Synopsitation 12441923Q0008 and ALL Attachments.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL SERVICES

General Information

Document Type:

Solicitation Number:

Posted Date:

Response Date:

NAICS

Product or Service Code:

Set Aside:

Combined Synopsis/Solicitation

12441923Q0008

11/23/2022

12/08/2022

115310

F099

Total (100%) Small Business

Contracting Office Address

USDA Forest Service

SPOC East

1400 Independence Ave SW MS-1138

Washington DC 20250-0001

Description

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; "quotations" are being requested.

This solicitation is a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those currently in effect via Federal Acquisition Circular.

The associated North American Industrial Classification System (NAICS) code for this procurement is

115310, with a small business size standard of $10M.

The Kisatchie National Forest/Calcasieu Ranger District is seeking skidding and decking service.

All responsible sources may submit a response which, if timely received, must be considered by the agency.

All interested companies shall provide a quotation for the following service (see Statement of Work for specific details):

Solicitation No. 12441923Q0008

Fullerton Skidding and Decking – Calcasieu Ranger District Kisatchie National Forest

Item # Description Quantity Unit Unit Price Total Price

1 Skidding and Decking Service 58 Acres $ $

1a Rubber Tire Skidder 1 EA

1b Shear 1 EA

1c Log Loader w/Delimber 1 EA

TOTAL ITEM 1 $ _

NOTE: The equipment identified as Items 1a, 1b and 1c shall be used at a minimum. The prices associated with this equipment should be included in the overall effort of “Skidding and Decking” listed above.

CONTRACT AWARD: This solicitation is for a firm fixed-price contract. Only one contract will be awarded for this project.

BASIS OF AWARD: The Government will award a firm fixed-price contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the best value and most advantageous to the Government, price and other factors considered.

SCHEDULE OF ITEMS/PRICE SCHEDULE

Kisatchie National Forest

ADDITIONAL INFORMATION AND INSTRUCTIONS

SITE SHOWING

No formal site showing is scheduled for this project. However, an inspection of the project area is highly recommended before submitting an offer for this project. You may contact

Charles Fontenot at the Calcasieu Ranger District Office at 337-349-9467 for technical questions or for directions to view the project area prior to submitting an offer. If you are unable to reach

Charles via phone you may contact him via email at charles.fontenot@usda.gov.

You may also contact Lashone Wallace with any questions regarding this solicitation and project. Lashone may be reached via email at lashone.wallace@usda.gov.

SYSTEM FOR AWARD MANAGEMENT (SAM)

In order to be eligible for an award, potential contractors must comply with all requirements of

FAR Clause 52.204-07, System for Award Management Registration and have an active entity registration in the System for Award Management in order to submit an offer.

https://www.sam.gov/SAM/

All offerors must submit the following information:

IMPORTANT NOTICE AND INSTRUCTIONS TO OFFERORS

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER:

ARE YOU REGISTERED IN SAM? [ ] YES [ ] NO

HAVE YOU COMPLETED REPRESENTATIONS AND CERTIFICATIONS IN SAM?

[ ] YES [ ] NO

OFFEROR NAME

ADDRESS:

EMAIL ADDRESS:

CONTACT PHONE #s mailto:charles.fontenot@usda.gov mailto:lashone.wallace@usda.gov.

https://www.sam.gov/SAM/

Kisatchie National Forest

INSTRUCTIONS TO OFFERORS

Offers submitted in response to this solicitation shall be submitted in accordance with the Instructions to Offerors – Commercial Items on Pages 29-30 and shall include a technical proposal, a price proposal, contractor representations and certifications and any other documents that are listed to be submitted with your offer to be determined responsive.

OFFER DUE DATE AND SUBMITTAL INFORMATION

Please email your offer in response to this solicitation to lashone.wallace@usda.gov no later than 2:00 PM EST on Thursday, December 08, 2022. Only emailed offers submitted with the required information will be accepted.

Please reference Solicitation No. 12441923Q0008 in the subject line of your email when submitting your offer.

ADDITIONAL INFORMATION

1. Contractor Remittance Address: All payments by the government to the contractor under this contract will be made in accordance with Electronic Funds Transfer (EFT) methods referenced in this solicitation. All required information must be in the System for Award Management (SAM) at https://www.sam.gov.

2. Invoices: Invoices must be submitted thru the Invoice Processing Platform at www.ipp.gov.

Invoices shall be submitted monthly after service is performed; no advance payments will be authorized.

3. Payments: In accordance with the Prompt Payment Act, payment will be due 30 days after receipt of supplies/services or receipt of proper invoice; whichever is later. If payment is not received within 5 working days following the due date, notify the Contracting Officer’s Representative or Contracting Officer. Contractors are encouraged to contact the Controller Operations Division/Administrative Payments Branch (COD/APB) formerly known as the National Finance Center at 1-800-421-0323 concerning status of past due invoices.

Kisatchie National Forest

HURRICANE LAURA SKIDDING AND DECKING

STATEMENT OF WORK

Scope of Work

The contractor shall furnish all labor, supplies, tools, transportation and supervision necessary to operate equipment to cut the trees away from the stumps, skid cut and unattached trees to a designated area, and deck the trees according to diameter of the trees.

No green trees will be included to be cut during the contract.

Project Area

The area is located in Kisatchie National Forest, on the Calcasieu Ranger District, in Vernon Parish. It consists of approximately 58 acres. See Vicinity Map and Project Map attached.

Period of Performance

The contract period of performance is planned from 12/30/2022 to 06/29/2023. Contract time shall begin with issuance of notice to proceed (NTP) or signed award, which shall begin contract period of performance (180 days from NTP).

Work Performance Time

All work shall be performed during the time period of one-half hour after sunrise to one-half hour before sunset, Monday through Friday, unless time changes are approved by the COR. Completion dates/contract time will be designated within individual task orders.

Special Contract Requirements

Key personnel designated by the contractor shall have the ability to speak English and communicate with crew members.

Equipment Cleaning – Invasive Species of Concern

(a) The contractor shall ensure that any equipment intended for use during contract performance, either mechanical or otherwise, shall be free from invasive species of concern before use on this contract or any subsequent task order.

(i)Prior to commencing work on a project, the contractor shall advise the Forest Service of previous equipment cleaning measures and make equipment available for inspection upon request. Forest Service shall have 2 days, excluding weekends and Federal holidays, to inspect any equipment to ensure it is free of invasive species of concern. Equipment shall be considered clean when a visual inspection does not disclose seeds, soil, vegetative matter, and other debris that could contain or hold seeds of invasive species of concern. After satisfactory inspection or after such 2 day period, the contractor may proceed with work as directed by the COR.

(ii) If the contractor desires to clean equipment on National Forest land, such as at the end of a project or prior to moving to or through an area that is free of invasive species of concern, the contractor shall obtain prior approval from Contracting Officer as to the location for such cleaning and measures, if any, for controlling impacts.

Kisatchie National Forest

(b) The Forest Supervisor’s Office maintains a current list and maps of areas known by the Forest

Service that are infested with invasive species of concern and are available upon request. The parties shall promptly communicate with one another with respect to description or designation of additional locations; discovery of locations of new species or new infestation; and addition of species to the list of invasive species of concern and any potential impact on contract operations.

Forest Service Road Use

Contractor will have access to all Forest Service system roads (open or closed) necessary for accomplishing the work required by this contract.

Gates: Forest roads may be gated. The Contractor shall have access through these gates through coordination with the Government. Contractor shall be responsible for ensuring for gate security during contract operations.

Contractor is allowed to use off-road vehicles to access the work site when roads are impassable with street-legal vehicles. Caution signs must be posted when using off-road vehicles on system roads not designated for their use.

Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

(a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place.

(b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the

Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

Cleaning Up

The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.

Tasks

Cutting the trees from the stump

Contractor shall cut trees on the ground and in snag form leaving a 2-3 foot length bole on stump.

The Contractor shall leave 2 to 3 snags per acre for wildlife purposes.

Kisatchie National Forest

The contractor shall cut the top off the tree: for the sawtimber it will be at the 7” (Diameter outside bark)

DOB and the pulpwood it will be at the 4” DOB. Desired length of tree for skidding is tree length.

Minimum length of tree for skidding is 16 feet.

If a tree breaks during skidding operations then the pieces that are less than the minimum length stated above can be left in the project area.

If stump stands back up, the contractor shall cut and leave a 2-foot length bole from stump and leave the cut piece in the project area.

Skidding trees to designated areas may require longer drags to avoid cultural or botanical resources.

Designated areas will be agreed upon by the contractor and the COR.

Contractor shall skid the trees to designated areas.

Unattached trees found on the ground in the project area and not broken will be skidded to the designated areas.

NO RUTTING IS ALLOWED IN THE AREA OR THROUGH STREAMS.

Decking the trees

The trees will be decked in heights of 10-15 feet by diameters (DBH).

The decks will be separated by pulpwood and sawtimber size trees.

The decks will have pulpwood trees with 5’’ DBH to 10” DBH.

The decks will have sawtimber trees with diameters of 11” DBH +.

Public Safety and Traffic Control

The Contractor shall exercise caution and care while performing the work to prevent unnecessary conflict with or potential hazards to road users. The Contractor shall post warning signs on each end of the road segment being worked. Signs shall be of the size, type, and colors required in the current edition of the "Manual on Uniform Traffic Control Devices". A copy of the "MUTCD" is available to the Contractor for in office reference only upon request. These signs shall be moved as needed to delineate and identify the section of road being maintained per specification. At no time shall the signs be more than two miles (or from intersection to intersection of road segment) from the operating equipment and shall be in place only when road equipment or personnel are actually performing operations. No road work shall be permitted if warning signs are not posted.

Landscape Preservation and Hazardous Materials

(a) The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain natural surroundings undamaged, and shall conduct the work at all times in compliance with the following requirements:

Kisatchie National Forest

1. Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees, shrubs, lawns, or natural features unless specifically authorized by the Government. Unless otherwise provided in the Special Project Specifications, the

Contractor shall confine contract operations to within the areas designated in contract documents. Unless otherwise provided in this contract, the Contractor shall gather rock which falls outside the roadway due to contract operations and dispose of it as directed by the Government.

2. Protection of Streams, Lakes, and Reservoirs. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumen’s, dust palliatives, silt, or other harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the

Government.

(b) The Contractor shall confine operations to within the work area limits, immediate work area, or other areas designated in the contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

(c)No petroleum products or other hazardous substances shall be released on or into land or rivers, streams, impoundments or other waters, or into natural or manmade channels leading thereto or therefrom. Servicing of all equipment shall be done only in the areas approved by the Contracting Officer. The Contractor shall transport off government lands all waste oil, vehicle oil filters (drained of free-flowing oil), and oily rags and shall dispose of such materials in accordance with applicable State and Federal regulations.

1. If the total on-site oil or oil products storage exceeds 1320 gallons or if any single container exceeds a capacity of 660 gallons, the Contractor shall prepare and implement a Spill Prevention Control and Countermeasures (SPCC) Plan.

Such plan shall meet applicable EPA requirements (40 CFR 112) including certification by a registered professional engineer. This plan shall include notification of appropriate state and local officials, the Contracting Officer and other appropriate agencies.

2. At all on-site work areas (including Contractor storage, transfer, fueling, mixing sites, etc., for oil, oil products or any hazardous materials), the Contractor shall take appropriate preventive measures to insure that any release of hazardous products does not enter any stream or other waters of the United States or any of the individual States and shall conform to the federal, state and local regulations.

Planned spill containment locations in stream courses shall be established prior to commencement of work activities. These locations will be reviewed by the

Contracting Officer or representative. When deemed appropriate additional planned preventive measures shall be established for review by the Contracting

Officer or representative.

Kisatchie National Forest

3. The Contractor, acting independently, shall immediately take action to notify the appropriate agencies including the Contracting Officer, and to contain and clean up, without expense to the Government, all petroleum products or other hazardous substance releases which are on or in the vicinity of the project and which are caused by the Contractor's employees, directly or indirectly. The Contractor shall have the necessary materials on site to contain a spill which may occur on land or within live streams as appropriate for any potential flow conditions likely to occur. This may require absorbent pads and/or booms, or other containment devices. In the event the

Government determines that additional resources beyond those of the

Contractor's are required, the Contractor may be held liable for all damages and costs including, but not limited to additional labor, subsistence, equipment, supplies, and transportation deemed necessary by the

Government for the containment and clean-up of petroleum products or other hazardous substance releases caused by Contractor's employees or resulting from or related to construction operations.

4. The Contractor shall notify the Contracting Officer of any hazardous materials to be used on the job and shall have Material Safety Data Sheets

(MSDS) for those materials available on the job.

Equipment Cleaning Requirements

All earth moving equipment (loaders, excavators, dump trucks, etc.) moved to the job site shall be cleaned of weeds and their seeds prior to each entrance onto the National Forest lands.

Cleaning shall consist of the removal of all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. This may require the use of a pressure hose.

Equipment shall be made available for visual inspection by the Forest Service prior to entering National Forest lands. The Contractor shall advise a proposed date for mobilization. Inspections will take place at mutually agreeable en-route locations in advance of entry onto National Forest lands. The Contractor shall take special care under this contract to prevent contamination of water at the work sites with any petroleum residues from mechanical equipment operations. This shall include daily inspection and cleaning as appropriate.

Threatened, Endangered, and Sensitive Species

Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, or Federal candidate

(Category 1 and 2), sensitive or state listed species, are discovered to be present in or adjacent to the project area. Actions taken under this paragraph shall be subject to the

Suspension of Work clause, FAR 52.242-14.

Property and Personal Damage

(a) The Contractor shall use every precaution necessary to prevent damage to public and private property. Land monuments and property markers shall not be disturbed until the Contracting

Officer, or his/her representative, has witnessed or otherwise referenced their location and directed their removal.

(b) The Contractor shall be responsible for all damage to property and to persons, including third parties that occur as a result of his/her agents or employee's fault or negligence. The term "third parties" is construed to include employees of the government.

Kisatchie National Forest

Use of Roads by Contractor

The Contractor is authorized to use all roads under the jurisdiction of the Forest Service that are open and necessary for direct route access to the contract work sites for all activities necessary to complete this contract. This authorization is subject to the limitations described below, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

Keep existing roads open to all traffic during contract work, and maintain them in a condition that will adequately accommodate traffic. Perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a Written Plan for the satisfactory handling of traffic has been approved. Post Traffic Control Signs and Devices in conformance with the current edition of the “Manual on Uniform Traffic Control

Devices” (MUTCD). Do not proceed with work on the project until all required signs are in place and approved.

Before shutting down any operations, leave all travel ways in a condition suitable for traffic. The roads authorized for use will be subject to the following provisions:

(a) The current National Forest Road Use Rules Document is applicable to all commercial road users. This document is available for inspection at the office of the Forest Road Manager, or at

District Road Manager’s offices, and shall be applicable except when modified by provisions of this contract. An abbreviated copy of the Road Rules Document is attached. A full copy is available on request.

(b) Federal Regulations contained in 36 CFR 261.54 as applied to the area by an order issued under 36

CFR261.50. These regulations authorized the Forest Service, as a sovereign act, to issue additional restrictions to those shown in the current Road Use Rules Document and will be posted on the road.

Trash and Refuse Material

Contractor shall remove all of its own trash and refuse from the contract area. Material to be removed includes, but is not limited to: used engine oil, oil filters, oil cans, grease cartridges, camp refuse such as tin cans, paper garbage, etc. All placement of sanitary facilities will require prior approval of the Contracting Officer.

Storage of Materials and Equipment

Materials shall be stored to assure the preservation of their quality and fitness for work.

Approved portions of the right-of-way or other areas on Government land may be used for storage purposes. All storage sites approved by the Government will be restored to a satisfactory condition at the Contractor's expense.

Salvage Rights

No Contractor salvage rights exist under the contract unless specifically provided elsewhere herein.

Protection of Existing Vegetation, Structures, Equipment, Utilities and Improvements

The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site which are not to be removed and which

Kisatchie National Forest do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

The Contractor will notify all utility companies or other parties affected and make arrangements for all necessary adjustments of the public or private utility fixtures, pipelines, and other appurtenances affected by work under the contract.

Protection of Archeological Resources - Upon discovery of suspected archeological or historical material, the contractor shall cease work in the vicinity of such material and immediately notify the Inspector or COR. COR will work with archeologist to designate potential sites to avoid.

If any cultural resources are discovered during operations all ground-disturbing activity will cease. The Forest Archeologist in conjunction with COR will determine changes to be made to the project before work resumes (USDA 1999b).

Known cultural resource sites will be protected by contract and no ground-disturbing activities will occur in these areas, which may include segments of roads (USDA 1999b).

Potential Safety Hazards

The following conditions have been identified as inherently hazardous to a degree that failure to take the proper precautions could lead to serious injury or loss of life. This listing shall not be construed as all inclusive. The Contractor shall provide a written job-specific hazard analysis and safety plan that addresses and conforms to the requirements of 29 CFR 1910 and

1926 and the clause entitled Accident Prevention (FAR 52.236-13) included herein.

Appropriate actions shall be taken by the Contractor to implement this plan during performance and to take any and all other necessary steps to mitigate the dangers from hazards.

• tree bucking/limbing

• fall hazard from work heights exceeding six feet

• traffic control on high-volume and/or high-speed and/or limited visibility roads

• heavy equipment operation

• fire hazards

• hazardous materials handling

• hydraulic and/or pneumatic and/or other high pressure hazards

• Mechanical hazards such as pulleys, springs etc.

• temporary excavation/slope stability

• travel on decommissioned roads, i.e. roads with waterbars and other barriers

• equipment in roadway

• soft road shoulders

Kisatchie National Forest

Hazard Trees

If contractor locates a tree that is considered a danger to current activities, it shall be reported to the COR immediately.

Traffic Control, Flaggers, Barricades, Warning Signs, and Other Devices

The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, flaggers, pilot cars, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public.

Barricades and other obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic.

Keep traffic devices current with maintenance operation and remove upon completion.

All operations and signing shall conform to the current requirements and guidelines of the

Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic

Control Devices (MUTCD).

The Contractor shall erect warning signs in advance to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points, where the new work crosses or coincides with an existing road or trail. Required signs may be mounted on portable or temporary mountings. Use standard MUTCD shapes, colors, sizes, and legends.

Mark hazards incidental to the work within or on the traveled way, shoulders, or turnouts with hazard identification markers, illuminated beacons, and other MUTCD devices to safely guide road users through the area. Mark work segments not completed on a daily basis appropriately for night travel. Obtain authorization before commencing work at night.

Advisory speed plates may be used to control traffic through the work area.

Flaggers - Provide properly equipped, trained and certified, flag person(s) where the traffic is required to stop before proceeding. Stop traffic in locations which provide width enough for passage of traffic and reasonable protection for vehicles. When flag control is used, advance warning signs are required.

Motorized Equipment

Use of motorized equipment other than hand-held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the

Contracting Officer or as elsewhere provided herein.

Hazardous Material Spill Clean-Up Kit

A hazardous material spill clean-up kit shall be maintained and readily available for potential use on the project at each work site and approved equipment storage / parking location. Spill clean-up kits shall contain the following items as a minimum:

1 case absorbent pads suitable for absorbing hydraulic fluid, engine oil, and fuel 1 gallon "Plug-a-Dike" or equivalent material

A five-gallon mixing container

Kisatchie National Forest

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)

Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)

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; 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.

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

Kisatchie National Forest

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Items (JAN 2021) (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 items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77 and 108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun

2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (5) [Reserved].

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

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

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

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101note).

☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

X

Kisatchie National Forest

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15

U.S.C.657a).

[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.

☐ (11)(ii) 52.219-3 Alternate I (Mar 2020) of 52.219-3.

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

Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (ii) Alternate I (Mar 2020) of 52.219-4.

☐ (13) [Reserved]

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

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

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

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

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

(3)).

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9.

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

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

☐ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

[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.

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar

2020) (15 U.S.C. 657f).

[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.

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15

U.S.C. 632(a)(2)).

Kisatchie National Forest

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

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

[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) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020)

(15 U.S.C. 637(m)).

[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.

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15

U.S.C. 644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(DEVIATION JUL 2020) (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

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

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

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

☒ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

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

☒ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

☒ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).

☐ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

Kisatchie National Forest

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

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

Air Conditioners (Jun 2016) (E.O. 13693).

☐ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514).

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

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

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

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

8259b).

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

2015) (E.O.s 13423 and 13514).

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

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

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

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)

(DEVIATION JUL 2020) (41 U.S.C. chapter 83, 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), Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3.

☐ (iii) (ii) Alternate II (May 2014) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (May 2014) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

Department of the Treasury).

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal

Year 2008; 10 U.S.C. 2302 Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

Kisatchie National Forest

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

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

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

☐ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10

U.S.C.2307(f)).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct

2018) (31 U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C.3332).

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

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

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

☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

☐ (iii) Alternate II (Feb 2006) 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 items:

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

General Forestry Laborer, WG 2 $14.06

Forestry Technician, WG 8 $22.37 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3

Kisatchie National Forest

Employee Class Monetary Wage-Fringe Benefits

Heavy Equipment Operator, WG 8 $22.37

☐ (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 Under Executive Order 13658 (Nov 2020).

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

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

U.S.C. 1792).

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

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

Kisatchie National Forest

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

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

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-26, Covered Telecommunications Equipment or Services-Representation

(Oct 2020)

(vi) 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.

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

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

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

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

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

(xii) 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.

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

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

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

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

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

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

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

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

Kisatchie National Forest

(xxi) 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).

(xxii) 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.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

52.223-2 Affirmative Procurement of Biobased Products Under Service And Construction

Contracts…