weather predictions indicate a hazardous fire condition warranting curtailment of operations, as specified elsewhere in this contract.

(b) When soil moisture conditions create excessive risk of damage to the soil.

E. Final Cleanup

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all Contractor’s rubbish, excess materials, temporary structures, and equipment.

All parts of the work area shall be left in a neat and presentable condition.

C.6 PROTECTION OF OTHER RESOURCES

A. Equipment shall not be permitted to cross stream courses, seasonally wet areas, or other non-work areas except at places designated by the COR.

B. Equipment shall not be permitted within 100 feet of streams or creeks

C. Large woody debris materials 18 inches in diameter on the small end and over will be left undisturbed in its’ bed, if possible. Slash that is on top of rotten logs will be piled so as to cause as little disturbance to the log as possible.

D. The Contractor shall be held liable and will be responsible for any damages caused by their personnel and/or equipment to any existing structures or other improvements. Repairs to these structures and improvements shall be at the Contractor’s expense, at no additional cost to the Government, and shall be accomplished in a timely manner. Examples of structures and improvements are, but not limited to: guard rails, fences and gates, roads and spurs, firelines, waterbars and berms, posted monuments and corners.

E. Vehicles used for transporting equipment, personnel, and/or supplies will be restricted to established roads and landings.

F. Residual leave trees shall not be damaged during these operations. If a leave tree is unavoidably damaged, the Contractor shall notify the COR who will determine the disposition of the tree.

G. Site preparation activities within a unit shall not damage trees or other vegetation outside the perimeter of the unit.

H. If any cultural or archaeological sites are discovered by the Contractor and/or the Forest Service during operations of this contract, work will be suspended in the immediate vicinity of such site until the Forest Archaeologist completes a reconnaissance survey.

C.7 SAFETY PLAN

Prior to the issuance of a Notice to Proceed, the contractor shall submit a safety plan for the activities involved that is consistent with state OSHA regulations.

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SECTION D—CONTRACT CLAUSES

Important Notice #1: This project is being solicited in accordance with Simplified Acquisition Procedures (SAP) outlined in FAR 13.5 – Simplified Procedures for Certain Commercial Items. The contracting officer reasonably expects, based on the nature of these services sought, and on market research, that offers will only include commercial services.

Important Notice #2: Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the solicitation’s closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs incurred.

D.1 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 begin with 52:

https://www.acquisition.gov/browse/index/far

Department of Agriculture Acquisition Regulation (AGAR) Clauses begin with 452:

https://www.acquisition.gov/agar

Deviations to clauses may be viewed at:

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

D.2 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

D.3 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

D.4 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(NOV 2021)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

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(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial

RFQ No. 1240BD22Q0133 Spitball Mechanical Fuels Reduction Page 15 of 55 services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

D.5 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.

D.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (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 items:

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78

(19 U.S.C. 3805note)).

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

[Contracting Officer check as appropriate.] ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☐ (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).

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☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

☐ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101note).

☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41

U.S.C. 2313).

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

[Contracting Officer check as appropriate.] ☐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.

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

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

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

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

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

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

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

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

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Jun 2020) of 52.219-9.

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

☐ (ii) Alternate I (MAR 2020) of 52.219-13

☐ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

[Contracting Officer check as appropriate.]

☐ 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 (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

657f).

[Contracting Officer check as appropriate.] ☐ 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.

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

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

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

[Contracting Officer check as appropriate.] ☐ 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.

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☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

[Contracting Officer check as appropriate.]

☐ 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.

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

☐ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

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

☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(DEVIATION JUL 2020) (E.O.13126).

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

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

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

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

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

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

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

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

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

13496).

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

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

☐ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (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.

☒ (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).

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☐ (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 (Jan 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 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 (May 2014) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (May 2014) of 52.225-3.

☐ (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 Items (Feb 2002) (41 U.S.C.4505, 10

U.S.C.2307(f)).

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

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

3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013)

(31 U.S.C.3332).

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

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

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

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

Appx. 1241(b) and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Feb 2006) of 52.247-64.

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

Contracting Officer check as appropriate.] ☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (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

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Employee Class Monetary Wage-Fringe Benefits

WG-5 (Non-Supervisory Step 2) $24.56 (Wage Only)

WG-6 (Non-Supervisory Step 2) $26.13 (Wage Only)

WG-7 (Supervisory Step 3) $28.81 (Wage Only)

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple

Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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