Solicitation Body.pdf

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Attached to
Hand Thinning Project Federal contract opportunity
Solicitation number
1282B124Q0079
Issued by
Department of Agriculture Forest Service

About this file

This document is a solicitation for Non-Commercial Thinning Services to be performed on various portions of the Payette National Forest. The government may award up to 2 task orders under the R1/R4 Hand Thinning IDIQ contract, with bids accepted for 2 geographic areas. Offerors must submit pricing for all items, as the government may split the work between vendors. The total mandatory acreage is 3,875 acres, with an optional 2,584 acres. Offerors should indicate the maximum and minimum acreage they are willing to accept. The work must be completed by November 30, 2025, and will be allowed from July 1 to November 30 each year. Pricing, past performance, and contractor representations and certifications are required in the offer submission. The government will evaluate offers based on price and past performance.

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Other files for this federal contract opportunity

Other files attached to Hand Thinning Project, newest first.
File Type Posted
Attachment 4 - Huckleberry Map.pdf PDF
Attachment 1 - Schedule_of_Items.pdf PDF
Attachment 5 - Robinson Map.pdf PDF
Attachment 8 - Wage Determination.pdf PDF
Attachment 2 - Statement of Work v2.pdf PDF
Attachment 3 - Brush Rapid Map.pdf PDF
Attachment 7 - Payment Unit Breakdown.pdf PDF
Attachment 6 - RRS Map.pdf PDF

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Text version

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule

Project Description: Non-Commercial Thinning_____________________________________

Vendor Name: __________________________________Vendor UEI:___________________

See attached Statement of Work.

Schedule Notes:

a) Items labeled as optional are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

b) The Government anticipates up to two awards may be made from this solicitation, contractors must submit pricing for all items. There is a potential to split work between vendors to ensure that completion before the end of the period of performance.

Description of Requirement

The Payette National Forest is seeking quotes for Non-Commercial Thinning Services to be performed on various portions of the Payette National Forest.

Location

The services are to be performed on the Council, Weiser, and New Meadows Districts of the Payette National Forest.

0412 SIL SERV 2024 Non-Commercial Thinning Statement of Work

Project Acres:

- Brush/Rapid River Project Area – 1,469 acres o Thin - Scatter – 1,037 acres o Thin - Pile – 432 acres

- Huckleberry Project Area – 2,406 acres o Thin - Scatter – 2,049 acres o Thin - Pile – 357 acres

- Huckleberry Project Area – 1,050 acres (OPTIONAL) o Thin - Scatter – 905 acres o Thin - Pile – 144 acres

- Robinson Project Area – 425 acres (OPTIONAL) o Thin - Scatter – 425 acres

- Railroad Saddle Project Area – 1,109 acres (OPTIONAL) o Thin - Scatter – 961 acres o Thin - Pile – 148 acres

Total Mandatory: 3,875 acres Total Optional: 2,584 acres

Slash Prescription and spacing described below.

Scope of Contract

The Forest Service proposes to contract technical forestry services for

- Hand Thinning

- Pruning

- Slash Treatment

The Contractor shall furnish all labor, equipment, transportation, supervision, supplies (except those designated as government-furnished), incidentals, and perform all work necessary to complete the project in compliance with terms, specifications, conditions, and provisions of this solicitation.

It is the responsibility of the Contractor to be familiar with access to all units, additional cost for walk in access will not be approved.

Camping is allowed but must be approved by District Ranger and in compliance with Payette NF camping provisions.

No off-road vehicle use; the contractor shall follow the Payette National Forest Motor Vehicle Use Map (MVUM).

Access on roads not identified on the MVUM may be provided by Contracting Officer’s Representative (COR) or Inspector.

The government may award up to 2 different task orders for this work under the R1/R4 Hand Thinning IDIQ contract, and bids will be accepted for 2 different geographic areas (area 1 includes Brush/Rapid River and Railroad Saddle; area 2 includes Huckleberry and Robinson). Please designate the maximum and minimum acreage you are willing to accept. We will not break apart the project areas specified in the tables and maps. Note that if you are interested in bidding on all project areas the work must be completed by November 30th, 2025.

Location and Description

The work is located on the Council, Weiser, and New Meadows Districts of the Payette National Forest.

Unit boundaries are not marked (no flagging or cutting unit boundary signs). The contractor will be provided georeferenced PDF maps that can be utilized through Avenza Maps on a smart phone or tablet. To request these maps or additional unit and area maps, please contact the Contracting Officer’s Representative (Mike Elles – michael.elles@usda.gov). Contractor shall have maps loaded on a device prior to arrival at the contract site. The contractor may flag the units but must remove flagging once the unit is complete. Note: Georeferenced map boundaries may not be fully representative of on the ground boundaries. In the event of boundary discrepancies, inspector or COR will determine appropriate boundary prior to the contractor cutting.

Scheduling of Operations

All units must be completed by November 30, 2025; work will be allowed from July 1 to November 30 each year. Any work outside these dates must be approved by the COR. Order of Unit completion will be coordinated with the COR or designated inspector.

The contractor should notify the Forest Service of the expected work start date as early as possible, preferably at least two business days prior to arrival to ensure the COR or inspector is available.

Technical Requirements

Before work begins, the contractor shall designate, in writing, the person, or persons who shall represent the contractor during any absence from the project site. In the designation, the contractor shall describe the areas of responsibility assigned to the representative. Designated representative(s) shall be fully conversant in the English language and shall be able to fully communicate with all parties.

No work will be conducted on private property; all units stop at the Forest Service boundary. Permanent boundary placards denote the boundary, and boundary units should be discussed with an inspector or COR prior to commencing work to ensure boundaries are known. Private boundaries will be identified with flagging.

No work is to be conducted within riparian conservation areas (RCA) unless otherwise specified. If unmapped stream channels, springs, or seeps are encountered, contractor will avoid cutting within RCA until inspector or COR is consulted.

RCA boundary distances are determined by whether the stream is perennial (120-foot buffer) or intermittent (60-foot buffer). Perennial streams are defined as generally having year-round flow except in periods of extreme drought.

Intermittent streams are defined as a stream or portion of a stream that flows in response to seasonal runoff and unlike ephemeral streams have well-defined channel bed and banks. RCA buffers are 120-feet for springs and 30-feet for seeps.

COR will make final determination of RCA status for any unmapped potential RCAs. Drainage ditches along road prisms are not identified as RCAs.

There may be areas of historical significance in the project area. Treatments will be performed as listed in the table and shown on the map; if structures or ruins are encountered they shall be left as they are found. No objects shall be removed and hand piles will be placed as to not affect the site. See hand piling specs below. Parking or driving off the hardened road surface is not allowed to protect natural and cultural resources.

If mineral licks or elk wallows are found in units, a 400-foot buffer is required. Notify COR or designated inspector of their location immediately.

Contractor will follow unit specifications noted in the attached tables to the nearest road or property line. Consult inspector or COR if uncertain about boundary location.

No vegetation shall be cut or vegetation activities conducted in the roadbed or travel ways that are indicated on the maps as “ML 1/ATS.”

Do not cut previously marked trees without prior consultation with the COR or designated inspector.

During all operations, care shall be taken to minimize damage to leave trees. Damage to leave trees by the contractor’s operations shall be counted as a deficient tree.

Contractor will notify COR or designated inspector upon completion of each unit. If inspectors deem unit to be deficient, work will be completed prior to moving into additional units.

Non‐Commercial Thinning

C. 5.2 – Tree Thinning (Hand Thinning) In all units, thin such that the following conditions are met:

A. Thin, prune, and scatter/pile trees from a minimum of 18-inches tall up to the 10-inch diameter at breast height

(DBH), or DBH specified in tables below.

B. Cut all trees within the dripline of trees larger than 10-inch DBH (or DBH specified in table). Do not cut whitebark pine or aspen. Prior to cutting western larch, consult with inspector or COR.

C. Cut the remaining trees less than 10-inches DBH (or DBH specified in table) to a spacing between boles specified in treatment tables below. Do not include trees greater than DBH specified in tables in leave tree spacing.

D. Cut all conifers less than 10-inch DBH (or DBH specified in table) except whitebark pine within 40-feet of aspen greater than 1-inch DBH or aspen clumps. Aspen clumps are defined as 10 or more aspen trees grouped closely together (within 25-feet), greater than 4-feet in height. In aspen clumps greater than 1/3-acre, cut 10% of aspen stems.

If whitebark pine is observed within any units, the following requirements apply:

1. Do not cut or limb whitebark pine of any age/size class, dead or alive.

2. Felling of trees will be directional away from any whitebark pine.

3. Damage will not occur to whitebark pine including from the movement of slash, marking of any kind, parking or any other equipment or vehicle use.

4. Piles will be arranged to avoid scorching any whitebark pine trees. Piles can be arranged to target species competing with whitebark pine such as subalpine fir.

5. Slash would be removed and scattered to a distance greater than 33-feet from the dripline of whitebark pine trees of all age classes. Windrowing slash is not acceptable unless it is the only option for meeting pullback standards. In this circumstance slash will be piled or windrowed to avoid damage to leave trees to the extent possible with prior approval of the COR.

E. Favor to leave healthy trees in order of preference: whitebark pine, western larch, Ponderosa pine, Douglas-fir, Engelmann spruce, lodgepole pine, grand fir, subalpine fir except when thinning would create near monocultures greater than 1-acre in size. In these instances, leave 20-30% of residual trees as trees of a lower species preference. Leave trees of lower species preference if they are healthier or better formed than trees ranking higher on the species preference (for example, it is ok to leave a healthy grand fir over a diseased western larch).

Healthy trees are described as trees not diseased or damaged, with good form and with a crown ratio of 30% or greater in Ponderosa pine, western larch, and lodgepole; and 50% or greater crown ratio in Douglas-fir, Engelmann spruce, grand fir, and subalpine fir.

F. Spacing on individual trees may be varied up to 25% to select the most desirable leave tree.

G. Trees selected as cut trees shall be cut at or below 4-inches above ground level. If natural obstacles prevent severing the bole at that point, stump height shall not exceed 4-inches above the obstacle. All live limbs shall be removed from the stump. Stumps shall be cut horizontally.

H. Trees shall be directionally felled away from residual trees, improvements, or private property. Such directional felling shall not be required when in the faller’s judgment it is unsafe to do so, and the tree shall be left standing.

C. 5.5 – Pruning In ALL units, prune such that the following conditions shall be met:

A. All residual live conifer trees greater than 4-inches DBH shall be pruned to a height of 6-feet or 1/3 of the tree height, whichever is less. This is measured on the uphill side of the tree.

B. Limbs shall be cut within ½-inch of the limb collar and completely severed from the tree.

C. Live and dead limbs need to be pruned.

D. Pruning may be completed with a chainsaw, pruning saw, or shears. Caution shall be taken to minimize damage to the bole of the tree.

E. If damage from pruning removes portions of the bark greater than 4-inches in length or more than 25% of the circumference (whichever is less), the damaged tree shall be cut, and a different leave tree shall be selected in its place.

C. 5.9 – Slash Treatment

C. 5.9.1 – Standard Slash Treatment (Scatter) In blocks with slash treatment designated as “Scatter” in the tables below, the following conditions shall be met:

A. Contractor shall lop the top 4-feet of felled trees and limb cut tree boles greater than 4-inches diameter. Contractor shall lop and scatter all slash resulting from contract activities. Units to be scattered are shown in the treatment tables.

B. Resulting slash will not extend over 2-feet in height above the ground. Slash, including boles, will be evenly scattered beyond the drip line. If residual tree crowns are touching, slash will be distributed evenly between boles, but not touching the boles. Slash will be scattered in a manner so as not to create a berm. If open areas exist, slash will be pulled up to 50-feet and scattered into these areas.

C. Boles of cut trees do not need to be bucked unless it is necessary to facilitate lopping and scattering of limbs, or to fulfill dripline requirements in “B” above.

D. All slash created by operations performed under this contract which falls outside the unit boundaries shall be pulled back into the unit and treated with the applicable slash treatment.

E. Lop and scatter treatments shall be concurrent with thinning.

F. All slash created by operations performed under this contract shall be:

Pulled back at least 10-feet from the top of road cuts and at least 5-feet beyond the traveled surface of the road prism on the fill side, for all roads shown on the contract maps. No cut material is to be left within the road prism, including cutbanks.

Pulled back at least 15-feet from all culvert intakes and fences.

F. Pulled back at least 5-feet from signs and the traveled portion of any trails, ditches, fireline, footpaths used by cattle, or channel bottoms above culvert intakes.

C. 5.10 – Hand‐Piling (Pile and Cover) In blocks with slash treatment designated as “Pile” in the tables below, the following conditions shall be met:

A. Slash to be Hand Piled

For all units, pile 90% of slash material created from this contract between 1- and 4-inches in diameter.

Material greater than 4-inches in diameter should be limbed, with the limbs being piled and boles left as whole as possible.

B. Location of Piles The minimum spacing of pile edges to the residual tree canopy edge will be 8-feet. In closed canopy stands, make piles between trees if no openings exist within 50-feet.

No piles are to be made within 20-feet of roads, trails, signs, fences, ditches, fireline, footpaths used by cattle, outside the unit, or within channel bottoms above culvert intakes without prior written approval of the COR.

Slash shall be moved up to 50-feet, if necessary, to protect residual trees or meet minimum pile size requirements. In areas where slash amounts are not sufficient to meet pile requirements contractor may lop and scatter material to “Scatter” specifications above, with prior COR approval.

C. Construction and Size of Piles All piles shall be as compact as possible. Minimum pile size is 6-feet in height and 6-feet in diameter.

Maximum pile size is 8-feet in height and 8-feet in diameter. Pile height is measured from the uphill side.

All piles shall have a good base to keep the pile from toppling. Larger material shall be placed in the upper portion of the pile to aid in compaction of the pile. This may be accomplished by either teepee stacking or parallel stacking material.

Jack-strawed piles, crisscross piles and poorly compacted piles will not be accepted. All material in excess of 6-feet in length shall be cut before placing in the pile. Material protruding out beyond the compact portion of the pile shall be bucked off and added to the pile to facilitate a clean burn.

One larger pile is preferred to multiple small piles.

D. Covering of Piles

Piles must be constructed with a 3-foot by 5-foot (or larger) sheet of wax coated kraft paper placed on the pile when it is approximately ¾ of the finished height of the pile. The remaining slash is to be piled on top to prevent the paper from blowing away. Paper shall not be folded over. The contractor shall supply the paper.

Treatment Tables:

Brush/Rapid River Hand Thinning Spacing

Slash Treatment

Prune Acres

Unit name DBH limit 25 ft 35 ft Scatter Pile and

Cover

01 P Brush Mt 10" X X X 59.3

02 P Brush Mt 10" X X X 21.9

03 P Brush Mt 10" X X X 6

04 P Brush Mt 10" X X X 241

05 S Brush Mt 10" X X X 13.6

06 S Brush Mt 10" X X X 16.4

07 S Brush Mt 10" X X X 39

08 S Brush Mt 10" X X X 11.9

09 S Brush Mt 10" X X X 40.7

10 S Brush Mt 10" X X X 10.6

11 S Brush Mt 10" X X X 15.8

12 S Brush Mt 10" X X X 4.3

13 S Brush Mt 10" X X X 35.8

14 S Brush Mt 10" X X X 62.3

15 S Brush Mt 10" X X X 32.5

16 S Brush Mt 10" X X X 7.2

17 S Brush Mt 10" X X X 26.6

18 S Brush Mt 10" X X X 21

19 S Brush Mt 10" X X X 74.6

20 S Brush Mt 10" X X X 52.4

21 S Brush Mt 10" X X X 30.6

22 S Brush Mt 10" X X X 6.7

23 S Brush Mt 10" X X X 11.5

24 S Brush Mt 10" X X X 13.9

25 S Brush Mt 10" X X X 9.1

26 S Brush Mt 10" X X X 22.2

27 S Brush Mt 10" X X X 33.6

28 S Brush Mt 10" X X X 33.1

29 S Brush Mt 10" X X X 190.8

01 P RR 8" X X X 49.9

02 P RR 8" X X X 53.9

03 S RR 8" X X X 11.2

04 S RR 8" X X X 11.7

05 S RR 8" X X X 3.9

06 S RR 8" X X X 16.6

07 S RR 8" X X X 22.7

08 S RR 8" X X X 11.5

09 S RR 8" X X X 26.7

10 S RR 8" X X X 41.3

11 S RR 8" X X X 56.6

12 S RR 8" X X X 18.5

Total Acres Thin and Pile 432

Total Acres Thin and Scatter 1036.9

Brush/Rapid River Total Acres 1468.9

Huckleberry Hand Thinning Spacing

Slash Treatment

Prune Acres

Unit name DBH limit 25 ft 35 ft Scatter Pile and

Cover

01 P Huckleberry 10" X X X 34.2

02 P Huckleberry 10" X X X 22.2

03 P Huckleberry 10" X X X 18.9

05 P Huckleberry 10" X X X 18

07 P Huckleberry 10" X X X 5.1

08 P Huckleberry 10" X X X 23.4

09 P Huckleberry 10" X X X 58.1

12 P Huckleberry 10" X X X 65.5

13 P Huckleberry 10" X X X 1.5

14 P Huckleberry 10" X X X 16.5

15 P Huckleberry 10" X X X 22.5

16 P Huckleberry 10" X X X 71.1

18 S Huckleberry 10" X X X 63.6

19 S Huckleberry 10" X X X 40.7

20 S Huckleberry 10" X X X 12.3

27 S Huckleberry 10" X X X 19.7

30 S Huckleberry 10" X X X 50.6

32 S Huckleberry 10" X X X 54.1

34 S Huckleberry 10" X X X 7.2

35 S Huckleberry 10" X X X 36.8

36 S Huckleberry 10" X X X 2.4

37 S Huckleberry 10" X X X 44.6

38 S Huckleberry 10" X X X 23.3

46 S Huckleberry 10" X X X 76.4

47 S Huckleberry 10" X X X 292.4

48 S Huckleberry 10" X X X 35.8

49 S Huckleberry 10" X X X 41.3

50 S Huckleberry 10" X X X 233.5

51 S Huckleberry 10" X X X 28.9

52 S Huckleberry 10" X X X 6.7

53 S Huckleberry 10" X X X 128.4

54 S Huckleberry 10" X X X 5.4

55 S Huckleberry 10" X X X 7.1

56 S Huckleberry 10" X X X 12.5

57 S Huckleberry 10" X X X 53

58 S Huckleberry 10" X X X 53.2

59 S Huckleberry 10" X X X 39.9

60 S Huckleberry 10" X X X 35.6

61 S Huckleberry 10" X X X 14.8

62 S Huckleberry 10" X X X 64.5

63 S Huckleberry 10" X X X 15.5

64 S Huckleberry 10" X X X 166.6

65 S Huckleberry 10" X X X 30.7

66 S Huckleberry 10" X X X 24.3

67 S Huckleberry 10" X X X 3.8

68 S Huckleberry 10" X X X 84

69 S Huckleberry 10" X X X 13.4

70 S Huckleberry 10" X X X 18.9

71 S Huckleberry 10" X X X 22.7

72 S Huckleberry 10" X X X 81.7

73 S Huckleberry 10" X X X 39.7

74 S Huckleberry 10" X X X 63.4

Total Acres Thin and Pile 357

Total Acres Thin and Scatter 2049.4

Huckleberry Total Acres 2406.4

Robinson (Optional) Hand Thinning Spacing

Slash Treatment

Prune Acres

Unit name DBH limit 25 ft 35 ft Scatter Pile and

Cover

01 S Robinson 10" X X X 18.3

02 S Robinson 10" X X X 20

03 S Robinson 10" X X X 118.9

04 S Robinson 10" X X X 113.8

05 S Robinson 10" X X X 41.3

06 S Robinson 10" X X X 13.9

07 S Robinson 10" X X X 9.7

08 S Robinson 10" X X X 68.8

09 S Robinson 10" X X X 20.3

Total Acres Thin and Pile 0

Total Acres Thin and Scatter 425

Robinson (Optional) Total Acres 425

Huckleberry (Optional) Hand Thinning Spacing

Slash Treatment

Prune Acres

Unit name DBH limit 25 ft 35 ft Scatter Pile and

Cover

04 P Huckleberry 10" X X X 65.5

06 P Huckleberry 10" X X X 7

10 P Huckleberry 10" X X X 4.5

11 P Huckleberry 10" X X X 43.3

17 P Huckleberry 10" X X X 24.1

21 S Huckleberry 10" X X X 47.4

22 S Huckleberry 10" X X X 8.9

23 S Huckleberry 10" X X X 9.9

24 S Huckleberry 10" X X X 41.5

25 S Huckleberry 10" X X X 55.6

26 S Huckleberry 10" X X X 11.4

28 S Huckleberry 10" X X X 4

29 S Huckleberry 10" X X X 4.7

31 S Huckleberry 10" X X X 22.5

33 S Huckleberry 10" X X X 49.1

39 S Huckleberry 10" X X X 76.6

40 S Huckleberry 10" X X X 107.9

41 S Huckleberry 10" X X X 101.4

42 S Huckleberry 10" X X X 81

43 S Huckleberry 10" X X X 38.6

44 S Huckleberry 10" X X X 4.6

45 S Huckleberry 10" X X X 43.8

75 S Huckleberry 10" X X X 35.6

76 S Huckleberry 10" X X X 24.6

77 S Huckleberry 10" X X X 14.7

78 S Huckleberry 10" X X X 19.3

79 S Huckleberry 10" X X X 21.9

80 S Huckleberry 10" X X X 29

81 S Huckleberry 10" X X X 3.5

82 S Huckleberry 10" X X X 8.7

83 S Huckleberry 10" X X X 27.4

84 S Huckleberry 10" X X X 11.6

Total Acres Thin and Pile 144.4

Total Acres Thin and Scatter 905.2

Huckleberry (Optional) Total Acres 1049.6

Railroad Saddle (Optional) Hand Thinning Spacing

Slash Treatment

Prune Acres

Unit name DBH limit 25 ft 35 ft Scatter Pile and

Cover

01 P RRS 10" X X X 25.4

02 P RRS 10" X X X 39.7

03 P RRS 10" X X X 49.7

04 P RRS 10" X X X 12

05 P RRS 10" X X X 21.2

06 S RRS 10" X X X 6.4

07 S RRS 10" X X X 19.1

08 S RRS 10" X X X 37.7

09 S RRS 10" X X X 34.8

10 S RRS 10" X X X 53.7

11 S RRS 10" X X X 39.5

12 S RRS 10" X X X 32

13 S RRS 10" X X X 46.3

14 S RRS 10" X X X 63.3

15 S RRS 10" X X X 32.6

16 S RRS 10" X X X 9.2

17 S RRS 10" X X X 23.6

18 S RRS 10" X X X 41.9

19 S RRS 10" X X X 8.2

20 S RRS 10" X X X 24.9

21 S RRS 10" X X X 17.6

22 S RRS 10" X X X 10.1

23 S RRS 10" X X X 7.3

24 S RRS 10" X X X 22.5

25 S RRS 10" X X X 8.5

26 S RRS 10" X X X 20.7

27 S RRS 10" X X X 32.1

28 S RRS 10" X X X 6.5

29 S RRS 10" X X X 7.7

30 S RRS 10" X X X 10.3

31 S RRS 10" X X X 10.1

32 S RRS 10" X X X 31.1

33 S RRS 10" X X X 11.8

34 S RRS 10" X X X 14.4

35 S RRS 10" X X X 19.6

36 S RRS 10" X X X 30.6

37 S RRS 10" X X X 22.7

38 S RRS 10" X X X 5.9

39 S RRS 10" X X X 16.6

40 S RRS 10" X X X 34.2

41 S RRS 10" X X X 42.2

42 S RRS 10" X X X 3

43 S RRS 10" X X X 15

44 S RRS 10" X X X 5.2

45 S RRS 10" X X X 7.8

46 S RRS 10" X X X 39.6

47 S RRS 10" X X X 1.4

48 S RRS 10" X X X 4.6

49 S RRS 10" X X X 1.8

50 S RRS 10" X X X 6.3

51 S RRS 10" X X X 20.5

Total Acres Thin and Pile 148

Total Acres Thin and Scatter 960.9

Railroad Saddle (Optional) Total Acres 1108.9

FAC 2024-03 February 23, 2024

SECTION C - CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(NOV 2023)

Addenda to 52.212-4:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (FEB 2024)

(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 Covered Entities (Dec 2023) (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31

U.S.C.3903 and 10 U.S.C. 3801)

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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:

[Contracting Officer check as appropriate.] ☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I

(Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☒ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

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

☐ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (Whistleblower Guidance to Contractor Employees)

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

☒ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-328).

☐ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders – Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023) (Pub. L. 115-390) ☐ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023)

(Pub. L. 115-390, title II) ☐ (ii) Alternate I (Dec 2023) of 52.204-30.

☐ (12) 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).

☒ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (14) [Reserved].

☐ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15

U.S.C.657a).

☐ (16) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

☐ (17) [Reserved] ☒ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

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

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

☐ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

☐ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Sep 2023) of 52.219-9.

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

☐ (ii) Alternate I (MAR 2020) of 52.219-13

☐ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-

Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

☒ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C.

632(a)(2)).

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

☐ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

☐ (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C.

637(m)).

☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

☐ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).

☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☒ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

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

☐ (ii) Alternate I (Jul 2014) of 52.222-36.

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

☒ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

☒ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☒ (40) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

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

☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☐ (52)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

☐(ii) Alternate I (Oct 2022) of 52.225-1

☐ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐(ii) Alternate I [Reserved] ☐(iii) Alternate II (DEC 2022) of 52.225-3.

☐(iv) Alternate III (FEB 2024) of 52.225-3 ☐(v) Alternate IV (OCT 2022) of 52.225-3.

☐ (54) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☐ (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (56) 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. Subtitle A, Part V, Subpart G Note).

☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

☐ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov

2021) (41 U.S.C.4505, 10 U.S.C.3805).

☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

(31 U.S.C. 3332).

☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

☐ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46

U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Nov 2021) of 52.247-64.

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

Contracting Officer check as appropriate.] ☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (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

Employee Class Monetary Wage/Fringe Benefits

Brush/Precommercial Thinner $20.95/Hr

☒ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☒ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

☒ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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

1792).

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

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

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

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

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

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

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712)

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328) (vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023) (Pub. L. 115-390, title II)

(B) Alternate I (Dec 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (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.

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

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xiv) 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.

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

(xvi) (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).

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan

2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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

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

(xxiii) 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. Subtitle A, Part V, Subpart G Note).

(xxiv) 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.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801)

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

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

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a)The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b)If the Government exercises this option, the extended contract shall be considered to include this option clause.

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.

452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

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.

452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from contract award through 11/30/2025.

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 15 days after the date of contract award. The conference will be coordinated by the COR and held via electronically or in person.

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

ATTACHMENT 1: SCHEDULE OF ITEMS

ATTACHMENT 2: BRUSH RAPID MAP

ATTACHMENT 3: HUCKLEBERRY MAP

ATTACHMENT 4: ROBINSON MAP

ATTACHMENT 5: RRS MAP

ATTACHMENT 6: PAYMENT UNIT BREAKDOWN

ATTACHMENT 7: WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Provisions:

https://www.acquisition.gov/browse/index/far (FAR Provisions begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Provisions:

https://www.acquisition.gov/agar (AGAR Provisions begin with 452) FAR and AGAR Deviations to provisions may be viewed at: Policies & Regulations | USDA

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023)

Addenda to provision 52.212-1:

Addenda to Provision 52.212-1 paragraph (b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include past performance, a price quote, and contractor representations and certifications.

a) Past Performance – provide a list of similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. In the event that there is no past performance information available, the offeror will receive a neutral rating in this factor.

b) Price Quote– Include the following: 1) the completed, signed SF-1449, 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s), and 3) the completed Schedule of Items contained in Section B of this solicitation.

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.204-29, 52.209-7, 52.212-3, and Employment of Eligible Workers-Workforce Certification found in this solicitation and include a copy with your offer.

3) Submit offer by email to steven.dahlgren@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Past Performance, Price Proposal, and Representations and Certifications) in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from Steven Dahlgren, Contract Specialist.

4) Address questions about this solicitation to Steven Dahlgren at steven.dahlgren@usda.gov.

52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price Past Performance

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

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