Sol_140L0722Q0009.pdf

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RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/05/2022 1500 MD

07/05/2022

2083843317Nikki Bachman (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L0722Q0009

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 42 0040578944OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

IDAHO FALLS ID 83401

1405 HOLLIPARK DRIVE

BLM-ID UPPER SNAKE FIELD OFFICE (ID

15. DELIVER TO

BOISE ID 83705

3948 DEVELOPMENT AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

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12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BLM ID-BOISE DIST OFC(IDB00)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

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UNIT PRICE

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QUANTITY

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SCHEDULE OF SUPPLIES/SERVICES

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ITEM NO.

Legacy Doc #: BLM Delivery: 10/15/2022 Period of Performance: 09/01/2022 to 10/15/2022

00010 CEDAR BUTTE JUNIPER THINNING 2022

Product/Service Code: F014 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- TREE THINNING

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Nikki Bachman

. YOUR OFFER ON SOLICITATION (BLOCK 5),

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OFFER

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ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

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40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

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41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

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UNIT PRICE

22.

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21.

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SCHEDULE OF SUPPLIES/SERVICES

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ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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42 2 of

SOLICITATION NO: 140L0722Q0009

TITLE: Cedar Butte Juniper Thinning Page 3

INFORMATION TO PROSPECTIVE QUOTERS

This is a combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Firm, fixed-price quotes are requested under Request for Quotation (RFQ) Solicitation number 140L0722Q0009. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2022-03. This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 115310. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $20.5 Million.

No Site Visit will be held

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

Questions Due Date: July 29, 2022

Due Date: August 5, 2022 3:00 pm MDT. Quotes will be accepted via Email at nbachman@blm.gov. Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov.

In accordance with this Solicitation Section 4 - Solicitation Provisions

See FAR 52.212-2 Evaluation - Commercial Items

The overall proposal shall consist of a completed Standard Form 1449, completed Bid Schedule, and a detailed work plan that demonstrates the capability to meet the technical aptitude of the Statement of work.

To expedite the handling of your quotation, please check the following items:

❏ Is the unit price legible?

❏ Is the extended price correct?

❏ Have you initialed any changes or erasures?

NOTE: SUBMIT ONLY REQUESTED ITEMS ABOVE, NOT THE ENTIRE SOLICITATION

https://www.sam.gov/

TITLE: Cedar Butte Juniper Thinning Page 4

TABLE OF CONTENTS

Section 1: Solicitation/Contract Form See Standard Form 1449

Section 2: Contract Clauses 11

Section 3: List of Documents, Exhibits, and Other Attachments 25

Section 4: Solicitation Provisions 26

TITLE: Cedar Butte Juniper Thinning Page 5

SECTION 1: BID SCHEDULE

Offerors are to complete Block 17a and blocks 30 - 31 of the SF-1449.

CEDAR BUTTE JUNIPER THINNING (LOP & SCATTER)

Line Item Number Description Est.

Quantity Unit of Issue Unit Price Total Cost

0001 Cedar Butte Lop & Scatter 575* Acres $ $

TOTAL – ALL OR NONE $

*GIS Calculated Quantity

Total Estimated Acres: 575 ac.

Estimated Start Date: 9/1/2022 Period of Performance: 45 working days

During implementation, access roads may not be passable due to muddy or wet conditions.

Contractor will be required to start work within three days after being notified by the

Contracting Officer Representative.

Note: This Solicitation is “All or None”

TITLE: Cedar Butte Juniper Thinning Page 6

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

IDAHO FALLS DISTRICT BUREAU OF LAND MANAGEMENT UPPER SNAKE FIELD OFFICE

STATEMENT OF WORK

CEDAR BUTTE JUNIPER THINNING (LOP & SCATTER)

Item #0001 Cedar Butte Juniper Lop & Scatter

1. Approximate Acreage: 575 Acres

2. Background: The project area consists of Utah Juniper (Juniperus osteosperma) woodland and sagebrush steppe habitat. Fuel loadings range from less than one ton per acre to as high as 25 tons or more per acre.

The purpose of the Cedar Butte project is to reduce the risk of large and/or severe wildland fire, improve sagebrush steppe habitat, and reduce soil erosion. Treatments that focus on reducing fuel loads and increasing crown spacing within encroached woodland and dense woodland vegetation types have been shown to reduce the severity of wildland fire as well as improve shrubland and woodland health and wildlife habitat.

3. Purpose: The purpose of the Cedar Butte project is to reduce fuel loadings and soil erosion potential, as well as improve overall vegetative health, sagebrush steppe health and wildlife habitat. The Contractor will furnish all tools, labor, supervision, equipment, materials, supplies, transportation, training, and incidentals necessary to accomplish the removal of trees and treatment of slash in accordance with the specifications provided.

4. Scope of Work: The objective of this treatment is to remove all juniper regrowth (stems and seedlings) that has occurred since the initial treatment in 2016. The previously treated unit is in need of maintenance to retain the effectiveness of the previous treatments, thereby maintaining the sagebrush restoration and fuels reduction work in the area.

5. Location of Work Site as Shown on Work Location Maps: Project area is located approximately eight miles west of Atomic City, Idaho (Location - Map 1). All work will be performed on land administered by the Bureau of Land Management. General-purpose maps will be included to give the minimum needs for a contractor’s project bid. Once the project is accepted by the contractor, maps will be provided by and agreed upon by BLM and the contractor. See attached maps for general location of project area and treatment unit.

6. Detailed Unit Information: The Cedar Butte project consists of a single unit totaling 575 acres. Species of trees to be cut will be Utah Juniper. Because of the scattered nature of the vegetation, not all acres within the established boundaries of the treatment unit will require the same amount of labor to achieve the specifications outlined below. The unit was previously treated (mechanically masticated) in 2016 to remove much of the standing woody material. Because the masticator was unable to remove all the ground level stems, many of the stumps are showing signs of regrowth. Much of the regrowth is less than three inches in diameter and can easily be severed with heavy-duty bypass loppers, however, access to hand saws is also highly recommended (Image 1). Additionally, juniper seedlings as well as several isolated mature trees that were missed during the initial treatment will need to be removed. It shall be the responsibility of the Contractor (i.e., knowledge and experience of the crew leader) to determine the quantity of work needed to meet specifications identified in this SOW. Acreage of the unit was determined by calculations based on a horizontal plane using GIS technology (Treatment - Map 2). It is highly recommended that the contractor visits the site prior to bidding.

7. Specifications: Manual Fuels Reduction Treatment (Lop & Scatter):

TITLE: Cedar Butte Juniper Thinning Page 7

(a) The amount of slash to be lopped and scattered averages less than one ton per acre. Site is accessible by vehicle or walk-in of less than 1/2 mile. Reduced slash to the extent so that it is within six inches of the ground at all points.

(b) The material to be treated consists of young juniper seedlings, previously masticated junipers where regrowth has occurred, or mature junipers that were missed during the initial treatment (2- 5 trees).

(c) Lop and scatter all existing living material so that all top and side branches are free of the central stem and the slash does not exceed 6 inches in depth. Central stem length shall not exceed 4 feet.

(d) Completely sever all live junipers with the stump height no taller than ground level on the uphill side. No live (green) limbs shall be left on the stumps of cut trees.

(e) Cut or removed trees and brush shall not be left hanging up in leave trees or adjacent brush.

(f) Two avoidance areas exist within the treatment unit. These areas consist of mature clumps of junipers for wildlife benefit and will be excluded from treatment.

8. Treatment of Surplus Vegetation: Individual species may be specified as reserved from cutting on individual units.

9. Performance Time Allowed: Base Line Item – 10 days of Actual Cutting

1.0 GENERAL

1.1 Purpose: The purpose of this contract is to secure services for a lop and scatter treatment. The Contractor will furnish all tools, labor, supervision, equipment, materials, supplies, transportation, training, and incidentals necessary to accomplish the removal of trees and treatment of slash in accordance with the specifications provided.

1.2 Access: Legal public access to the project areas will be identified on the maps prior to the contractor starting the implementation phase. Seasonal road closers may exist (contractor will be notified of closers upon award). Contractor will assume responsibility for any additional access if desired. If roads or any type of access become subject to damage, because of adverse weather conditions or other natural and or political reasons, the COR will relay information to the contractor, and a Stop Work Order may be implemented by the CO until other access can be decided.

1.3 Notification of Cessation or Restart of work: The Contractor will notify the Contracting Officer's Representative (COR) whenever he/she intends to cease operations for three or more days and will notify the COR before starting operations after a shutdown of three or more days.

1.4 Requirements of Equipment to be Supplied by Contractor: Sufficient to meet specification of the contract.

1.5 Personnel Requirements: The crew is responsible for maintaining a safe working environment following OSHA standards. The Contractor must attend the pre-work meeting and provide a written performance plan including crew size prior to beginning work.

1.6 Crew Foreman: A crew foreman must be on-site directing work at all times. This person will also serve as an on the ground contact person for the COR/PI. Failure to maintain a crew foreman will result in suspension of work until a crew foreman is provided. A maximum of five (5) days will be allowed to produce a qualified foreman. Failure to produce a qualified on-the-ground foreman within five days may result in the Contracting Officer (CO) issuing a Suspend Work Order. CO and COR must be informed of any changes in Crew Foreman.

TITLE: Cedar Butte Juniper Thinning Page 8

1.7 Chemical Application: The Contractor’s applicator(s) shall hold a current Idaho Professional Applicator License in the Agricultural Pesticide Category. The Government will inspect each applicator for their current Idaho Professional Applicator’s License in the Agricultural Pesticide Category before work on this contract.

1.8 Work Camps: Camping on agency-administered lands will only be allowed in approved sites and with the prior written authorization of the responsible land manager. Should such a work camp be authorized, the Contractor shall maintain the camp in an orderly and sanitary manner. All fire regulations and permits shall be followed. All garbage and refuse shall be removed from the camp site(s) by the Contractor and disposed of offsite before final payment is made.

1.9 Protection of Improvements: The COR may order a cessation of work if vehicles are operated on roads within the work area when ground or weather conditions cause or lead to loss of traction. Such conditions usually develop where frozen ground is thawing, when snow is melting, and during or immediately following rainstorms. Any soil and ground disturbance caused by equipment during and after operations will be rehabilitated.

1.10 Work hours under this contract shall be limited to the time between 8 a.m. to 8 p.m. No work will be done on legal National Holidays unless authorized by the COR.

1.11 Salvage Rights: No salvage will be allowed.

1.12 Fire Prevention: Primarily for purposes of fire prevention and control, the Contractor shall comply with the following provisions:

(a) The Contractor shall comply with all the applicable Idaho State Fire Prevention Laws, Rules, Regulations, and Standards.

(b) Prior to starting operations during a closed fire season or periods of high fire danger, the Contractor shall prepare a fire prevention and fire control plan to the satisfaction of the COR.

(c) Provide and maintain in good repair on the contract area the following equipment for use during a closed fire season or periods of high fire danger:

i. Firefighting tools shall be kept at vehicle staging areas or at such other place(s) as the COR shall designate whenever employees of the Contractor are working on the contract area. All firefighting tools shall be identified, organized, and easily accessible to all Contractor employees. The fire tools shall be in good condition, be tight on strong handles, and have sharp cutting edges. There shall be at least one (1) tool for each Contractor employee working on the contract area. Three-fourths (3/4) of all fire tools shall be shovels, hoes, or other scraping tools. The fire tools shall be used only for fighting fire.

ii. A shovel in good condition with not less than a three (3) foot handle and a blade not less than seven and three-quarters (7 3/4) inches wide shall be within fifty (50) feet of any power saw when in operation.

iii. Two (2) back-pack pumps at each vehicle staging area to be kept full of water and in good operating condition.

iv. A serviceable chemical fire extinguisher of at least eight (8) ounces minimum capacity shall be carried during a closed fire season or period of high fire danger by each saw operator using

TITLE: Cedar Butte Juniper Thinning Page 9 a power saw on the contract area. Such fire extinguisher shall be filled and in operating condition and shall at all times be immediately available to the operator when the saw is being fueled or the motor of the saw is running. Any fueling of a power saw shall be done in an area which has first been cleared of all flammable material. Power saws shall be moved at least twenty (20) feet from the place of fueling before the engine is started. A shovel shall be available with each gas can when refueling. Each power saw shall be equipped with an exhaust system and a spark arresting device.

(d) The CO may require additional fire tools and fire equipment as the fire danger may warrant.

1.13 Designation of Contracting Officer’s Representative: The CO shall designate the COR and project inspectors. The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documentation executed by the CO prior to completion of the contract.

1.14 Site Tour: A site tour is not planned for this contract. Interested parties should take reasonable steps to ascertain the nature and location of the contract area and the work to be completed, as well as the general and local site conditions which can affect the work and cost of performance. Failure to take the actions described in this paragraph will not relieve the Contractor from the responsibility of properly estimating the difficulty and cost to successfully perform the work, or from successful completion of the work without additional expense to the Government. For further information, please contact Ben Dyer (208)- 524-7534.

1.15 Prework Conference: Prior to the commencement of work, a pre-work conference will be arranged with the Contractor to discuss the contract terms and work performance requirements.

2.0 INSPECTION AND ACCEPTANCE SECTION:

2.1 Inspection:

(a) The Government COR and/or PI will make periodic inspections as a basis for acceptance and payment and recommendations for adjustments in work quality while work is in progress. The Contractor is encouraged to participate in inspections while they are being conducted.

(b) As the basis for payment, inspections for compliance with specifications will be made for work units reported as completed by the contractor. All plots will be averaged together to determine payment.

(c) A combination of Ocular or Physical Inspections will be made on a series of plots located at different intervals across each work unit. A sufficient number of plots will be taken to obtain at least one percent sample of the work unit.

(d) The following information will be recorded for each plot inspected if more than 5 percent of the treated area has these items found in them. The treated areas will get a failing grade if:

1. Stumps taller than ground level are present.

2. Live limbs are left on the stump.

3. Slash is not reduced to within 20 inches off the ground.

4. Number of unfelled trees that meet the species specifications (surplus).

5. Number of felled trees that do not meet the species specifications (surplus).

TITLE: Cedar Butte Juniper Thinning Page 10

6. Number of felled trees that do not meet the stump specifications regarding live limbs or height (surplus).

7. Number of felled trees whose cut material was not dispersed or piled or cut to specifications (surplus).

2.2 Determination of Work Quality Percentage:

Work quality percentages are derived from data developed from inspection plots. The final work quality percentage times the bid price determines the pay. A work quality percentage of 95 percent or higher will result in full payment. If high stumps or uncut surplus trees are the primary reason for unsatisfactory work, the Contractor shall rework areas designated by the Government until satisfactory work quality is obtained.

Example: Number of trees felled within plot = 40 Number of ‘surplus’ trees= 8 trees 8 divided by 40 X 100 = 20% 100% minus 20% = 80% 80% X bid price for job = Pay Rate

2.3 Acceptance:

(a) Satisfactory Work Quality: A minimum work quality standard of 95 percent is required.

(b) Unsatisfactory Work Quality: Based on inspection results, if the work quality percentage falls below 95 percent, the Contracting Officer will immediately notify the Contractor in writing and instruct the Contractor to improve the quality of the work. If the quality of the work is not raised to an acceptable level within two consecutive workdays after written notification, the Contracting Officer may issue a stop work order.

(c) Final payment shall not be granted until project is complete to the satisfactory quality standard.

3.0 GOVERNMENT-FURNISHED PROPERTY

3.1 The Government will provide the following items to the Contractor: Provide various USGS 7.5-minute quadrangles (1:24,000 scales) or GIS equivalent with clear cut unit boundaries clearly identified.

3.2 All chemical, and application supplies/equipment needed to apply chemical the severed stumps.

3.3 A BLM Representative (COR and/or PI) will be available for technical guidance and when inspection is requested by the contractor. Regular communications between the BLM representatives and the contractor will alleviate any problems or delays.

4.0 PERFORMANCE PERIOD

THE ESTIMATED DATES FOR THIS PROJECT ARE:

Estimated Start Date: September 1, 2022 Performance Time: 45 Calendar Days

See Section J for additional attachments to include project specifications and drawings.

TITLE: Cedar Butte Juniper Thinning Page 11

SECTION 2 - CONTRACT CLAUSES

1. 52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Nov 2021) 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(Sept 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Alt I) (Jul 1995) 52.223-6 Drug-Free Workplace (May 2001) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 Differing Site Conditions (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989)

2. 52.212-5 Contract Terms and Conditions Required to Implement Statutes Or Executive Orders--Commercial Products and Commercial Services (Jan 2022)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402). (Over 250K) __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 https://www.acquisition.gov/browse/index/far

TITLE: Cedar Butte Juniper Thinning Page 12

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

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

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

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

__ (10) [Reserved].

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

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

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

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

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

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

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O.13126). (Supplies) XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (Over 250K) __ (ii) Alternate I (JUL 2014) of 52.222-35.

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

__ (ii) Alternate I (JUL 2014) of 52.222-36.

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__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (Over 250K) __ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

XX (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (NOV 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) (Over 250K) __ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

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

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

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

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

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

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

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

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

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021)

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(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

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

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

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

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

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

[Contracting Officer check as appropriate.] XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67). (Services Only) XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (Services Only) __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

XX (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

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

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

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

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

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

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

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

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

(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

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

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

3. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People’s Republic of China. Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

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(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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.

The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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

TITLE: Cedar Butte Juniper Thinning Page 17 telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding…