Solicitation 12970222Q0036.docx

Solicitation No. 12970222Q0036 Chapman Hazard Tree Removal Tahoe National Forest

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

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

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

This procurement is set aside for Total Small Business. The NAICS code and Small Business Size Standard is 113310 Logging (500 employees).

SECTION B:

SCHEDULE OF ITEMS

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

3. Quantities are estimated. Total submitted price will prevail for removal of all marked trees.

PRICE SUBMITTED BY:

SIGNATURE:

DATE:

COMPANY NAME:

CONTACT NAME:

ADDRESS:

EMAIL:

SAM UEI NUMBER:

PHONE:

Contents

SECTION C. DESCRIPTION/ SPECIFICATIONS/ STATEMENT OF WORK

C.1 Scope of Work The purpose of this project is to hand-fell, transport, and treat the stumps of designated hazard trees and downed trees within the Chapman Creek Campground. All trees requiring removal have been marked in blue or green paint. The trees targeted for removal cover a wide variety of species, size, and complexity. Sizes range from small/medium trees up to very large mature trees. Treatment requirements include: hand-felling, end-lining, skidding, and removal of included timber and slash. Also required, is the piling and decking in designated disposal sites of all material, applying a borate compound to stumps, and restoring recreation sites. All work is to be completed in order by item number to avoid access issues in the fall/winter season.

Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states will be furnished by the Government.

C.2 Project Location & Description Chapman Creek Campground is located on Forest Service Road (FSR) 0049-058, 10.7 miles northeast of Sierra City, CA. Legal location Township 21 N., Range 13 E. Section 32.

Accessibility: Work site access instruction as given here is for information only. It shall be the responsibility of the Contractor to determine the most suitable route to the project area. The Government will not provide special maintenance or snow plowing to open roads or keep roads open. The Contractor shall be responsible for obtaining all permits necessary for the transportation of equipment on Federal, state, county, and private roads.

Exclusions (Non-Work Areas):

1. Areas adjacent to stream channels and other wet areas, also referred to Riparian Buffers. (See site maps for approximate locations and buffer distances.)

1. Heritage resource controlled sites within the project area, flagged with blue and black stripe flagging.

1. Water lines as identified on the site maps, and on the ground by blue paint and flags. If impossible to exclude from work, protections must be put in place by the contractor to prevent damage to lines.

1. Meadows, springs, seeps and wet areas.

1. Survey monuments and bearings.

1. Noxious weed occurrences will be marked with orange flagging with the words “Noxious Weed” in black prior to commencement of work. These areas will not be treated, and no one should go into these excluded areas.

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

C.4 Estimated Start Date & Contract Time Estimated Start Date: September 26, 2022 Number of Calendar Days Required: 30 days The estimated number of days includes a buffer for PAL levels this time of year. There is a very strong desire for completion as soon as possible.

C.5 Restrictions on Work Work may be performed at any time during the period of the contract, except as outlined here. Restrictions are as follows:

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

2. Only rubber tire or rubber track equipment may operate on paved/chip sealed roads, unless protection measures approved by the Contracting Officer are in place.

3. Work may be shut down when the Contracting Officer determines that weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

4. Chainsaw Operations are limited to between dawn and dusk, unless otherwise agreed to by the Contracting Officer.

5. No work on Sundays or Federal Holidays unless agreed upon with Contracting Officer.

C.6 Licenses and Insurance The Contractor shall provide evidence of Worker’s Compensation Insurance or a valid reason that exempts the Contractor from the requirement.

See AGAR 452.228-71 Insurance in Section I for liability and property insurance requirements.

If the contractor fails to provide the 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 Bole. The trunk or stem of a cut tree or snag.

Bucking. Cutting the boles and/or limbs to required lengths for a specific purpose, such as for merchantability standards, or slash pile size requirements.

Controlled Area. Areas delineated by flagging for the purpose of protecting sensitive plants or heritage resources and other improvements to protect. The areas are marked on the ground; however, they are not located on the solicitation map. A map that displays these marked areas will be available to the awarded contractor.

Cut. To completely sever the bole of the tree from the stump by chainsaw or mechanical saw/shears Cut Tree. All trees and snags which are to be cut under this contract. Any tree that is designated by the Forest Service for felling, either by being marked with tracer paint color designated on Unit Information or designated by prescription standards.

Deck. A stack of logs or the action of stacking logs at the landing.

Decking. Gathering and stacking of boles at designated landings.

DBH. Diameter at breast height; the diameter of a tree measured at a point 4-1/2 feet above the ground on the uphill side of the tree.

Directional Felling. Felling cut-trees or snags in a predetermined direction to protect natural resources and land improvements, and/or to facilitate planned skidding.

Equipment. All machinery, operating supplies, and tools necessary for the proper performance and acceptable completion of the work.

Government. Title used to represent the United States Federal Government and its designated employees acting within their delegated contract authority. Throughout this contract the titles United States, USDA-Forest Service, Forest Service, and USFS may be used interchangeably as synonymous with Government.

Hand Thinning. Trees specified or allowed to be cut by hand (chainsaw) only, not by mechanized equipment.

Hazard Trees. Defective trees that are potential hazards to people and property in developed forest areas and along Forest Service roads. Indicators of defects are used to identify trees that may fail.

High-Priority Danger Tree Hazard. A road or road segments where danger trees are determined to be highly likely to fail and where those failures would be highly likely to cause injuries.

Landings. Areas used to stage and load wood or slash materials just prior to removal from the block. Existing openings along edges of haul roads which are large enough to hold decks, slash piles, and accommodate loading equipment to place removal materials onto haul vehicles.

Limb and Top Removal. The moving, during yarding/skidding of cut tree with tops, to a designated location at the landing.

Project Activity Level (PAL). U.S. Forest Service-Pacific Southwest Region (R5) fire pre-cautionary system governing industrial operations associated with timber, stewardship and service contracts. See Fire Plan Quality Control. Those actions taken by the Contractor to control the performance of services so that they meet the requirements of the contract.

Riparian Conservation Area (RCA). Buffer zones on either side of a stream course in which use of machinery in not acceptable.

Slash. All debris resulting from operations including stems, limbs, and tops of trees, and brush.

Snag. Any dead standing tree.

Stump Diameter. Diameter of stump in inches as measured above the ground on the high side of the stump.

C.7-2 Specifications All trees requiring removal have been marked in blue or green paint. Red paint is PG&E, not part of this contract.

All logs will be transported by the contractor to Disposal Sites identified in the map in Section J. All slash from operations including stems, limbs and tops of trees and brush will be transported and piled at identified Disposal Sites.

Cutting and Transporting of Hazard Trees and Associated Tasks to Disposal Sites The Contractor shall hand fell and transport from Project Area all standing live and existing downed logs designated by the Forest Service to identified Disposal Sites. Standing trees were individually numbered and marked with blue or green tracer paint.

1. If a standing tree has been identified, by COR or designated representative, to remain on site after felling or is unable to be transported until a later time, the bole of the tree must be grounded, limbed, and slash removed and left in a safe manner within 100 feet of the campsite boundary.

1. Directionally fell trees away from flagged cultural resources, botanical and watch list occurrences, developed facilities, improvements, water systems, designated roads and trails. Hazard trees inside the Riparian Conservation Area (RCA) will be felled away from stream courses.

1. It is understood that some amount of “collateral damage” to other trees may occur when felling the designated trees. It is expected that reasonable efforts are made to preserve surrounding trees where possible. When taking out or damaging another tree is unavoidable, the additional tree(s) shall be removed to the disposal sites along with the marked trees and slash and sorted into the appropriate merch or cull piles.

1. Only operate mechanical equipment when soil moisture conditions are such that compaction, gullying, and/or rutting will be minimal. Outside Normal Operating Season (NOS) or during wet periods within the NOS, utilize the Tahoe Wet Weather Operations Guidelines. See attachment.

1. Equipment cleaning. All equipment and vehicles operating off-road must be free of invasive plant material before moving into the project area. Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material or other such debris. Cleaning shall occur at a vehicle washing station or steam-cleaning facility before the equipment and vehicles enter the project area.

1. Do not cause ground disturbance, except along designated skid trail routes previously approved and flagged.

1. Haul all slash material offsite to identified Disposal Sites and pile slash on landing(s).

1. For the protection of aquatic species, at any water drafting site, the use of a FGM 5161, or other similar foot valve with openings less than 2mm will be required. Additionally, the foot valve shall be placed in the deepest section of the water source on a shovel or a plastic/canvas bucket, after the site has been inspected for red-legged frogs or their eggs.

Disposal Sites The contractor may be able to skid logs to the disposal sites from some locations in the campground if steps are taken to ensure the roads are protected from damage. Details of where and how you would propose to skid or otherwise transport logs while protecting roads should be included in your technical proposal/work plan.

Slash is expected to be piled separately from the log decks (also separate decks for cull and for merchantable logs). “Dirty decks” are permitted. Chipping of slash is an option but all chips must be at the disposal sites, not left in the campground.

The contractor may propose alternate disposal sites for approval by the contracting officer. The main concern is that the sites be discreet from the campground view and any skid trails or other entry points are rehabbed to prevent future use by the public. The main intended (mapped) disposal site will need to be bladed for access and use.

Sawlog and Non-Sawlog Products Specifications to Disposal Sites Minimum sawlog specifications

1. Live and dead trees shall be transported from project area to the Disposal Site. Minimum tree DBH is 10.0 inches with a minimum piece length of 10.0 feet. Minimum top diameter inside bark (d.i.b) of 6 inches on the short axis.

1. Saw timber trees will be bucked into commercial lengths when feasible. FSH 2409.11 (Forest Service Scaling Handbook).

Non-sawlog specifications Live and dead trees shall be transported from project area to identified Disposal Sites. Existing downed logs without a blue dot will remain in the campground.

1. Trees shall be limbed to a top diameter of 6 inches and lopped. Tops, limbs, and slash developed by Contractor’s operations shall be chipped, broadcast, and or removed to Disposal Site as shown on the Contract Area Map or as agreed upon.

1. Logs transported and decked at Disposal Sites shall be no more than 41 feet long. Deck height shall be no more than 20 feet tall.

Slash Treatment/Mechanical Removal/ Piling of Slash and Decking of Logs/ Disposal Site Operations

a. Limit off-road vehicle/equipment use.

b. Slash from operations will be removed from project area and not be deposited within controlled areas.

c. Use rubber tracked/wheeled equipment in project area.

d. Equipment cleaning. All equipment and vehicles operating off-road must be free of invasive plant material before moving into the project area.

Equipment will be considered clean when visual inspection does not reveal soil, seeds, plant material or other such debris. Cleaning shall occur at a vehicle washing station or steam-cleaning facility before the equipment and vehicles entering the project area.

Equipment and vehicles (excepting passenger vehicles) that leave the job site will need to be recertified as weed free before they are allowed to return to the job site.

Stump Treatments

a. Acceptable stump height is 12 inches or less, flat-topped, no sharp stubs.

b. Treat all live conifer stumps greater than three inches in diameter with a registered borate compound (FSH R5 Supplement 3409.11-2013-1 – attached in Section J).

c. Ensure for direct application to stumps within 25 feet of perennial or intermittent streams, meadows, and special aquatic features. Application of borax will also be ceased if there is sustained rainfall, to avoid misapplication and runoff.

Site Restoration and Protection

a. Effectively restore designated roads prior to equipment leaving the unit.

b. Effectively close all skid trails or temporary roads prior to equipment leaving the unit; disguising entrances and trails. Skid trails or temp roads will only be allowed with prior agreement on location from the Contracting Officer.

c. Protect all improvements (including historic structures and other buildings, signs, barriers, fire rings/grills, dumpster/garbage cans, site markers, picnic tables, bear boxes/ food lockers, gates/fences, fee stations, and rock/post barriers). If any barriers (including boulders) or other improvements are damaged or removed by project activities, they must be replaced in-kind and re-installed in the same location and manner. Coordinate replacement or repair with Contracting Officer or designated representative.

d. Use local leaf litter and woody debris to disguise any project-related ground disturbance within sight-lines of roads, trails, and administrative sites.

e. Completely remove all hazard tree woody material, including aerial hazards, from the project area including branches, slash, etc. in a manner that minimizes disturbance to soil and natural forest duff layers; rehab drag and equipment marks to natural existing conditions.

f. Minimize the amount of ground and vegetation disturbance.

g. All contractor created damage to Infrastructure (All buildings, Electrical Wiring and Outlets, Water Systems/Plumbing, Benches and Block Walls) shall be repaired by the Contractor.

C.7-3 Contractor-Furnished Equipment Equipment shall be furnished on a fully operational basis, of modern design, and in good operating condition, with a competent, fully qualified operator(s) to complete the tasks identified in this contract. The Contractor shall furnish all fuel, lubricants, and personnel necessary for the operation of the equipment. All repairs, service and replacements are the responsibility of the Contractor and shall be at the Contractor’s expense. If during the contract period, the equipment requires repairs before operations can continue, it shall be the responsibility of the Contractor to complete such repairs without compromising the schedule for completion of work.

Servicing and refueling equipment areas shall be located at a minimum of 300 feet from streams and other wet areas. In case of HAZMAT spill, the material shall be immediately contained, and the Forest Service shall be immediately notified.

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.

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. 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 Inspections will consist of verifying that all hazard trees identified with Forest Service tracer paint are felled and removed to designated disposal areas unless left to protect resources. Treatment/removal of slash will be inspected using random sampling.

E.2-1 Sampling Ten 100th acre plots per campground will be randomly installed on a grid basis starting from SW edge to NE edge. If concentrations of material generated by contractors’ operations are left, the plot is a fail, unless material left was agreed to, to protect resources. If material is removed the plot is a pass.

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.

COR or inspector will be looking for trees identified for removal by checking stump marks on cut stumps and performing sampling inspections for slash treatment.

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

The Contractor shall consider award of a contract as the Notice to Proceed unless otherwise directed by the Contracting Officer or COR. The Contractor shall prosecute the work at a rate that will result in completion of all work within the contract Period of Performance.

Failure to begin work or make progress at a rate that would reasonably be projected to meet the Period of Performance will make the contract subject to 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.

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.

G.2 Payment Payments and Deductions. Payment will be made for fully acceptable work at the prices bid in the schedule of items. In the event of extended non-work periods because of adverse weather, the Contracting Officer may authorize progress payments for partially completed sub-items on a case-by- case basis. 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 80 percent.

G.2-1 Invoice Processing Platform (IPP) All payment requests must be submitted electronically through the US Department of the Treasury’s Invoice Processing Platform (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 FAR 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’s Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) 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 their proposal or quotation.

SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1 Area of Responsibility for Fire The limit of a contractor's area of responsibility for fire under the terms of the Fire Plan (Section J):

Silviculture Projects - 70 meters around the perimeter of the unit being worked in H.2 Road Maintenance All specified roads shown on contract maps shall be left in the original condition existing prior to commencement of work on this contract. Excessive slash cannot be left in the roadways at end of day.

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 his/her 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 Spill Plan If the petroleum 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. 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.5 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.6 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. All sites, artifacts, or remains must be protected from disturbance and any unmarked sites reported immediately to the COR.

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 (COR) 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 must 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 may 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.

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 equipment necessary to perform all subcontracted 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 will be entered into and its duration;

3. A detailed description of the work being subcontracted with a listing of contract items or units;

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.

SECTION I. CONTRACT TERMS & 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:

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

FEDERAL ACQUISITION REGULATIONS (FAR)

AGRICULTURE ACQUISITION REGULATIONS (AGAR)

452.204-70 Modification for Contract Closeout (OCT 2021) Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

AGAR 452.228-71 Insurance – Work on a Government Installation Alternate I (NOV 1996) Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability.

(1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance in the amount of at $400,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(End of clause)

52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) Incorporated by Reference Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C 4712 and 10 U.S.C 2409 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (MAY 2022) (Deviation JUL 2020)

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

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

_X_ (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. 6101note).

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

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

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

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

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

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

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

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

_X_ (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 products and commercial services:

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

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

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

_X_ (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 products or commercial services. 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 (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)

(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 (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 (MAY 2022)(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. Appx. 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.

(End of clause)

SECTION J. ATTACHED DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

AGAR 452.211-73 Attachments to Statement of Work/Specifications (FEB 1988) The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract. (End of clause)

NOTE: IN COMPLIANCE WITH THE PAPER REDUCTION ACT, FAR CLAUSES 52.212-3, 52.212-1 AND 52.212-2 AND ADDENDUMS ATTACHED THERETO, WHICH APPLY ONLY TO THE SOLICITATION PHASE, ARE NOT DUPLICATED AFTER CONTRACT AWARD. HOWEVER, THEY ARE INCORPORATED BY REFERENCE INTO THE RESULTING CONTRACT.

SECTION K. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph…