RFQ-WMNF Timber Marking IDIQ.doc

COMMERCIAL ITEMS

SOL NO. 12148420Q0008

White Mountain National Forest Timber Marking IDIQ

DATE

05/13/2020

7. FOR SOLICITATION

@ 4:30 p.m. EST

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UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

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SMALL BUSINESS FORMCHECKBOX

Women Owned Small

BUSINESS (WOSB)

USDA Forest Service

White Mountain National Forest

4 Farm Colony Drive

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HUBZONE SMALL FORMCHECKBOX

Economically Disadvantaged

Women-Owned Small Business (EDWOSB)

SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A) NAICS:_115310____

OWNED SMALL BUSINESS

Size Standard:___$8M_________

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

same as 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE same as 9

TELEPHONE N0.

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

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SEE ADDENDUM

White Mountain National Forest Timber Marking IDIQ

CONTRACTOR MUST BE REGISTERED IN

www.sam.gov in order to submit an offer on this project.

ENTER DUNS Number ________________________

Please complete this package and return via email to carol.northrop@usda.gov

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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ARE NOT ATTACHED

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ARE NOT ATTACHED

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

Continuation of SF1449 Block 27: The full text of a Federal Acquisition Regulation (FAR) or Department of Agriculture Acquisition Regulation (AGAR) clause or provision may be accessed electronically at http://www.acquisition.gov/far/

NOTES:

a. Contractor must be registered www.sam.gov to be considered. THIS IS A FREE REGISTRATION.

b. There is no pre-bid meeting. Contractors should visit the sites independently.

c. There is a requirement to submit a technical proposal with your offer. See page 34 for preparation instructions.

d. Award will be made to one contractor. You must submit pricing for all items, including any option items and/or option years.

e. This will be an indefinite quantity/ indefinite delivery (IDIQ) contract. Actual work will be issued using task orders during the life of the contract. Task orders will be limited to no more than 1000 acres of work per fiscal year unless agreed to by the contractor.

f. Group Selection Method 1 bid item consist of locating and marking trees in groups (0.1 to 2 acres in size) that total 13% - 20 % of the total unit acreage. Price bid will be based on the total unit acreage.

g. Group Selection Method 2 bid item consist of marking trees in groups (0.1 to 2 acres in size) that total 15% - 20 % of the total unit acreage. The Forest Service will locate groups. Price bid will be based on the acreage of the groups only.

h. We expect the first task order to be issued in July 2020 and the acreage will be approximately 73 acres.

i. The period of performance for this IDIQ will be from June 1, 2020 through September 30, 2023.

SCHEDULE OF ITEMS

White Mountain National Forest Timber Marking IDIQ

PRICING PERIOD 1:

06/01/2020 - 09/30/2021 Sample Tree Cruising

Clear Cut & Overstory Removal

Individual Tree (CTM)

(CTM)

Area Based Cruising

Clear Cut & Overstory Removal

Individual Tree (CTM)

(CTM)

PRICING PERIOD 2:

10/1/2021 – 9/30/2022

Sample Tree Cruising

Clear Cut & Overstory Removal

Individual Tree (CTM)

(CTM)

Clear Cut & Overstory Removal

Individual Tree (CTM)

(CTM)

PRICING PERIOD 3:

10/1/2022 – 9/30/2023

Sample Tree Cruising

Clear Cut & Overstory Removal

Individual Tree (CTM)

(CTM)

Clear Cut & Overstory Removal

Individual Tree (CTM)

(CTM)

OFFEROR NAME ___________________________________________________

OFFEROR DUNS NUMBER ___________________________________________

OFFEROR EMAIL ADDRESS _________________________________________

OFFEROR PHONE NUMBER__________________________________________

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

DIVISION 100 – GENERAL SPECIFICATIONS

110 - SCOPE OF CONTRACT

This contract is for timber marking as directed by USFS Silvicultural prescription (items 1 and 2), tallying total number of trees in each cutting unit (item 1), and locating and documenting sample trees (item 1) on the west side of the White Mountain National Forest. Timber re-marking is marking with Forest Service tracer paint previously marked trees including 2 bole marks and one stump mark. Contractor should be sure not to miss any previously marked stems within a unit when re-marking. GPS data will be collected as needed. The Contractor shall furnish all labor, materials, supplies, equipment (including marking guns), tools, instruments, transportation and professional services, except those listed as Government Furnished Property (GFP).

120 - PRICING OF TASK ORDERS

121 - All Task Orders shall be for a firm fixed price. Task Orders shall be for a pre priced item as shown in the Schedule of Items, numbers 1A-1E and 2A-2E.

130 - ISSUING TASK ORDERS

131 – Timber marking services shall be procured under the contract through the issuance of task orders. All task orders are subject to the terms and conditions of this contract. In the event of conflict between the task order and this contract, the contract shall control.

132 - The Government will issue written task orders. Task orders for a project will contain a firm fixed amount that will be the total compensation for that project. This amount shall not be changed unless the requirements of the project are changed, and then only if the Contracting Officer signs prior written modification. Each task order shall include, at a minimum, all the following information:

1.

The contract number.

2.

Task order number.

3.

Authorized signature of a warranted Contracting Officer

4.

Detailed description of the task or service to be performed.

5.

Firm fixed price for the project.

6.

Detailed description of required submittals, including due dates and exhibits, if appropriate.

7.

Map or other adequate description of the project location.

8.

Designation of Government’s Representative Contracting Officers Representative (COR).

9.

Government-furnished property provided (if applicable).

140 - TASK ORDER AMENDMENTS

Any change to a task order will be made in writing on form SF 30, Amendment of Solicitation/Modification of Contract. Task order amendments will be issued only by the Contracting Officer and shall be identified as an amendment of a specific task order.

150 - LOCATION OF PROJECT AREAS

- All timber marking services provided shall be performed within the general area of the White Mountain National Forest in Coos and Grafton Counties in New Hampshire. Work will be performed at the project site; the Contractor's office and some work may be performed at a Forest Service Office.

- With agreement of both parties, the east side of the White Mountain National Forest and other National Forests in the Northeastern United States may utilize this contract.

- In general, the project areas are accessible by Forest, Town and/or State roads. In some cases, foot travel will be necessary. The Contractor will need to coordinate with the Contracting Officer’s Representative for gaining access behind locked gates. If use of Off-Road Vehicle becomes necessary for reasons agreed upon by both parties, requests must be made in writing to and approved by the Contracting Officer’s Representative. The use of any vehicles will be subject to conditions of the White Mountain National Forest Off-Road Vehicle Policy. A copy is available upon request.

160 - GOVERNMENT FURNISHED DATA/PROPERTY

The Government shall furnish to the Contractor the following listed materials, supplies, property, or services. All items listed below will be available at the time and place of the pre-work conference.

- Timber Sale product specifications. This item does not have to be returned to the Government.

- Timber Sale Tally Sheets for species and product groups (Exhibit C-1). Note: Timber sale volumes by product and species or species group will be determined from sample trees by the Forest Service. Items 1A – 1E only.

– Written marking and silvicultural prescription list by harvest unit and acres. These items do not have to be returned to the Government.

- Timber Sale Cruising Handbook, FSH 2409.12, Chapter 10 and Chapter 70. Qualified Cruiser Reference Guide dated 2/29/2009. Sweep Chart. These items do not have to be returned to the Government.

– White Mountain National Forest Land and Resource Management Plan 2005 (cd set or other electronic form). This item does not have to be returned to the Government.

- Copies of Administrative Maps and vicinity maps as needed. These items do not have to be returned to the Government.

- Copies of orthophotos, as needed. These items do not have to be returned to the Government.

- All marking paint necessary to complete the contract. Color Scheme will adhere to direction in Timber Sale Cruise Plan and the WMNF Timber Theft Prevention Plan, 2020.

a.

BLUE or YELLOW paint for designating trees for harvest and recording cruise information on sample trees.

b.

ORANGE or PINK paint for reserve tree designation or boundaries.

c.

BLACK paint for making corrections.

- WMNF Timber Theft Prevention Plan, 2020.

– Marking Paint

All paint, including empty paint cans and cleaning fluids not used up in the field shall be returned to the Government at regularly scheduled times on a weekly basis unless otherwise approved by the Government. Except for paint in use, Contractor shall keep all paint cans, including empties, locked in their vehicle or other secured container. Contractor's paint storage container(s) must be approved by the COR prior to its use.

- The Government will sign out the paint to the Contractor using a “Paint Sign-Out Form” that will be reviewed at the Pre-Work meeting. The quantity signed out will be the estimated amount for a one-week time period.

- Material Safety Data Sheets will be furnished with the Tree Marking Paint. The time and location for pick-up and return of paint cans (full and empty) will be at a time and location agreed to between the Contractor and the Government. The contractor or designated contract representative will be required to verify and initial all pick-up and returns on the “Paint Sign-Out Form”.

- There will be strict accountability for all paint cans, regardless of amount of content or lack thereof. The Contractor shall keep the paint cans under LOCK & KEY, except for the paint being used or carried into the field to be used. A legible daily log shall be maintained by the Contractor to show paint usage and shall be provided to the Government upon request. The daily log will further include each batch number, color, payment unit, and daily volume used.

- In the event any marking paint is lost the contractor will be required to notify the Government within 24 hours once aware of the loss and be required to spend additional time, at no cost to the government, securing the missing paint. For EACH paint can that is not returned, the contractor shall submit a written report describing in detail the circumstance which caused the misplacement of the paint can(s), along with security measures implemented in order to prevent further losses. This report must be turned in within a week of the loss occurring. In addition, the Contractor shall pay the Government price of a full can of paint, and the regular administrative costs, and a fine of $250 for each quart that is not returned.

180 - Contractor-Furnished Property

The Contractor shall furnish all labor, supervision, equipment, transportation and supplies, except those designated as Government-furnished, to complete the contract.

181 - A Global Positioning System (GPS) unit (Garmin GPSMAP62 or newer) or another model approved by the Forest Service will be used to locate points of interest (POI), all sample trees, and group boundaries (Group Selection method 1). All electronic data will be turned in as shapefile format and in the NAD_1983_StatePlane_New_Hampshire_FIPS2800_(Feet).prj coordinate system. Data shall be turned in as each unit is completed.

182 – Marking guns and/or backpack sprayers and any other incidentals not mentioned in specification 160.

190 - Harvest unit and Protected Area Boundaries and Reserve Trees

– Harvest unit Boundaries. The Forest Service has marked with orange or pink paint all unit boundaries. Harvest unit boundaries are marked with two (2) or three (3) painted stripes and a stump mark. Exterior boundaries are marked with two (2) or three (3) painted stripes, while adjacent, interior boundaries are painted with two (2) stripes. Striped boundary trees have also been stump marked with orange or pink paint.

– Protected Areas and Protected Area Boundaries. Boundary trees along the perimeter of protected areas have been marked by the Forest Service. These boundaries are identified by an orange or pink two stripe and an “X” at dbh and an orange or pink stump mark. Protected area boundary trees have also been stump marked with orange or pink paint. Neither boundary trees nor trees within the protected area shall be designated for cutting.

– Reserve/Leave Trees. Reserve/leave trees are identified with an orange band or slash near DBH and a stump mark. Reserve/leave trees shall not be designated for cutting.

DIVISION 200 – TECHNICAL SPECIFICATIONS

210 – Quality Control Plan. The contractor shall prepare a quality control plan for this solicitation (See Section L for instructions) which outlines the planned steps for insuring compliance with this contract. At the pre-work meeting for each task order, a Plan of Work shall be submitted that addresses the schedule of work, marking paint security, GPS data management, checks to ensure compliance with merchantability standards, and assurance that the silviculture prescription is met.

220 - Selecting Trees for Harvest

The Contractor shall select and mark trees for harvesting according to the prescriptions and marking guides supplied for each harvest unit when delivery orders are issued. In order for a tree to be designated for harvest, it must meet minimum tree specifications including one minimum product. There may be two types of designation (marking/documentation/tally) requirements within sale areas based on the type of cruising (Area Based or Sample Tree Selection) to be implemented. The Forest Service will identify and determine which type of designation will be utilized in each unit prior any marking by the Contractor. When designating timber for harvest within Sample Tree Selection units the contractor will randomly select & identify sample trees from the designated timber to be used towards creating an overall sale volume. See 271 “Selecting Sample Trees Specification” that outlines this process. Trees selected for harvest must be capable of being economically and safely felled. See “Minimum Product Specifications” (Exhibit C-4).

221 –Table of Minimum Product Specifications. For a tree to be designated for harvest it must meet minimum tree specifications and include one minimum piece and be a Commercial Tree Species; Commercial tree species are shown in (Exhibit C-4). If minimum product specifications change the contractor will use the most current specifications. However, each timber sale will be marked with only one set of specifications.

230 - Designating Trees for Harvest

– All timber designated for harvest will be marked with blue or yellow paint (issued by the Forest Service).

– Trees Prohibited from Marking Designation – Under no circumstances shall dead trees, designated painted reserve trees, reserve areas, survey corner monuments (Bearing Trees) or Superior Trees (designated as a white ring around the tree bole generally at breast height) be designated for harvest.

- Area Based harvest units can include Cut Tree Mark (CTM) or Leave Tree Mark (LTM) units. These harvest units may include, but are not limited to, thinnings, shelterwoods, individual tree selections, group selections, individual and group selections, and improvement cut treatments. Within Area Based harvest units, the Contractor shall focus on the marking guide recommendations outlined on the prescription provided for each unit such as residual basal area targets, retention priorities, and removal priorities. The Contractor will not collect tally information or designate sample trees within Area Based harvest units. In Area Based CTM harvest units, trees to be harvested will be designated by the Contractor. Only trees meeting minimum merchantable tree and piece specifications (pulpwood and saw timber) shall be designated. No product call is to be made by the Contractor aside that each tree designated meets the minimum specification requirements for pulpwood. A liberal amount of paint shall be used to mark all trees as to ensure good paint visibility. Typically, this would mean three to four full sprays of paint on each side of designated tree & stump from a properly working marking gun. The paint should be applied at least ten inches in length above DBH (five to six feet) on the uphill and downhill sides of the tree. A stump mark shall be placed on the low side of the tree extending up the bole to stump height. Place stump marks inside butt flanges whenever possible to protect from damage during felling and skidding.

No paint shall be placed on moss. Moss and debris may be moved without damaging the tree. A liberal amount of paint shall be used on stump marks since these are very important and must be durable. In Area Based LTM harvest units, trees to be retained will be designated by the Contractor with orange paint in the same manner described above.

- Sample Tree Cut Tree Mark (CTM) Harvest units may include, but are not limited to, thinnings, shelterwoods, individual tree selections, group selections, individual and group selections, and improvement cut treatments. In CTM harvest units, trees to be harvested will be designated by the Contractor. A liberal amount of paint shall be used to mark all trees as to ensure good paint visibility. Typically, this would mean three to four full sprays of paint on each side of designated tree & stump from a properly working marking gun. Those trees meeting minimum tree and piece specifications for sawtimber shall be designated with one slash (at least ten inches in length) of paint above DBH (six feet) on the uphill side and another slash on the opposite side and a stump mark on the low side of the tree extending up the bole to stump height. Place stump marks inside butt flanges, low side of tree below the anticipated 12-inch stump height, to protect from damage during felling and skidding. No paint shall be placed on moss. Moss and debris may be moved without damaging the tree. A liberal amount of paint shall be used on stump marks since these are very important and must be durable. Mark pulpwood trees, minimum diameter of 5”, with one paint dot above DBH (six feet) on the uphill side of the tree and one paint dot on the opposite side. All stump markings must be executed in the same fashion as described for sawtimber.

– Adherence to the Residual Basal Area Objective. The contractor shall use a 10 BAF (basal area factor) wedge prism, relaskop, or other equivalent optical instrument to insure residual basal area meets silviculture prescription objectives. Basal area checks shall be performed during the marking of harvest units and documented.

- Cull trees that need to be felled to harvest merchantable trees shall be designated with an "X" painted at diameter at breast height on opposite sides of the tree and with a stump spot at least five inches in diameter placed inside the fluted portions of the butt as close to the ground as possible.

– Sample Tree Clearcut and Overstory Removal Units. All trees within the clear-cut boundary meeting minimum utilization standards will be designated for cutting except for painted reserve trees, reserve areas, survey corner monuments (Bearing Trees) or Superior Trees (designated as a white ring around the tree bole generally at breast height). Trees should be marked at breast height or above to keep track of trees tallied. No stumps marks are necessary, except within twenty feet along boundaries and designated reserve areas. This may be adjusted on a case by case basis with written permission from the Forest Service.

– Timber remarking is marking with Forest Service tracer paint previously marked trees including 2 bole marks and one stump mark. The Contractor shall furnish all labor, materials, supplies, equipment (including marking guns), tools, instruments, transportation and professional services, except those listed as Government Furnished Property (GFP). Contractor should be sure not to miss any previously marked stems within a unit when re-marking. Work does not require any tree cruising or designating trees for cruising.

- The government reserves the right to reject/refuse contractor equipment; if the equipment is in poor/moderate working order. In the event any equipment is rejected the contractor would replace or repair the equipment at no cost to the Government, which includes lost time as well.

240 – Documenting Locations of Points of Interest

All sample trees, reserve trees and group boundaries (Group Selection method 1) shall be recorded with a WAAS-enabled GPS. Points of unique features in the stand such as seeps, ledges and vernal pools shall be collected and noted using the same protocol.

250 - Tallying Timber for Harvest/Marking Records Applies only to Items 1A – 1D

All marked tree tallies by harvest unit must be delivered to the Forest Service on approved forms (provided be the Forest Service), and recorded information on the forms must be legible.

– Timber Tally Sheet Header Data Instructions - Proper entries to be made in filling out the tally sheet as follows:

a) Forest: Enter 22.

b) District: 02 - Androscoggin, 04 - Pemigewasset and 05- Saco

c) Sale Name: Enter name of sale.

d) Unit #.: Enter Harvest unit Number as shown on maps.

e) Date(s): Enter the date(s) the unit was marked and cruised.

g) Marker’s Name: Enter initials of marker(s)

h) Paint Color: Enter color of paint used to mark the harvest unit.

i) Batch #.: Record Batch Number of paint used.

l) Card #: Enter tally sheet number for each respective harvest unit, i.e. 1 of 3, 2 of 3, etc. in the upper right-hand corner of the Timber Tally Sheet

– Tally Sheet Data Entry. Timber Tally Sheets provided by the Forest Service (Exhibit C-1) will be used to record tree count in each unit by sample group. Use the dot-and-dash notation to record tree tallies. This notation applies to counts in units of 10 in the form of a box. Note that the placement of dots and dashes proceeds in a clockwise direction with the dots at each corner for the first four and lines connecting the dots at the sides of the box for the next four and, finally two diagonals across the box for the final two marks making up the ten. Start a new box with a new dot for the next set of ten. Upon completion of marking within each unit the total number of trees marked for each sample group and the total of all trees must be clearly noted on each tally card. All tally cards must be legible. Marks deliberately made with a pencil or pen by the contractor must clearly be distinguished from paint or other marks.

- Below is a portion of a Timber Tally Sheet used to track the total number of trees by sample group & strata. For example, the first sample group is SM 1:30, which represents sugar maple and requires that one tree out of every thirty trees will be a sample tree. Below in Strata 2 is MH – Mixed Hrd 1:300, which represent all hardwood non saw-timber, commonly called hardwood pulp, requiring that one tree out of every three hundred trees will be a sample tree.

Strata # 1

SM 1: 30

YB 1: 30

RM 1:30

Beech 1: 30

Aspen 1: 30

Strata # 2

MH- Mixed Hrd 1: 300

– Marking Progress. On one copy of the timber sale work map, weekly marking progress shall be indicated. This record shall be made available to the Government at every paint exchange or when requested. At the completion of each unit, the Contractor shall furnish a second copy of the work map indicating locations of sample trees, reserve trees, group boundaries, unusual circumstances or other points of interest locations. This second copy shall not include daily marking progress.

– Tally Form and Marking Record Submittal. All completed tally forms and marking records shall be turned into the Forest Service at least once per week. This generally occurs at the time of a paint exchange.

260 – Corrections.

Where it is necessary for the Contractor to make changes in trees originally marked, the Contractor shall completely cover any blue, yellow, orange or pink markings with black paint. Use of black paint needs to be documented and turned in to the Government. Electronic files and or dot tally counts shall be adjusted accordingly for any corrections.

270 - Timber Cruising Applies only to Items 1A – 1D

- Sample Tree Selection – The timber cruising method used within this marking contract is called “Sample-Tree”; where one tree will represent “X” many other trees of the same species or grouping. Your task while marking each unit is to select sample-trees that represent the particular predetermined sample group for each timber sale. All sample trees will be chosen without bias using pre-determined sample ratios provided by the Government on Timber Tally Forms and within the cruise design. In some cases, not all sample groups are present within each unit; some lines may be left blank. It is important that all tally trees within each unit have a sample representing each sample group, if present. It is also important that all sample trees be selected without bias. The standard “Timber Tally Sheet” (Exhibit C-1) will outline the sampling groups & ratios that you will need to follow.

a) In each harvest unit, the first sample tree for each sample group shall be taken at a random sample interval and then at the regular sample interval. For example, if the sample interval for a sample group is 1 in 20, pick a random number between 1 and 20 for the first sample tree within that group, the next sample tree would be the twenty-first tree tallied, and so on.

b) If the total tree tally for a sample group in a harvest unit is less than the random number selected for the first sample, your first sample in the next unit marked will be determined by your previous random number. (For Example, if your random number was 10 for a sample group with a ratio of 1 in 20, if you marked 8 trees in the previous unit, your new random sample number for the new unit would now be 2 (10 (original random number)-8 (trees marked)), the next sample tree would be the twenty-first tree tallied, and continued at the regular sample interval from moving forward.

- Sample Tree Marking - The contractor will identify each sample tree by painting an “S” on the up and down hill sides at DBH and hang 2 pieces of fluorescent pink ribbon on opposite sides of the sample tree to aid in finding the tree. Sample trees will be documented on a sample tree form, see exhibit C – 7.

- The Contractor shall review all data sheets to ensure that all information is filled out properly before delivery to the Government. All incomplete sheets will be returned to the Contractor for completion or correction. All data entries shall be complete and legible. All dot tally sheets and accompanying forms for a completed unit shall be turned in on a weekly basis.

- Contractor is responsible for keeping a progress report current and available for review by the Forest Service upon request.

280 – Marking Under Varying Weather Conditions

The Contractor shall plan on rainy/wet days when trees cannot be marked. The tree marking paint provided for this contract is water soluble and needs some drying time prior to exposure to heavy rainfall or wash-off problems can occur. Additionally, trees must be adequately dry following rain/snow before applying paint to trees.

– Temperature and Humidity. Periods of high temperature (80o F) with high relative humidity, or subfreezing temperatures, preceding forecast of rain or frozen precipitation should also be avoided. Potential for wash off problems in the leaf-on period is most critical in closed canopy hardwoods where dry time is extended by higher relative humidity, less air movement and less exposure of bark to direct sunlight than in open stands of most conifer types. Potential for wash off problems in the leaf-off period is most critical in hardwoods and some softwoods as rain water will travel down the stem or make direct contact, and wash the paint. Marking as these conditions approach may be extended if rain resistant paint is being used, however the section 284 still applies.

– Rainy Periods. The Contractor shall exercise prudent judgment as to when to start marking during rainy periods and when to stop once precipitation is anticipated. Marking as these conditions approach may be extended if rain resistant paint is being used, however the section 284 still applies. Resumption of marking following rainfall is at the Contractor's option. The Government reserves the right to stop the Contractor's marking if it is determined that weather is unsuitable and normal paint retention quality cannot be assured.

– Marking in Snow Conditions/Freezing Temperatures. During times when the tree stem is becoming frozen or is frozen, the tree stem may develop a thin layer of frost as a result of high relative humidity or frozen precipitation and will block the paint from properly adhering to the tree. All marking will cease, unless approved by written agreement, if snow levels average or exceed three inches. The contractor should plan on extended drying periods during cold weather especially freezing temperatures.

284 – Contractor Responsibility. The Government holds the contractor responsible for repainting any tree(s) or area(s), at no cost to the government, that are found to be faded, washed or visibly affected as described above.

C.1 Sustainable Acquisitions

The Contractor shall comply with FAR Part 23 Sustainable Acquisition Policy and all associated laws, rules, regulations, and executive orders referenced therein. Contracts that include the supply of products and for the acquisition of services (including construction) that include the supply of products, require that the products provided are—

(1) Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated); (applicable if FAR Clause 52.223-15 is included)

(2) Water-efficient; (applicable if FAR Clause 52.223-15 is included)

(3) Biobased; (applicable if FAR Clause 52.223-2 is included)

(4) Environmentally preferable (e.g., EPEAT®-registered, or non-toxic or less toxic alternatives); (applicable if FAR Clause 52.223-13,14, or 16 are included)

(5) Non-ozone depleting; (applicable if FAR clause 52.223-11,12,20, or 21 are included), and/or

(6) Made with recovered materials (EPA-Designated products) (applicable if FAR clause 52.223-9 or 17 is included).

(b) The required products in the contract actions for services include products that are—

(1) Delivered to the Government during performance;

(2) Acquired by the contractor for use in performing services at a Federally-controlled facility; or

(3) Furnished by the contractor for use by the Government.

C1.1 Sustainable products identified for this solicitation:

The following is a list of sustainable products that that may be used in the performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

C1.1.1 Energy-efficient and Water-efficient Products

ENERGY STAR® at http://www.energystar.gov/; and FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html www.epa.gov/watersense

Light Bulbs C1.1.2 Biobased Products: (requires reporting at www.sam.gov by 10/31 each year) http://www.biopreferred.gov

Tree Marking Paint C1.1.3 Environmentally Preferable Products:

www.epa.gov/epeat.

None

C1.1.4 Non-ozone Depleting Products:

http://www.epa.gov/snap

Aerosol solvents, cleaning solvents C1.1.5 EPA Designated Products:

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program Commercial/industrial sanitary tissue products, paper, plastic trash bags

SAFETY AND HEALTH

SUBMITTALS

A. Safety and Health Programs: The Contractor shall submit, for approval, a safety plan, as applicable to the work scope.

Ordering ProcedureS - Issuance of Task Orders Task Orders will be issued in accordance with FAR 52.216-18, FAR 52.216-19, FAR 52.216-22 and AGAR 452.216-73.

FAR 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): www.arnet.gov/far/

CONTRACT CLAUSES

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

FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(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.

(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 items, 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.

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Deviation) (MAR 2020)

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

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

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232)

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

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

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

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

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 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 (Oct 2015) (41 U.S.C. 3509)).

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

__(3a) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (April 2014) (41 USC 4712) (Deviation) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

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

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

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

__ (ii) Alternate I (mar 2020) of 52.219-4.

__ (13) [Reserved]

_X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020).

__ (iii) Alternate II (Nov 2011).

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

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

__ (iii) Alternate II (Mar 2004) 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 (Mar 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 (Mar 2020) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9.

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

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

Clause 52.219-14 applies 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. 657 f).

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

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

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

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

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

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

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

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

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

___ (ii) Alternate I (FEB 1999) of 52.222-26 __ (31) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

___ (ii) Alternate I (JULY 2014) of 52.222-35 _X_ (32) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (JULY 2014) of 52.222-36 __ (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (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 (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 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 (Dec 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

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

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693) __ (47)(i)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

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

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (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…