S01 Solicitstion Federal Tree Planting RFQ 12FPC123Q0011.pdf

United States Department of Agriculture

(USDA) Natural Resources

Conservation Service

(NRCS)

12FPC123Q0011

Federal Tree Planting

White and Gallatin Counties, Illinois

FOR SOLICITATION INFORMATION: Howard Stover Howard.Stover@usda.gov

Kristina Baker Kristina.Baker@usda .gov

OFFER DUE DATE/LOCAL TIME: 3 March 2023 0800 EST

A Solicitation/Contract Form

A.1 SF 1449 – to be provided upon award

A. 2 Department/Agency

A.2.1 United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS)

A.3 Contracting Office

A.3.1 Farm Production and Conservation - Business Center Acquisition and Procurement Division Section 1 - Operations Branch

A.4 Contracting Officer/Contract Specialist

A.4.1 Contracting Officer: Kristina Baker, email: Kristina.Baker@usda.gov

Contract Specialist: Howard Stover, email: Howard.Stover@usda.gov

A.4.2 Any USDA FPAC BC Contracting Officer can act on this contract should the need arise.

A.4.3 A Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. Only the contracting officer has authority to:

A.4.4

(1) increase or decrease the award amount; (2) direct or negotiate any changes; (3) modify or extend the period of performance; (4) change the schedule of completion; (5) authorize payment under this order; (6) otherwise modify any terms or conditions of this Contract.

A.5 Program Office

A.5.1 Natural Resources Conservation Service (NRCS) Illinois State Office

A.5.2 Point of Contact: To Be Provided Upon Award

A.5.3 The program office point of contact will act as the liaison to coordinate activities between the Contractor and Contracting Officer, as required, in the performance of the work under this contract. They have the authority to provide technical clarification of the contract requirements but does not have the authority to modify any contract provisions, including, without limitation, changing the scope of work, the cost/price thereof, or the performance delivery schedule(s) therefore.

Technical clarification will be issued in writing within 5 (five) calendar days after verbal issuance.

End of Section

B SF 1449 Services/Supplies and Prices/Costs

B.1 Contract Type

B.1.1 Purchase Order

B.1.2 Fixed Price

B.2 Pricing

B.2.1 The fixed price for this entire award is $____________. (To be provided upon award).

B.2.2 The fixed price for each process is:

Item Price

Mobilization and Demobilization

Tree Planting

Site Preparation

C Statement of Work

C.1 Background

C.1.1 The United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) is committed to “helping people help the land”.

Their mission is to provide America’s farmers and ranchers with financial and technical assistance to voluntarily put conservation on the ground, not only helping the environment but agricultural operations, too. For more information regarding the agency and its programs visit http://www.nrcs.usda.gov/.

C.1.2 The United States of America, acting through the United States Department of Agriculture’s Natural Resources Conservation Service (NRCS), Illinois has a requirement for a professional to plant trees and shrubs on 167 acres in White and Gallatin Counties according to the requirements below.

C.1.3 The prime window of opportunity for planting the required trees is typically March 1 through June 1. The period of performance will be from date of award through June 1, 2022 to allow the vendor time to obtain the necessary items to complete this requirement.

C.1.4 USDA is willing to conduct a site visit in the spring. If potential vendors feel a site visit is necessary in order to provide quote, please reach out to Howard Stover, Contract Specialist, Howard.Stover@usda.gov who will determine if a site visit can be done.

C.2 Scope of Work

C.2.1 Mobilization and Demobilization

C.2.1.1 The work consists of the mobilization and demobilization of the contractor's forces and equipment necessary for performing the work required under the contract. It does not include mobilization and demobilization for specific items of work for which payment is provided elsewhere in the contract. Mobilization will not be considered as work in fulfilling the contract requirements for commencement of work.

C.2.1.2 Equipment and Material

C.2.1.2.1 Mobilization shall include all activities and associated costs for transportation of contractor's personnel, equipment, and operating supplies to the site. Demobilization shall include all activities and costs for transportation of personnel, equipment, and supplies not required or included in the contract from the site.

C.2.1.2.2 This work includes mobilization and demobilization required by the contract at the time of award. If additional mobilization and demobilization activities and costs are required during the performance of the contract as a result of changed, deleted, or added items of work for which the contractor is entitled to an adjustment in contract price, compensation for such costs will be included in the price adjustment for the item or items of work changed or added.

C.2.1.2.3 The contractor shall assume responsibility for protection of existing roads, overhead and/or buried utilities and fences that may be affected by the work.

C.2.2 Tree Planting mailto:Howard.Stover@usda.gov

C.2.2.1 This work shall consist of site preparation, furnishing, transporting, temporary storage and planting tree seedlings of the species, method and quality specified and at the locations shown on the drawings provided in this solicitation.

C.2.2.2 Materials

C.2.2.2.1 Unless otherwise specified, all plant materials used shall be true to name, size and quality in conformity with the following standards:

C.2.2.2.1.1 AMERICAN STANDARD FOR NURSERY STOCK. Copyright 1973 (current edition 2004). ANSI Z60.1 - 2004 (Published by the American

Association of Nurserymen, Inc., 230 Southern Building, Washington, DC 20005)

C.2.2.2.1.2 Verification of Sources of Supply - The contractor shall verify, prior to bidding, all sources of supply to ensure that all of the items on the plant materials list, of size, species, variety, and quality noted and specified, can be supplied.

C.2.2.2.1.3 General Requirements - A minimum of 2% of the plants of each type representative of the planting group in a Tract will be properly identified by species name and size on legible weatherproof labels securely attached to the plants.

C.2.2.2.1.3.1 All plants shall be nursery grown from a seed source collected within a 300-mile radius of the job site and from an appropriate bottomland or upland source, as the case shall be, for the given species selected.

C.2.2.2.1.3.2 All plants shall have normal, well-developed branches and vigorous root systems characteristic of the species. They shall be sound, healthy, vigorous, free from defects, disfiguring knots, abrasions of the bark, sun scaled injuries, plant diseases, insect eggs, borers, and all other forms of infections. They shall be carefully dug such that the major portion of the root system, including the fibrous roots, remains intact. The soil shall be carefully removed from the roots, avoiding unnecessary loss or breakage of fibrous roots. Any roots that are broken or which must be cut shall be cleanly cut. The roots of all plants shall be protected at all times to prevent injury or drying caused by heat, sun, wind, and freezing temperatures.

C.2.2.2.1.3.3 All plants shall be dormant when collected.

C.2.2.2.1.3.4 Plants which have been held in storage shall be rejected if they show signs of growth during storage.

C.2.2.2.1.4 Inspection of Plant Material - The Contractor shall notify the Contracting Officer’s Technical Representative of the source of plant materials at least one (1) week prior to delivery. The COR will have the option, at their discretion, to inspect the plants for acceptance at the place of growth.

Inspection at the place of growth will not impede the right to reject plants at the planting site.

C.2.2.2.1.4.1 The Contractor shall notify the COR when the plant materials arrive upon the job site. Plant materials shall be inspected, and a determination shall be documented as to their condition relative to their suitability for planting prior to the commencement of work.

C.2.2.2.1.4.2 Final acceptance of all plant materials shall be given only after the materials are planted and after all requirements are met.

C.2.2.2.1.4.3 Unacceptable plant material shall be immediately removed at contractor’s expense from the jobsite.

C.2.2.2.1.5 Delivery and Storage - All plants shall be packed in such a manner as to insure adequate protection against climatic, seasonal or other injuries during transit. Special care shall be taken for prompt delivery and careful handling in loading and unloading. Plants should be kept moist during transportation, storage, and during the planting operation.

Seedlings should be planted within five (5) days of arriving at the site. If the tree seedlings are not planted within five

(5) days after they have arrived from the designated nursery, the Contractor shall place them in cold storage at 35 to 45 degrees Fahrenheit. The Contractor shall be responsible for protecting the seedlings from injury or theft during the contract period.

C.2.2.2.1.5.1 No plant shall be pruned prior to delivery. Root stock may be pruned at the planting site, to a length no less than 8 inches, to accommodate the proper placement and position of roots in the planting trench.

C.2.2.2.1.5.2 Each shipment of plants to the site shall be accompanied by a delivery slip indicating source of supply, exact quantities, sizes, and species delivered. A copy of all delivery slips shall be delivered to the COR.

C.2.2.2.1.6 Measurement for Size - All planting stock shall be bare root seedlings, nursery grown for a minimum of one year.

The minimum height of seedling stock shall be 12 inches, measured from the root collar to the tip of the branches. The minimum seedling diameter shall be 7/32 inch, measured at 1 inch above the root collar. The minimum length of roots shall be 8 inches, measured from the root collar to the tip of the roots. All seedlings shall have at least 5 primary roots 1/10-inch diameter or larger. Roots longer than 8 inches may be pruned to 8 inches during the same day in which they will be planted, to accommodate proper placement in the planting trenches.

C.2.2.3 Site Preparation - Site preparation will be required to be performed on the entire acreage of the tree planting area prior to tree planting. The only approved method of site preparation shall be rotary mowing. The existing vegetation shall be mowed to a height no greater than 8 inches above the ground. Disking or strip mowing is not authorized.

C.2.2.4 Planting

C.2.2.4.1 Planting Procedures

C.2.2.4.1.1 Seedlings shall be planted upright with no more than a 20% lean. Soil shall be packed firmly around seedling roots to eliminate air pockets. Furrows shall be sufficiently pressed to ensure that seedlings will not be windthrown or scoured out during flood flows. The Contractor shall ensure that planting furrows are deep and wide enough to fully extend roots.

Tree seedlings shall be planted so that the root collar is placed 1/2 inch deeper than the depth at which it was grown in the nursery. Trees shall be planted with conventional forestry planting equipment such as the dibble bar, planting spade, or mechanical tree setter.

C.2.2.4.1.2 Seedlings shall be planted on the geographic contour. The Contractor shall plant the species type and number identified in the planting groups contained in this specification, at the locations identified for the appropriate planting group on the maps provided in this solicitation. To attain a random species mix within the planting group, the Contractor shall ensure that at least two species are planted per row and that no two rows of the same species are planted adjacent to one another.

C.2.2.4.2 Inspection Requirements

C.2.2.4.2.1 Inspection of seedling quality by the government or its agents will be performed under this contract prior to or at the beginning of the planting of the seedlings. The government or its agents shall be given at least 48 hours’ notice of the anticipated arrival of seedlings and planting crew to each site to facilitate the completion of this inspection requirement.

C.2.2.4.2.2 Inspection by the government of the tree planting adherence to contract specifications will be performed under this contract by measuring sampling plots. A sampling plot is defined as a 1/20-acre sample taken for every 10 acres of planted area. An area will be considered adequately planted when a minimum of 80% of the trees in each sample plot meets contract-planting specifications. In the event, a sample plot fails to meet the contract requirements, the Contractor will be required to re-work the 10 acre area prior to reinspection. The re-inspection sample plot will not be the original sample plot.

C.2.2.5 Measurement and Payment

C.2.2.5.1 Method 1 - The acreage figure for each tract or planting group is an estimate that was made on an aerial photograph. Payment will be made to the nearest 0.1 acre shown in the bid schedule. The estimated acreage will not be re-measured or adjusted further. Contractor is responsible for providing and planting the number of trees necessary to achieving the specified spacing. Such payment will constitute full compensation for furnishing, transporting, planting trees complete and in place. For items of work for which specific unit prices are established in the contract, each area treated as specified will be measured to the nearest 0.1 acre. Payment for treatment will be made at the contract unit price for the designated treatment which will constitute full compensation for completion of the work. The payment for planting trees and shrubs shall be paid for at the contract unit price as shown in the bid schedule.

Such payment shall constitute full compensation for all labor, tools, equipment, materials, and other necessary and incidental to completion of work.

C.2.2.5.2 Method 2 - For items of work for which specific lump sum prices are established in the contract, the quantity of work will not be measured for payment. Payment for this item will be made at the contract lump sum price for the item and will constitute full compensation for completion of the work.

C.2.2.5.3 Method 3 - For items of work for which lump sum prices are established in the contract, payment will be made as the work proceeds, after presentation of invoices by the Contractor showing related costs. If the total of such payments is less than the lump sum contract price for this item, the unpaid balance will be included in the final contract payment. Payment of the lump sum contract price will constitute full compensation for completion of the work.

C.2.2.5.4 All Methods - The following provisions apply to all methods of measurement and payment. Compensation for any item of work described in the contract but listed in the bid schedule will be included in the payment for the item of work to which it is made subsidiary. Such items and the items to which they are made subsidiary are identified in below.

C.2.2.6 Items of Work and Details - Items of work to be performed in conformance with this specification and details are:

C.2.2.6.1 Bid Item 2 – Planting Trees, Dale Strupp White Co. 50 acres & Logsdon Gallatin Co. 120 acres

C.2.2.6.1.1 This item shall consist of site preparation, furnishing, storing, transporting, and planting bare root tree seedlings in the areas shown on the attached drawings.

C.2.2.6.1.2 Site preparation is required.

C.2.2.6.1.3 Staging and storage of materials shall be in the areas designated.

C.2.2.6.1.4 The species and number of seedlings per acre to be planted in each area shall be as shown in the following Plant Materials List. All seedlings shall be bare root.

C.2.2.6.1.5 Tree seedlings in all areas shall be planted at a rate of 435 seedlings per acre. Seedlings shall be planted on a 10 foot by 10-foot grid spacing.

C.2.2.6.1.6 The following will be furnished to the Contracting Officers Technical Representative (COTR) or the Government Inspector by the Contractor:

C.2.2.6.1.6.1 Copies of invoices of each shipment of seedlings.

C.2.2.6.1.6.2 Certification that all seedlings conform to the standards of the AMERICAN STANDARD FOR NURSERY STOCK. Copyright

1973 (current edition 2004). ANSI Z60.1 - 2004 (Published by the American Association of Nurserymen, Inc., 230 Southern Building, Washington, DC 20005)

C.2.2.6.1.6.3 Certification that the equipment to be used is of the proper type, sizes, capacity, and condition to do the work.

C.2.2.6.1.6.4 An inspection certificate for each shipment of seedlings crossreferenced with the invoice for each shipment.

C.2.2.6.1.6.5 Documentation of seed source for seedlings.

C.2.2.6.1.7 Areas shown on the maps or marked in the field as food plots, open water areas, power lines or existing woodland shall not be planted.

C.2.2.6.1.8 Caution should be taken to preserve steel posts placed by survey benchmarks as shown on the drawings.

Replacement of benchmark marker posts shall be at the contractor’s expense.

C.2.2.6.1.9 Measurement and Payment shall be by Method 1 discussed above.

C.2.2.7 Tree Species – A minimum of 5 species is required, in equal numbers per species. Care should be taken to plant appropriate species at the topographic elevation that each species would be found in a natural setting.

Bald Cypress, Taxodium distichum Water Tupelo, Nyssa aquatica Water Hickory, Carya aquatica North Pecan, Carya Illinoensis Overcup Oak, Quercus lyrata

Pin Oak, Quercus palustrus Willow Oak, Quercus phellos Nuttall Oak, Quercus texana Shumard Oak, Quercus shumardii Sugarberry, Celtis laevigata Swamp Chestnut Oak, Quercus michauxii Cherrybark Oak, Quercus pagoda

C.2.3 Tree-Shrub Site Preparation

C.2.3.1 Definition – Treatment of sites to enhance the success of natural or artificial regeneration of desired trees and/or shrubs.

C.2.3.2 Purpose - This practice is used to accomplish one or more of the following purposes:

C.2.3.2.1 Manage soil conditions, naturally available water, and seasonally high water to favor tree and shrub establishment, survival, and growth.

C.2.3.2.2 Modify the habitat of weeds, pests, and diseases to reduce pressure on naturally or artificially regenerated trees and shrubs.

C.2.3.2.3 Facilitate the establishment, survival, and growth of tree and shrub species.

C.2.3.3 Conditions Where Practice Applies - On all lands suited to growing woody plants where current site conditions are not suitable for the natural or artificial establishment of desired trees and shrubs.

C.2.3.4 Criteria

C.2.3.4.1 General Criteria

C.2.3.4.1.1 Use mechanical, chemical, or prescribed burning methods either alone or in combination to alter woody residue, vegetation, ground cover, soil, or microsite conditions to prepare the site for planting, seeding, or natural regeneration of desired tree and shrub species.

C.2.3.4.1.2 Expose mineral soil as needed to achieve the desired distribution of plants to be established by seed for tree and shrub species that require mineral soil for germination and establishment.

C.2.3.4.1.3 Determine method(s), intensity, and timing of site preparation activities depending on topography, and on soil and site conditions. Schedule silviculture and site preparation activities so they are completed at the optimal time prior to the commencement of planting or seeding activities, or to the initiation of natural regeneration.

C.2.3.4.1.4 Leave woody residue in place to provide soil protection and wildlife habitat, retain soil moisture and organic matter, and protect the soil surface from temperature extremes—except where it will pose a fire hazard, increase the risk of pest damage, or interfere with management activities.

C.2.3.4.1.5 Use NRCS CPS Prescribed Burning (Code 338) when using fire to prepare a site.

C.2.3.4.1.6 On soils prone to compaction or rut formation, use low ground-pressure equipment or nonmechanized site preparation methods. When preparing compacted cropland or pasture sites for tree planting, chisel, rip, and/or subsoil to mitigate compacted soil layers, as needed. Use criteria in NRCS CPS Deep Tillage (Code 324).

C.2.3.4.1.7 Retain desirable surface and canopy cover to protect soil and site conditions. Alternatively use NRCS CPS Cover Crop (Code 340) or Critical Area Planting (Code 342) and/or other measures as needed to control erosion, runoff, and displacement from typical rainfall events.

C.2.3.4.1.8 Do not use wheeled and tracked equipment on slopes where operability causes safety concerns or adverse impacts on soil conditions. Perform ground-disturbing site preparation activities on the contour where feasible. Restrict the use of wheeled and tracked equipment to periods when the soil is either frozen or unsaturated. Use designated trails or establish a trail system as appropriate and feasible. Use NRCS CPS Forest Trails and Landings (Code 655).

C.2.3.4.1.9 Mitigate site preparation activities near wetlands, water bodies, and in or near riparian areas to reduce negative water quality impacts.

C.2.3.4.1.10 Fence out livestock to prevent damage to site preparation areas and woody plants.

C.2.3.4.1.11 Follow State’s best management practices for water quality. See Foresty Best Management Practices for Illinois in REFERENCES.

C.2.3.4.2 Additional Criteria for Reducing Habitat for Harmful Pest and Diseases of Woody Plants

C.2.3.4.2.1 Remove vegetation infected with transmittable disease (e.g., mistletoe and certain root rots). Consult a professional forester to aid in identifying sanitation measures.

C.2.3.4.2.2 Treat slash and woody debris so that it does not create habitat for, or harbor, harmful levels of pests. Refer to criteria in NRCS CPS Woody Residue Treatment (Code 384).

C.2.3.4.2.3 Clean equipment and gear before and after site preparation activities where risk of spread and potential impact from invasive species or harmful pathogens is likely.

C.2.3.4.3 Additional Criteria for Ponding, Flooding and Seasonally High Water

C.2.3.4.3.1 On sites where a seasonal excess of surface water restricts the establishment or regeneration of desired and adapted trees or shrubs, use temporary water management techniques as allowable by regulation, laws, and policy as needed.

C.2.3.4.3.2 Where temporary water management is used, limit the depth, spacing, and number of channels to the minimum amount needed to remove excess surface water for tree/shrub establishment or regeneration.

C.2.3.4.3.3 Temporary water management channels must empty into areas where runoff will be diffused and filtered by vegetation and soils before reaching a natural water body.

C.2.3.4.3.4 Apply water management activities, including spoil placement, in compliance with the Clean Water Act, Food Security Act, and NRCS Wetland Compliance.

C.2.3.5 Consideration

C.2.3.5.1 To reduce problems associated with insects in logging debris and the reestablishment of undesirable species, consider doing site preparation within one year after logging, followed promptly by planting or natural regeneration.

C.2.3.5.2 To reduce negative impacts on wildlife species and their habitat, consider the timing of site preparation to minimize actions that disturb seasonal wildlife activities.

C.2.3.5.3 Particulates, smoke, dust, and other air pollutants generated by site preparation may have negative effects on air quality. Consider proximity to populated areas, roads, and visually sensitive areas when planning method and timing of site preparation activities.

C.2.3.5.4 Where site preparation requires treatment of competing vegetation, consider alternatives to chemical treatments such as thermal applications, mulching, or solarization. Use other emerging technologies when applicable.

C.2.3.5.5 Where plow pans or compacted soils exist, but may or may not warrant deep tillage mitigations, consider planting tillage radishes and other deep rooted cover crops in advance of tree planting and other site preparation activities to promote healthy plan root systems.

C.2.3.5.6 When preparing sites located in cropland fields, consider the effect carry-over herbicide residue will have on planted tree species.

C.2.3.5.7 For complex sites, consult a professional forester for assistance.

C.2.3.6 Plans and Specifications

C.2.3.6.1 Prepare plans and specifications for site preparation in accordance with this standard. Clearly describe the requirements for applying the practice to achieve its intended purpose. As a minimum, include the following in the implementation requirements document or other acceptable planning documentation:

C.2.3.6.1.1 Maps, drawings, and narratives, showing areas to be treated, and showing details of the layout of site preparation activities relative to streams, wetlands, or water bodies, underground or overhead utilities, existing access or other infrastructure, etc., as applicable.

C.2.3.6.1.2 Description of existing land use and vegetative cover.

C.2.3.6.1.3 Description of site preparation methods to be used and application dates.

C.2.3.6.1.4 Description of mitigations for compaction, erosion, soil organic matter removal, and any other anticipated site impacts.

C.2.3.6.1.5 State whether site preparation is for natural or artificial regeneration. If artificial, provide the planned date for tree planting, timed appropriately relative to site preparation.

C.2.3.6.1.6 Details on undesirable plant species to be treated and control methods to be used.

C.2.3.6.1.7 Description of contingency plans in case of flooding or other disturbances that impact implementation schedules or mitigations.

C.2.3.6.1.8 References to other conservation practice specifications, if applicable.

C.2.3.7 Operation and Maintenance

C.2.3.7.1 Operation

C.2.3.7.1.1 Site preparation operations will comply with all local, State, and Federal laws and ordinances, and with State’s forestry best management practices for water quality.

C.2.3.7.1.2 For site preparation using herbicides, the operator will develop a safety plan for individuals exposed to chemicals, including telephone numbers and addresses of emergency treatment centers and the telephone number for the nearest poison control center. The National Pesticide Information Center (NPIC) telephone number in Corvallis, Oregon, may also be given for nonemergency information:

18008587384, Monday to Friday, 6:30 a.m. to 4:30 p.m.

Pacific Time. The national Chemical Transportation

Emergency Center (CHEMTRAC) telephone number is 1-800-424-9300.

C.2.3.7.1.2.1 Follow label requirements for mixing/loading setbacks from wells, intermittent streams, and rivers, natural or impounded ponds and lakes, and reservoirs.

C.2.3.7.1.2.2 Post signs, according to label directions and/or Federal, State, Tribal, and local laws, around fields that have been treated. Follow restricted entry intervals.

C.2.3.7.1.2.3 Dispose of herbicides and herbicide containers in accordance with label directions and adhere to Federal, State, Tribal, and local regulations.

C.2.3.7.1.2.4 Read and follow label directions and maintain appropriate material safety data sheets.

C.2.3.7.1.2.5 Calibrate application equipment according to recommendations before each seasonal use and with each major chemical and site change.

C.2.3.7.1.2.6 Replace worn nozzle tips, cracked hoses, and faulty gauges on spray equipment.

C.2.3.7.1.2.7 Herbicide application records shall be kept in accordance with USDA Agricultural Marketing Service’s Pesticide Recordkeeping Program and State-specific requirements.

C.2.3.7.1.3 Determine the success of the practice by evaluating post-treatment conditions and verifying that they are suitable for the establishment of desired trees and shrubs.

C.2.3.7.2 Maintenance

C.2.3.7.2.1 Following initial application, some regrowth, sprouting, or reoccurrence of undesirable plants may be expected. Spot treatment of individual plants or areas needing retreatment should be completed as needed while woody vegetation is small and can be most successfully treated, during the lifespan of this practice. This includes maintaining erosion control measures as necessary and controlling access by vehicles, wildlife, or livestock, to support successful establishment of this practice.

C.2.3.7.2.2 Control plant species on the Federal and State invasive species and noxious weed list.

C.3 Location of Service

C.3.1 See attachment J.3 and J.4 for a map of the location.

D Reserved

E Inspection and Acceptance

E.1 Acceptance of service will be done at the end of each practice.

E.1.1 Acceptance will be determined by the Contracting Officers Representative (COR).

E.1.2 Acceptance will be based on if the requirements under Section C are met.

E.1.3 The COR/Technical Point of Contact (POC) or Contracting Officer (CO) reserves the right to review all work products required under the contract for acceptability as needed.

The Government shall notify the Contractor whenever revisions are required in order for deliverables to be deemed acceptable.

F Period of Performance

F.1 Period of Performance

F.1.1 The period of performance for this award shall be from the date of the award until June 1, 2023.

G Invoicing

G.1 Farm Production and Conservation (FPAC) Clauses

G.1.1 FPAC 4I-52.232-70 ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

(a) Invoices must be submitted electronically through the U.S.

Department of the Treasury’s Invoice Processing Platform System (IPP).

The Contractor must use the IPP website (https://www.ipp.gov) for submitting invoices. Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

(b) Under this contract, the following document(s) are required to be submitted as attachment(s) to the IPP invoice:

Invoices shall be submitted, and payment will be made as the work proceeds, after presentation of paid invoices or documentation of direct costs by the contractor showing specific mobilization and demobilization costs and supporting evidence of the charges of suppliers, subcontractors, and others. When the total of such payments is less than the lump sum contract price, the balance remaining will be included in the final contract payment. Payment of the lump sum contract price for mobilization and demobilization will constitute full compensation for completion of the work. Payment will not be made under this item for the purchase costs of materials having a residual value, the purchase costs of materials to be incorporated in the project, or the purchase costs of operating supplies.

Invoices shall have supporting documents attached within in IPP. The supporting documents should include a breakdown of the total amount.

Invoices and supporting documentation shall be attached within the Invoice Processing Platform (IPP) and shall not be submitted directly to the Contracting Officer.

https://www.ipp.gov/

(End of clause)

G.2 Payment

G.2.1 USDA pays for services in arrears (after service is completed). No payments will be made prior to the completion of service.

G.2.2 Payment will be made after receipt of invoice or acceptance of service whichever is later. Payment will be made via Electronic Funds Transfer.

H Reserved

I Task Order Provisions and Clauses

I.1 Agriculture Acquisition Regulation (AGAR) Provisions

I.1.2 AGAR 452.204-70 – Inquires (Feb 1988)

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about any aspect of this requirement prior to contract award.

(End of provision)

I.2 Farm Production and Conservation (FPAC) Provisions

I.2.1 FPAC 4I-52.233-70 Protests to the Agency

(a) An agency protest filed with the contracting officer shall be sent to the contracting officer’s mailing address or email address listed in the solicitation. The contractor should contact the contracting officer to verify the mailing or email address prior to delivering a protest.

(b) The independent review of a contracting officer’s decision regarding a protest described at FAR 33.103(d)(4) is not available as an alternative to consideration of the protest by the contracting officer. An independent review is available only as an appeal of the contracting officer’s decision on a protest. An appeal must be filed within 10 calendar days of the protestor’s receipt of the contracting officer’s decision, otherwise the appeal will be deemed untimely and not considered. The appeal must be directed to the Head of the Contracting Activity but sent to the contracting officer.

(c) The protest must contain all of the elements required by FAR 33.103(d)(2).

Failure to substantially comply with any of the requirements of FAR 33.103(d)(2) may be grounds for dismissal of the protest.

I.3 Federal Acquisition Regulations (FAR) Provisions

I.3.1 Provisions Incorporated by Reference

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.212-1 Instructions to Offerors – Commercial Products and Commercial

Services (Nov 2021)

I.3.2 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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

https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3

(a) Definitions. As used in this provision—

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

(b) Prohibition.

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a

Federal contract. Nothing in the prohibition shall be construed to—

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

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

https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_204_25

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

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment—

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

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

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

(ii) For covered services— https://www.sam.gov/ https://www.sam.gov/ https://www.sam.gov/

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

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(B) If not associated with maintenance, the PSC of the service being provided;

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

I.3.3 52.204-26 – Covered Telecommunications Equipment or Services – Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and

"reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

I.3.4 FAR 52.212-3 – Offeror Representations and Certifications – Commercial Items (Nov 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

I.3.5 FAR 52.252-1 – Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/ https://www.sam.gov/ https://www.sam.gov/ https://www.sam.gov/ https://www.sam.gov/ https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_25 their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov.

I.4 Agriculture Acquisition Regulation (AGAR) Clauses

I.4.1 AGAR 452.211-72 – Statement of Work/Specifications (Feb 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the objectives set forth in the Performance Work Statement/Specifications referenced in Section C.

(End of Clause)

I.4.2 AGAR 452.211-73 Attachments to Statement of Work/Specifications (Feb 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

(End of Clause)

I.4.3 AGAR 452.211-74 – Period of Performance (Feb 1988)

The period of performance for this award shall be from the date of the award until June 1, 2022.

(End of Clause)

I.4.4 AGAR 452.246-70 – Inspection Acceptance (Feb 1988)

(a) The Contracting Officer or Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed once a month.

I.4.5 AGAR 452.224-70 – Confidentiality of Information (Feb 1988)

(a) Confidential information, as used in this clause, means --

(1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting

Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure,

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

(End of Clause)

I.5 Federal Acquisition Regulation Clauses (FAR)

I.5.1 Clauses Incorporated By Reference:

52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Nov 2011)

I.5.2 52.212-4 - Contract Terms and Conditions—Commercial Items (Dec 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust…