Solicitation 127EAS21Q0041 Squirrel GS Precommercial Thin and Release.docx

Squirrel GS Precommercial Thin & Release Plumas National Forest Mt. Hough Ranger District

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

Sarah Hill, Contracting Officer

b. CONTACT INFORMATION

(530) 478-6101 sarah.hill@usda.gov

8. OFFER DUE DATE / TIME

May 13, 2021 15:00 Pacific Time

9. ISSUED BY CODE 7EAS

10. THIS ACQUISITION IS |_|UNRESTRICTED OR |X| SET ASIDE: _100_ % FOR:

|X| SMALL BUSINESS |_| WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

|_| HUBZONE SMALL SMALL BUSINESS PROGRAM

BUSINESS

|_| SERVICE DISABLED |_| EDWOSB NAICS: 115310

VETERAN- OWNED

SMALL BUSINESS |_| 8(A) SIZE STANDARD: $8 million

USDA Forest Service Procurement & Property Services Southwest Zone, Contracting Service Area #2 631 Coyote Street Nevada City, CA 95959

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

14. METHOD OF SOLICITATION

|X| RFQ |_| IFB |_| RFP

15. DELIVER TO CODE

See specifications.

16. ADMINISTERED BY CODE

See block 9.

17a. CONTRACTOR / OFFEROR FACILITY

18a. PAYMENT WILL BE MADE BY CODE

|X| SEE ADDENDUM

Squirrel GS Precommercial Thin & Release Plumas National Forest

See separate schedule sheet.

Please provide the following information:

DUNS#____________________________

Email:_____________________________

PHONE No.:_____________________________

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

25. ACCOUNTING AND APPROPRIATION DATA

See IAS requisition.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

SCHEDULE OF ITEMS

SECTION B - REVISED

SUPPLIES OR SERVICES & PRICE/COST

Items

FIRE IMPACTED 9/2020 (6 GS)

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

PRICE SUBMITTED BY

Vendor

POC:

SIGNATURE:

ADDRESS:

Phone:

Email:

DUNS No.:

SECTION C. DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK

C.1 Scope of Work Description of Work: The intent of this contract is to secure services for manual pre-commercial thinning, and release of naturally regenerated conifer seedlings, within group selection units (GS) of the Squirrel MP Thin Timber Sale area.

C.2 Project Location & Description Location: The project is located on the Plumas National Forest, Mt. Hough Ranger District, and within the Squirrel MP Thin Timber Sale area, approximately 4 miles east of East Quincy, CA. The legal location of this project is T. 24 N., R. 10 E., Sections 1, 10-15, 23 and 24.

Description: Individual group selection boundaries can be identified by white paint (three horizontal stripes) visible from within the group selection area.

Exclusions (Non-Work Areas): Within group selection boundaries there are no excluded areas. Landings adjacent to some group selections are not included in unit acreage and will not have painted boundaries. These landings are not to be treated.

Accessibility: Work areas are accessible by 2-wheel drive in dry conditions but may require 4-wheel drive during wet weather/spring conditions. Some group selections will require a short walk-in to access. These units will be identified and approximate walk-in distances noted. It is the responsibility of the contractor to navigate to the group selection units to be worked using Avenza or similar mapping program. Georeferenced pdf maps will be provided.

Table 1. Approximate Walk-in Distances to Individual Group Selections

1) GS located adjacent to road access: 659, 662, 696, 697, 700, 704, 706, 707, 718, 766, 767, 768, 832, 838, 841, 901, 902 (17 GS Totaling 21.6 acres)

2) GS walk-in less than ¼ mile from road access: 652, 657, 658, 661, 664, 674, 690, 698, 699, 701, 702, 703, 705, 708, 709, 714, 715, 716, 717, 833, 835, 836, 837, 842, 843, 848, 849, 903 (28 GS Totaling 37.1 acres)

3) GS walk-in >¼ mile to <½ mile: 656, 660, 804, 805, 806, 807, 808, 809, 844, 845, 846, 847 (12 GS Totaling 21.0 acres)

4) GS (impacted by fire 9/2020) walk-in within 1/8 mile: 654, 669, 676, 678, 680, 681 (6 GS Totaling 9.6 acres)

C.3 Maps Any Maps included in Section J are general in nature and are not to be considered as definitively identifying locations.

C.4 Estimated Start Date & Contract Time Start: June 1, 2021 Time: 38 days C.5 Restrictions on Work Work may be performed at any time during the period of the contract, except for restrictions outlined here:

1. In accordance with the fire plan included in Section J.

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

C.6 Licenses and Insurance Worker’s Compensation Insurance: The Contractor shall provide evidence of Worker’s Compensation Insurance or a valid reason that exempts the Contractor from the requirement. NOTE: The Contractor working alone is not required to carry the insurance.

MSPA Card (Form WH510): This contract requires the contractor to be registered with the US Department of Labor as a Farm Labor Contractor. The Contractor shall provide a current Form WH510 or legible copy.

If the contractor fails to provide documentation within 10 calendar days after contract time begins, the contract may be terminated for cause in accordance with FAR 52.212-4.

C.7 Technical Requirements C.7-1 Definitions Conifer - A live tree with needle shaped or scaled leaves Co-dominant Tree - A tree with the crown forming the general level of the crown cover (similar in height with other surrounding crop trees) and receiving full light from above, but comparatively little from the sides Crop Tree - A live tree selected for retention due to superior form, health, vigor, desired species, and spacing guidelines. Only crop trees are to be released under this contract.

Damaged Tree - Any injury or damage caused by the contractor’s performance of work exposing the cambium (i.e. the bole, cut limbs in the upper 50% of the tree, cut tops) and/or any conifer buried or partially buried by soil, rock, humus, litter, or slash. Potential leave trees which are uprooted are also considered damaged trees.

DBH - Diameter at Breast Height (4 ½ feet above the ground, measured on the uphill side) Dominant Tree - A tree with the crown that is above the level of other trees within the stand, which receives full light from above and partial light from the sides Grubbing - The cutting of specified vegetation and its roots below the root crown and within a specified distance from planted conifers Grub Circle - A circle with a specified radius that is centered on planted conifers. All vegetation shall be grubbed from this circle except the selected leave tree. Also may be referred to as “clearing limit”.

Hardwood - A tree with broad leaves rather than needles (e. g., oak, aspen, dogwood, ash, maple) Herbaceous Vegetation - Any plant that does not develop persistent woody tissue above ground, i.e. grasses, forbs, ferns, mountain rose, and snowberry Natural - A living conifer seedling that germinated from seed within the treatment area (versus a seedling grown in the nursery and artificially planted within the work unit) Non-target Species – Vegetation which is not to be damaged during project implementation. Non-target species include all hardwoods, riparian species, and certain plants beneficial to wildlife, such as elderberry.

Riparian Vegetation - Plant life which relies on high water content within soil for existence. Riparian vegetation is typically located near streams or other water bodies, and indicates the presence of wet soils. Examples include sedges, rushes, cattails, alders, Cottonwood, any willow other than Scouler Willow.

Root Crown - The transition zone between stem and root usually located at or below the ground surface (also referred to as “root collar”) Slash - The residue left on the ground after logging or accumulating as a result of natural or other human activities Stump Sprout - Growth originating from a hardwood or brush stump Remnant/Skeletal Vegetation - Woody vegetation killed from previous natural activities, which consists of dead stems that have sprouted new vegetation from the plant’s stump or original root system Suppressed Tree - A tree whose crown is (or has been) completely overtopped by the crowns of one or more neighboring trees; any tree with less than 30% of its total height in live green crown or with less than 3 inches of current leader growth Woody Vegetation - Vegetation that has stems and branches that are composed mostly of a hard, fibrous substance. Blackberry and raspberry vines are considered as woody vegetation for the purposes of this contract.

C.7-2 Specifications

PRE-COMMERCIAL THINNING

The Contractor shall select crop trees for retention within the desired residual spacing guidelines and shall eliminate excess trees existing between the selected crop trees. Selection of crop trees shall be based on best form and vigor, desired species, size, and spacing distribution. Excess trees shall be severed and scattered outside of crop tree clearing limits. Stocking density within units can vary greatly and open spaces may be encountered. All efforts shall be made to protect crop trees and other leave trees. Damaged trees will be considered unsatisfactorily released.

Selection of Crop Trees Crop trees shall generally be the healthiest and more vigorous trees in the stand, i.e., those of tallest height, largest crown, and straightest boles that are free of damage due to insects, disease, physical and mechanical causes. The Contractor shall select crop trees using the following priorities:

1. Species preferred to retain as crop trees are Sugar Pine and Ponderosa Pine/Jeffrey Pine. All other conifer species less than 10 inches DBH shall be cut (Douglas-fir, Incense Cedar, White Fir).

2. Leave all Sugar Pine regardless of size or proximity to other trees. Only consider Sugar Pine as crop trees if stems are one inch or greater at DBH and the tree is not damaged nor suppressed.

3. Select crop trees from healthy undamaged conifers under specified maximum 10 inch DBH cut limit as necessary to achieve average spacing of 20 to 25 feet (approximately 70 trees to 110 trees per acre). Spacing may be varied up to 25 percent (5 to 6.25 feet) to select the best quality tree. However, spacing control, using the original guides, shall be maintained whenever possible. The number of crop trees per acre shall not be materially increased or decreased.

4. Slash and vegetative debris created by cutting of excess trees shall be lopped and scattered outside of the clearing limit of the crop trees, and shall not lie more than 18 inches above ground.

Leave Trees

1. Leave all conifers and hardwoods which exceed 10 inches in DBH.

2. Leave all hardwoods of any size.

3. Neither trees greater than 10 inches DBH nor any hardwoods are to be considered as crop trees.

Selection of Cut Trees After cutting, stump heights shall be no more than six inches high as measured on the uphill side or six inches above adjacent natural obstacles (e.g. logs, rocks).

1. Cut all White Fir, Douglas-fir, and Incense Cedar less than 10 inches DBH.

2. Cut all trees less than 10 inches DBH that are diseased, crooked, forked, damaged, or suppressed.

The Contractor shall select cut trees using the following priorities:

A. Diseased Trees - Trees infected with mistletoe in the upper half of the live crown and Sugar Pine infected with blister rust B. Crooked Trees - Sharp crooks in the main bole which are offset more than 3 inches from the longitudinal axis C. Forked Trees - One or more forks in the live crown, or dead or broken-out tops of the bole D. Damaged Trees - Any tree greater than 4 feet tall with one or more of the following injuries:

1. Any species that has more than 25% of the circumference of the bark cut to the cambium or removed, or more than 3 openings of any size to cambium occurring during pruning treatment

2. Any tree that has a broken top

3. Any tree that has greater than 25% of the live limbs or branches broken or removed by this thinning operation

MANUAL RELEASE OF CROP TREES

The contractor shall grub five foot radius circles (10 foot diameter), measured horizontally, centered on the crop trees selected during pre-commercial thinning treatment under this contract. All hardwoods and any trees greater than 10 inches DBH need not be released. All woody vegetation and herbaceous vegetation within the grub circles shall be treated as specified below.

Crop trees shall not be damaged in the process of cutting undesirable vegetation. Damage includes any injury to the living crown, candle, bole, or roots of the crop tree. Soil shall not be scraped or pulled away from the crop tree during cutting of vegetation. If pull-able vegetation cannot be cut due to slash or rocks, or is growing within 6 inches of the crop tree, the vegetation shall be hand pulled.

Vegetation to Be Treated

1. Herbaceous vegetation and grass shall be severed below the root crown. For plants that have rhizomes, only the above-ground portions shall be removed to a depth of three inches. All grass will be removed whether it is alive or dead, and shall be severed below the root crown. This includes but is not limited to perennial grasses that are dormant and that have the appearance of being nonliving.

2. All woody vegetation, including stump sprouts and remnant/skeletal vegetation less than two inches in diameter at the root crown shall be severed below the root crown. Woody vegetation that is severed at a point where the root crown is not removed will fail inspection.

3. Woody stump sprouts and remnant/skeletal vegetation that exceeds two inches diameter at the root crown and has re-sprouted shall be severed from the root crown at the point of attachment, but the root crown does not have to be grubbed.

4. All vegetation originating from a point outside the grub circle but extending into the grub circle shall be lopped at the point of attachment to the main plant or at the grub circle radius.

5. Cut or grubbed vegetative material may be left in the grub circles to the extent that it does not damage, harm or potentially affect the growth of the seedlings. Roots of competing vegetation shall be completely severed from the ground. Grass clumps shall be turned over to expose roots to the air when cut and left inside the grubbed area. The amount of severed material left within the grub circle shall not exceed 12 inches depth.

Non-Target Species Any hardwood or riparian species encountered within the treatment unit shall be protected from removal or damage. Oaks and other hardwoods shall not be removed from grub circles. Selection of a different crop tree is preferred if the non-target species exists within the clearing limit of the first crop tree chosen.

Elderberry is a primary non-target species and at least 3 individual plants (4-5 ft. height) are known to exist in GS 847 (see attachment in Section J).

C.7-3 Contractor-Furnished Equipment The Contractor shall furnish all labor, equipment, supervision, transportation, inspection, supplies (except those designated as Government Furnished) and incidentals to perform all work necessary on the areas specified.

C.7-4 Government-Furnished Equipment None

SECTION E. INSPECTIONS AND ACCEPTANCE

E.1 Government Inspections Government inspections are for the purpose of satisfying the Government that the services are acceptable and do not relieve the Contractor of the responsibility for maintaining quality control.

The Contracting Officer's Representative or designated inspector will conduct all inspections. The Contractor (or designated representative) is encouraged to be present to observe inspections. Summary results will be made available on request.

Compliance Inspections. Visual compliance inspections will be made on a periodic basis. Such inspections are not final and do not constitute acceptance by the Government.

Final Inspections. Final (formal) inspections for payment will be made on completed sub-items only. Contractor shall request final inspections in writing and give the Forest Service at least two working days advanced notice. Inspections will be completed within four working days after the notice is received. If the work is not ready for inspection at the time specified by the Contractor, the cost associated with the inspection attempt may be charged to the Contractor.

Disputed Inspection. The Contractor may request re-inspection without rework if the results are unacceptable. Re-inspection must be requested in writing within 48 hours after receiving written notice of the inspection results. Re-inspection will be accomplished within five working days after receipt of the contractor's written request.

The same sampling and inspection procedures will be used, but new samples will be taken. The inspection pattern will be shifted so that new samples will not overlap previously inspected samples. Results will be rounded to the nearest whole percent.

If re-inspection results are within five percentage points of the first inspection, the original inspection result will be used in determining acceptability and payment. If re-inspection results are greater than five percentage points above or below the first inspection, the re-inspection results will be used.

If the re-inspection results are within five percentage points of the first inspection, the Contractor shall pay the actual costs of the re-inspection.

Re-inspection after Rework. Where rework after a failed inspection may improve the inspection results, the Contractor may rework the area and request (in writing) a second inspection. The Government will charge to the Contractor the cost of this additional inspection. Re-inspection will be accomplished within five working days after the notice is received. The results of the second inspection will be final, and no further rework will be permitted. Areas not ready for re-inspection at the time specified by the Contractor will not be re-inspected, and the results of the first inspection will be final.

E.2 Specific Inspection Procedures E.2-1 Sampling The Government will inspect to the extent necessary to determine whether the contractor’s quality control is adequate and accurate. The Government will use 1/20 acre fixed radius (26.3 feet) plots that cover at least 1% of the project area.

E.2-2 Method The Contracting Officer or their Representative will make visual inspections while work is in progress for compliance with terms of the contract. Formal inspection plots will assess compliance with requirements specified in C.7-2:

Crop Trees:

Spacing off of crop trees:

• Space off of crop trees only

· Average of 20-25’.

· Spacing may vary up to 25% (5-6.25’).

• Crop trees may be closer to non-crop trees such as hardwoods or trees 10.0” DBH and greater

Leave Trees:

· No non-target species are removed or damaged

E.2-3 Determination of Acceptability Work on this contract will be deemed acceptable when the Government’s visual inspections show acceptable performance and sample plot data indicate a work quality of 90% or higher.

F. DELIVERIES OR PERFORMANCE

F.1 Work Timing The Contractor shall begin work within 5 calendar days after the effective date of the Notice to Proceed and shall prosecute the work at a rate that will result in completion of all work within the following time frame:

Failure to begin work on schedule will make the contract subject to immediate termination for cause.

Delays due to normal adverse weather, weekends, and holidays have been included in the calculation of contract time. The Government reserves the right to set the priority of items or sub-items.

Award of more than one item to one contractor will not change the start work dates or the amount of contract time; times will run concurrently.

F.2 Winter Shutdown When winter weather sets in and the continuation of work is impractical, the Contracting Officer may authorize a total suspension until such time as work can proceed. During the period of total suspension, the calendar days elapsed will not be charged against the contract time.

SECTION G. CONTRACT ADMINISTRATION DATA

G.1 Pre-work Pre-work conference. Before work begins on service contracts, a pre-work conference is normally held to discuss the contract – especially the specifications, labor provisions, plan of work, and selected standard clauses. The pre-work meeting should be attended by an officer of the firm or someone designated in writing to act on behalf of the firm. The pre-work meeting may be waived at the discretion of the Contracting Officer.

Notice to Proceed.

No work may begin on this contract until the Contracting Officer has issued a Notice to Proceed.

G.2 Measurement Methods of Measurement.

[ ] Acreage was measured by dot grid method from aerial photographs.

[ ] Acreage was measured on a horizontal plane using compass and chain.

[x] Acreage was measured on a horizontal plane using a Global Positioning System.

[ ] Linear measurements have been taken with a wheel on the centerline of the trail or road.

[ ] Estimated acreage: Actual acreage worked will be measured by the method(s) indicated above.

Re-measurement. Unless otherwise indicated by this contract, the contractor may request re-measurement of any quantities in Part B, when the units are acres or any linear measurement. The request must be made in writing and must be made within 10 calendar days of completing work on the unit in question. If re-measurement indicates a variance of five percent or less from the stated quantity, the Contractor shall pay for the actual cost of re-measurement and no adjustment will be made in the quantity as stated in Part B. If re-measurement indicates a variance more than five percent from the stated quantity, payment will be based on the re-measured quantity, and the Contractor will not be liable for the costs of re-measurement. All re-measurements will be done by the Government. Re-measurement of acreage will be done with two people using a hand compass and ground measurement or by means of a Global Positioning System. This clause is not applicable to quantities listed as estimated quantities.

G.3 Payment Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In accordance with the inspection clause, payment may be made for less than fully acceptable work at a reduced price. Other exceptions are noted below:

Payment will be made in full if inspection results are 90 percent or higher. No payment will be made if inspection results are less than 90 percent.

Contract Release. Before final payment will be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

A Contract Release FS-6300-0016 must be uploaded with request/invoice for final payment in IPP, before final payment will be approved/completed.

A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

G.3-1 Invoice Processing Platform (IPP) All payment requests must be submitted electronically through the US Department of the Treasury’s Invoice Processing Platform System (IPP). “Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in clause 52.212-4 Contract Terms and Conditions – Commercial Items. The IPP website address is: https://www.ipp.gov.

Each invoice shall be submitted on the Contractor’s letterhead or invoice form with the following:

1. Invoice date and Government Contract Number.

1. Billing period specified with beginning and ending dates. The beginning date must not be later than the completion date or within any previous billing dates.

1. An accounting (bulleted list, for example) of charges claimed and amounts due.

1. Total amount due for the billing period.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) or Bureau of the Fiscal Service within 3 – 5 business days of award or the system implementation date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1 Emergencies Fire Plan. See attached Fire Plan.

Area of Responsibility for Fire. Unless otherwise noted elsewhere in the contract, the following define the limits of a contractor's area of responsibility for fire under the terms of the Fire Plan:

[ ] (a) Trail Maintenance - 50 meters on either side of the centerline [x] (b) Silviculture Projects - 70 meters around the perimeter of the unit being worked [ ] (c) Special for this project:

H.2 Quality Control Plan It is the responsibility of the Contractor to maintain an adequate quality control plan to monitor compliance with the requirements of this contract.

H.3 Superintendence by Contractor The name and the specific authorities of the foreman or superintendent must be designated in writing to the Contracting Officer. The Contractor may use their own prepared letterhead stationery or a "Designation of Contractor's Representative" form available from the Contracting Officer. If the Contractor or the designee is not present when work is being performed on the contract, a Suspend Work Order may be issued with contract time continuing to run. The Contractor shall have a person on-site that is fully conversant in the English language.

H.4 Archaeological and Historic Sites Location of known archaeological, historic, or prehistoric materials – such as Native American sites or artifacts and/or historic mining, logging, or fur trapping remains protected by the American Antiquities Act (16 USC 433)--will be identified for the contractor before work commences.

H.5 Spill Plan If the total oil or oil products storage exceeds 1,320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention and Countermeasures (SPCC) Plan. Such plan shall meet applicable EPA requirements (40 CFR 112), including certification by a registered professional engineer. The Contractor, under the direction of the Contracting Officer, or in the absence of said officer, acting independently, shall immediately take action to contain and clean up, without expense to the Government, all petroleum products spills on or in the vicinity of the project which are caused by the Contractor's employees directly or indirectly as a result of contract operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the Government for the containment and cleanup of petroleum products spills caused by Contractor's employees or resulting from contract operations. The Contractor shall immediately report all petroleum products spills to the Contracting Officer.

H.6 Equipment Cleaning All off-road equipment used on this project shall be washed before moving into the project area so that the equipment is free of soil, seeds, vegetative material, or other debris that could contain or hold seeds of noxious weeds. “Off-road equipment” includes all logging and construction equipment and such brushing equipment as brush hogs, masticators, and chippers; it does not include log trucks, chip vans, service vehicles, water trucks, pickup trucks, and similar vehicles not intended for off-road use.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material, or other such debris. Disassembly of equipment components or specialized inspection equipment is not required. Contractor shall notify the Contracting Officer at least five days in advance of moving equipment in so that arrangements can be made for inspection.

If the project area is known to contain noxious weeds, the equipment shall be cleaned before moving to other Forest Service system lands which do not contain noxious weeds.

H.7 Final cleanup Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

H.8 Public officials not personally liable There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them by, or within the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

H.9 Designation of Contracting Officer’s Representative The Contracting Officer designates the Contracting Officer's Representative (COR). 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 documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

H.10 Approval of Subcontracting The Contractor shall request approval from the Contracting Officer prior to entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:

1. The name, address and telephone number of the subcontractor;

2. The date upon which the subcontract was entered into and its duration;

3. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate;

4. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

H.11 Certification of Compliance Contractor shall certify compliance with specific fire precautionary measures included in the attached Fire Protection and Suppression Forms. The certification shall be made prior to commencement of work and shall be updated if at any time during performance the conditions change. The Government may conduct verification inspections to ensure Contractor's compliance.

H.12 Camping Camping is not permitted in US Forest Service campgrounds. Contractor [ ] will [x] will not be permitted to camp elsewhere on US Forest Service land. Camping on Forest Service land is not a right; permission may be revoked for failure to comply with the terms of the permit. Any non-compliance will result in suspension of work until compliance is achieved.

SECTION I. CONTRACT TERMS AND CONDITIONS

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of the clauses may be accessed electronically at these addresses:

FAR: www.acquisition.gov/far AGAR: https://www.acquisition.gov/agar

FEDERAL ACQUISITION REGULATIONS (FAR)

AGRICULTURE ACQUISITION REGULATIONS (AGAR)

452.236-77 Emergency Response (NOV 1996)

52.217-8 - Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of the contract Period of Performance end date.

(End of Clause)

52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) Incorporated by Reference 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (JAN 2021)

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

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

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020)(Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

_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).

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

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

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

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

_XX_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

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

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

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

_XX_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).

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

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

_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).

_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).

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

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

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

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

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

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

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

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(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) (xiii)

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

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

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

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

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015)(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 (FEB 2006) (46 U.S.C. Appx.1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

SECTION J. LIST OF ATTACHMENTS

The following attachments are made a part of this solicitation and any resultant contract.

SECTION K. REPRESENTATIONS, CERTIFICATIONS, OTHER STATEMENTS OF OFFERORS

52.212-3 Offeror Representations and Certifications -- Commercial Items (Feb 2021) Incorporated by Reference 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.

52.204-7 System for Award Management (Oct 2018)

(a) Definitions. As used in this provision— “Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11)for the same entity.

“Registered in the System for Award Management (SAM)” means that–

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) (1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.t

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov for information on registration.

(End of provision)

SECTION L. INSTRUCTIONS, CONDITIONS, NOTICES TO OFFERORS

An Offeror is required to be registered in SAM when…