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Issuing Office: This solicitation can be downloaded at https://www.sam.gov.

Special Operations Center


Northwest Division

Project Title:

Flagging-Pilot Car Support Services (Traffic Control)

Solicitation:
Request for Quote (RFQ): 12048923Q0027

IMPORTANT – NOTICE TO ALL PROSPECTIVE OFFERORS

Proposals shall be emailed to the Contracting Officer, at Jerome Watkins,


jerome.watkins@usda.gov, by 1200 hours,CST (San Antonio - Local), 6/07/2023.
As part of its proposal, the Offeror shall complete/submit the following:
(a) SF 1449, Blocks 17a, 30a-30c;

(b) Fill in the appropriate information requested in Section B.1, Schedule of Items;

(c) Provide your responses to Sections E.4 Instructions to Offerors; and,

(d) Contact information for an individual with the authority to bind.


(e) Questions can be submitted via email until 1200 hours,CST (San Antonio - Local),
5/10/2023. Answers to questions will be submitted to SAM.gov as an amendment.
Quotes that arrive after the prescribed time for receipt of quotes will be considered late and treated in accordance
with FAR 52.212-1, Instructions to Offerors-Commercial Items.
It is the Offeror’s responsibility to monitor the following website for any changes to the RFP:
https://www.sam.gov.
Quotes submitted in response to the solicitation shall honor the offer for 60 days.
This solicitation neither commits the Government to pay any cost incurred in the submission of the offer or in
making necessary studies or designs for preparing the offer, nor to contract for services or supplies. Any cost
incurred in anticipation of a contract shall be at the Quoter’s own risk.
Quotes shall be submitted to the Contracting Officer, Dr. Jerome Watkins, jerome.watkins@usda.gov.
Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

TABLE OF CONTENTS

SECTION A - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

STANDARD FORM 1449

SECTION B - SECTION B SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS

B.1 SCHEDULE OF ITEMS ......................................................................................................... 3


B.2 BACKGROUND ..................................................................................................................... 9
B.3 SCOPE ................................................................................................................................... 9
B.4 INSTALLATION DETAILS ................................................................................................. 10
B.5 OTHER EQUIPMENT ......................................................................................................... 10
B.6 OTHER REQUIREMENTS .................................................................................................. 11
B.7 TECHNICAL REQUIREMENTS ......................................................................................... 11
B.8 CONTRACTOR FURNISHED PROPERTY ......................................................................... 11
B.9 LANDSCAPE PRESERVATION ........................................................................................ 12
B.10 FINAL CLEANUP............................................................................................................... 12
B.11 GOVERNMENT RESPONSIBILITIES................................................................................. 12
B.12 POST AWARD CONFERENCE ........................................................................................... 12
B.13 INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE CONTRACT ....................... 12
B.14 INSPECTION AND ACCEPTANCE ..................................................................................... 13
B.15 NOTICE OF CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM
(JULY 2010) ......................................................................................................................... 13
B.16 MEASUREMENT AND PAYMENT ..................................................................................... 14
C.1 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND
COMMERCIALS SERVICES. FAR 52.212-4 (DEVIATION 2017-1) (DEC 2022) .................. 15
C.2 ADDENDUM TO FAR. FAR 52.212-4(G) INVOICES ............................................................. 19
C.3 CONTRACT CLAUSES INCORPORATED BY REFERENCES. FAR 52.252-2 (FEB 1998) .... 20
C.4 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.
FAR 52.212-5 (MAR 2023) (DEVIATION 2017-1) .................................................................. 20
C.5 ORDERING (FAR 52.216-18) (Aug 2020) (TAILORED) ........................................................ 28
C.6 ORDER LIMITATIONS (FAR 52.216-19) (OCT 1995) .......................................................... 29
C.7 INDEFINITE QUANTITY FAR 52-216-22 (OCT 1995) ................................................................... 29
C.8 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (52.216-32) (SEP 2019) ............... 30
C.9 OPTION TO EXTEND SERVICES (FAR 52.217-8) (NOV 1999) ..................................................... 30
C.10 OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9) (MAR 2000) ....... 30
C.11 Post-Award Small Business Program Rerepresentation (FAR 52.219-28) (Mar 2023) .............. 31
C.12 AUTHORIZED DEVIATIONS IN CLAUSES. FAR 52.252-6 (NOV 2020) .............................. 33
C.13 MODIFICATION FOR CONTRACT CLOSEOUT. AGAR 452.204-70 (DEVIATION JUL
2022) .................................................................................................................................... 33
D.1 EXHIBITS AND ATTACHMENTS....................................................................................... 34
E.1 GENERAL INFORMATION ................................................................................................. 35
E.2 Size Standard and NAICS Code Information ......................................................................... 35
E.3 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR 52.252-1) (FEB
1998) .................................................................................................................................... 35
E.4 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (FAR 52.212-1) (MAR
2023)(TAILORED) ............................................................................................................... 35

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

TABLE OF CONTENTS

E.5 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. FAR


52.212-2 (NOV 2021)(Tailored) .............................................................................................. 40
E.6 EVALUATION OF OPTIONS (JULY 1990) .......................................................................... 41
E.7 AUTHORIZED DEVIATIONS IN PROVISIONS. FAR 52.252-5 (NOV2020) .......................... 41
E.8 TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT.
FAR 52.204-24 (NOV 2021) ................................................................................................... 41
E.9 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES. FAR 52.212-3 (DEC 2022) (DEVIATION CD 2023-O0002
Rev 1) ................................................................................................................................... 43

ii
1. REQUISITION NUMBER PAGE OF
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1 2
2. CONTRACT NO. 3. AWARD/ 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION
EFFECTIVE DATE 12048923Q0027 ISSUE DATE
05/04/2023
7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE/LOCAL TIME
INFORMATION CALL: JEROME WATKINS 503-680-8234 06/07/2023 1200 CT

9. ISSUED BY CODE 0489 10. THIS ACQUISITION IS UNRESTRICTED OR X SET ASIDE: 100.00 % FOR:

WOMEN-OWNED SMALL BUSINESS


USDA FOREST SERVICE X SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SPOC NORTHWEST HUBZONE SMALL SMALL BUSINESS PROGRAM
NAICS: 561990
BUSINESS EDWOSB
1400 INDEPENDENCE AVE SW MS-1138
SERVICE-DISABLED
WASHINGTON DC 20250-0001 VETERAN-OWNED
8(A)
SIZE STANDARD: $16.5
SMALL BUSINESS

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING
TION UNLESS BLOCK IS 13a. THIS CONTRACT IS A
MARKED RATED ORDER UNDER
14. METHOD OF SOLICITATION
X SEE SCHEDULE DPAS (15 CFR 700)
X RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE 0489
USDA FOREST SERVICE
SPOC NORTHWEST
1400 INDEPENDENCE AVE SW MS-1138
WASHINGTON DC 20250-0001

17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE


OFFEROR CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
IS CHECKED SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

See Schedule of Items, Section B.

Period of Performance: 06/20/2023 to 06/19/2028

Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 29. AWARD OF CONTRACT: OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER REF.
DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED. HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
VICKI L. KEEN
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
2 of 2
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Flagging/ Pilot Car Services for Prescirbed fire


on the Deschutes and Ochoco National Forest

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER
CORRECT FOR

COMPLETE PARTIAL FINAL


PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK


Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION B
SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS

B.1 SCHEDULE OF ITEMS

(a) The Oregon Department of Transportation requires the U.S. Forest Service to post warning signs and/or
provide flaggers/pilot cars whenever smoke can be seen from highways or obstructs motorist's visibility when
driving on Oregon State Highways.

(b) The contractor will provide Flagging/Pilot Car commercial services to USDA Forest Service in support of
prescribed burning efforts for the entire Deschutes and Ochoco National Forests and Crooked River National
Grassland. Flagging locations may include, but are not limited to, Highway 20, Highway 26, Highway 97, Highway
58, or any other roads on or adjacent to the Deschutes and Ochoco National Forests and Crooked River National
Grassland.

(c) The work is generally intermittent and of short duration. The Government requires a non-personal service,
Indefinite Delivery, Requirements contract for the required services. Services consist of contracting for three (3)
Levels of Service (Attachment 1), and an overtime rate for each of these items, plus Electronic Reader (Message)
Boards for a total of 6 Contract Line Item (s) per year . Hourly rates will include all costs for each stand-alone job,
which entails flagging services required to secure a given site; flagging/signs at each end of the site and all support
therein. There may be multiple sites along the same highway, and these will be viewed as separate jobs.

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION B
SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS

(d) Pricing - The offeror shall quote prices for each of the Line Items identified below.

ITEMS 1 through 6 – (PRICE only the Item #)

Base Year, 20 June 2023 – 19 June 2024

CLIN Service or Product Quantity Per Hourly Rate Quantity Per Hour Overtime Hourly
Hour Rate

0001 Posting signs only/Level 1 1 (ea) $ 1 (ea) $

0002 Signs, Flaggers, daytime 1 (ea) $ 1 (ea) $


operations/Level 2
0003 Signs, Flaggers, nighttime 1 (ea) $ 1 (ea) $
operations with temporary
lighting/Level 2
0004 Signs, Flaggers, Pilot Car, 1 (ea) $ 1 (ea) $
daytime operations/Level 3
0005 Signs, Flaggers, Pilot Car, 1 (ea) $ 1 (ea) $
nighttime operations with
temporary lighting/Level 3,
0006 Reader (Message) Board, 1 (ea) $ 1 (ea) $
Electronic (Per Day)
Subtotal N/A $ N/A $

Grand N/A N/A N/A $


Total

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION B
SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS

Option Year 1, 20 June 2024 – 19 June 2025

CLIN Service or Product Quantity Per Hourly Rate Quantity Per Hour Overtime Hourly
Hour Rate

1001 Posting signs only/Level 1 1 (ea) $ 1 (ea) $

1002 Signs, Flaggers, daytime 1 (ea) $ 1 (ea) $


operations/Level 2
1003 Signs, Flaggers, nighttime 1 (ea) $ 1 (ea) $
operations with temporary
lighting/Level 2
1004 Signs, Flaggers, Pilot Car, 1 (ea) $ 1 (ea) $
daytime operations/Level 3
1005 Signs, Flaggers, Pilot Car, 1 (ea) $ 1 (ea) $
nighttime operations with
temporary lighting/Level 3,
1006 Reader (Message) Board, 1 (ea) $ 1 (ea) $
Electronic (Per Day)
Subtotal N/A $ N/A $

Grand N/A N/A N/A $


Total

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION B
SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS

Option Year 2, 20 June 2025 – 19 June 2026

CLIN Service or Product Quantity Per Hourly Rate Quantity Per Hour Overtime Hourly
Hour Rate

2001 Posting signs only/Level 1 1 (ea) $ 1 (ea) $

2002 Signs, Flaggers, daytime 1 (ea) $ 1 (ea) $


operations/Level 2
2003 Signs, Flaggers, nighttime 1 (ea) $ 1 (ea) $
operations with temporary
lighting/Level 2
2004 Signs, Flaggers, Pilot Car, 1 (ea) $ 1 (ea) $
daytime operations/Level 3
2005 Signs, Flaggers, Pilot Car, 1 (ea) $ 1 (ea) $
nighttime operations with
temporary lighting/Level 3,
2006 Reader (Message) Board, 1 (ea) $ 1 (ea) $
Electronic (Per Day)
Subtotal N/A $ N/A $

Grand N/A N/A N/A $


Total

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION B
SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS

Option Year 3, 20 June 2026 – 19 June 2027

CLIN Service or Product Quantity Per Hourly Rate Quantity Per Hour Overtime Hourly
Hour Rate

3001 Posting signs only/Level 1 1 (ea) $ 1 (ea) $

3002 Signs, Flaggers, daytime 1 (ea) $ 1 (ea) $


operations/Level 2
3003 Signs, Flaggers, nighttime 1 (ea) $ 1 (ea) $
operations with temporary
lighting/Level 2
3004 Signs, Flaggers, Pilot Car, 1 (ea) $ 1 (ea) $
daytime operations/Level 3
3005 Signs, Flaggers, Pilot Car, 1 (ea) $ 1 (ea) $
nighttime operations with
temporary lighting/Level 3,
3006 Reader (Message) Board, 1 (ea) $ 1 (ea) $
Electronic (Per Day)
Subtotal N/A $ N/A $

Grand N/A N/A N/A $


Total

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION B
SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS

Option Year 4, 20 June 2027 – 19 June 2028

CLIN Service or Product Quantity Per Hourly Rate Quantity Per Hour Overtime Hourly
Hour Rate

4001 Posting signs only/Level 1 1 (ea) $ 1 (ea) $

4002 Signs, Flaggers, daytime 1 (ea) $ 1 (ea) $


operations/Level 2
4003 Signs, Flaggers, nighttime 1 (ea) $ 1 (ea) $
operations with temporary
lighting/Level 2
4004 Signs, Flaggers, Pilot Car, 1 (ea) $ 1 (ea) $
daytime operations/Level 3
4005 Signs, Flaggers, Pilot Car, 1 (ea) $ 1 (ea) $
nighttime operations with
temporary lighting/Level 3,
4006 Reader (Message) Board, 1 (ea) $ 1 (ea) $
Electronic (Per Day)
Subtotal N/A $ N/A $

Grand N/A N/A N/A $


Total

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION B
SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS

B.2 BACKGROUND

(a) Established in 1905, the U.S. Department of Agriculture (USDA) Forest Service (FS) is a Federal Agency that
manages public lands in national forests and grasslands under a founding principle, "To provide the greatest amount of
good for the greatest amount of people in the long run". The agency’s mission is to “sustain the health, diversity, and
productivity of the Nation’s forests and grasslands to meet the needs of present and future generations”. The FS has the
responsibility for stewardship of more than 193 million acres of the nation’s forests and grasslands; for developing and
communicating scientific knowledge through research and Support that leads to informed natural resource decision-
making; for delivering technical assistance through state and private forestry programs; and for sharing knowledge and
experience with others in the global community through international forestry.

(b) Through technical and financial assistance, the USDA Forest Service assists States and private landowners in
practicing good stewardship, promoting rural economic development, and improving the natural environment of cities
and communities. The agency continues to develop and use the best available scientific information to facilitate
achievement of our goals and objectives. Domestic and international activities are directed at developing values,
products, and services in such a way as to maintain ecosystem health.

(c) The Oregon Department of Transportation requires the U.S. Forest Service to post warning signs and/or provide
flaggers/pilot cars whenever smoke can be seen from highways or smoke obstructs motorist's visibility when driving on
Oregon State Highways. The work is generally intermittent and of short duration. IAW Oregon Occupational Safety and
Health (OSHA), located at https://osha.oregon.gov/Pages/topics/flagging.aspx, “Flagging, and flaggers, are typically
used when one lane of a road is closed and traffic must share the remaining lane. Flagging operations must accommodate
all vehicles on the road, including non-motorized vehicles. Flaggers, who have completed formal training and have
certification in Oregon, Washington, Idaho, or Montana, may practice as a certified flagger in Oregon. Flaggers must
also be at least 18.”

(d) There is long history of contracting for staffing augmentation as a means of supporting additional workload
requirements, and to mitigate temporary position vacancies. This Indefinite-Quantity, Indefinite-Quantity (IDIQ)
contract is established to provide a more streamlined and consistent approach to meet requirements for contracted
staffing positions applicable to the requirements of the Service Contract Labor Standards.

B.3 SCOPE

a) This Non-Personal Service Indefinite Delivery, Indefinite Quantity (IDIQ) contract is for Flagging/Pilot Car services
in support of prescribed burning efforts on the Deschutes and Ochoco National Forests. The Oregon Department of
Transportation requires the U.S. Forest Service to post warning signs and/or provide flaggers/pilot cars whenever smoke
can be seen from highways or obstructs motorist's visibility when driving on Oregon State Highways. The work is
generally intermittent and of short duration. We are contracting for three (3) levels of service, plus Electronic Reader
(Message) Boards for a total of 6 Contract Line Items (CLIN) per year. Hourly rates will include all costs for each stand-
alone job, which entails flagging services required to secure a given site; flagging/signs at each end of the site and all
support therein. There may be multiple sites along the same highway, and these will be viewed as separate jobs.

(b) Services. Deschutes and Ochoco National Forest have had an ongoing Prescribed Fire flagging support contract for
over a decade. The services provided are somewhat specialized when compared to normal flagging (e.g., road
construction) operations as they involve active fire operations, fluctuating smoke levels, and a need for experience in and
understanding of the operational fire environment. At the same time, response times can and often are quite short based
on the fluctuating nature of environmental conditions conducive for prescribed fire operations. While industry standards
suggest a 2-man flagging crew working an 8-hour shift Monday – Friday, services associated with this vehicle
historically have involved weekend work and shifts beyond 8-hours.

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION B
SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS

(c) The Contractor shall provide all labor, supplies, supervision, tools, materials, equipment, and transportation
necessary to provide Support Staffing Services in accordance with this Performance Work Statement (PWS). The
Contractor shall provide the following services as ordered by the Government:

(1) The work is generally intermittent and of short duration. three (3) levels of service, and an overtime rate for
each of these items, plus Electronic Reader (Message) Boards for a total of 6 CLINS.

(2) Hourly rates will include all costs for each stand-alone job, which entails flagging services required to secure a
given site; flagging/signs at each end of the site and all support therein. There may be multiple sites along the same
highway, and these will be viewed as separate jobs.

(3) The contract will be a single-award, Indefinite-Quantity, Indefinite-Quantity (IDIQ) contract. The
anticipated period of performance is 20 June 2023 through 19 June 2028. The IDIQ contract will consist of one, 12-
month base period, and four, 12-month option periods. The total performance period under this contract is five years.
The period of performance may be extended up to 6-months, 19 December 2028 if, FAR Clause 52-217-8, Option to
Extend Services is exercised.

(4) Location. This contract will be for the entire Deschutes and Ochoco National Forests and Crooked River National
Grassland. Flagging locations may include, but are not limited to, Highway 20, Highway 26, Highway 97, Highway
58, or any other roads on or adjacent to the Deschutes and Ochoco National Forests and Crooked River National
Grassland.

B.4 INSTALLATION DETAILS

(a) All signs shall meet the requirements of Manual of Uniform Traffic Control Devices, Oregon Supplement to the
MUTCD and the Oregon Temporary Traffic Control Handbook (OTTCH).

(b) All signs shall be a minimum 48" x 48" (Except hand-held "Slow/Stop").

(c) All signs shall be reflective.

(d) All signs set a minimum one (1) foot above roadway.

(e) Sign ballast material shall be sandbags filled with dirt or sand. Rocks or wood are not allowed as ballast.

(f) Level 2 and 3 signs require two (2) orange flags which are at least 16" square mounted above the sign. Flags
shall be mounted so that entire legend is visible.

(g) Sign spacing at 500' or as a minimum Advance Warning sign to be 1,500'.

(h) Pilot car to be a four-wheeled vehicle no smaller than a compact pickup and identified by a minimum 36" x 18"
"PILOT CAR- FOLLOW ME" sign and equipped with a yellow, rotating light(s) compliant with State standards
and regulations.

(i) Night operations require all traffic control devices to be reflective and flagger stations to be illuminated.

B.5 OTHER EQUIPMENT

(a) Flood light for each flagger (for hours of darkness).

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION B
SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS

(b) Reflectorized vests for flaggers.

(c) Radios for communication between flaggers.

(d) Radio for communication with prescribed fire Burn Boss. This radio must be capable of communicating within a
minimum frequency range of 138 MHz to 174 MHz in the narrowband (12.5 kHz) mode on established Federal and state
frequencies. Modified radios are not acceptable. Only radios listed on the National Interagency Fire Center's National
Interagency Incident Communications Divisions' website https://www.nifc.gov/resources/NIICD/niicd-documents. The
contractor shall be capable of programming incident frequencies into their radios. Contractor must comply with all
National telecommunications and Information Administration (NTIA) rules and regulations on all Federal Agency
incidents and with all Federal Communications Commission (FCC) rules and regulations on all State Agency incidents.
Contractor shall not use Government assigned frequencies for other than performance under this contract. Inquiries
should be directed to: Bill Forsyth Phone: (208) 387-5720 (Local) email: bill.forsyth@usda.gov

(e) Rotating warning light(s) on Pilot Vehicle.

(f) Two (2) each per job- 48" x 48" orange signs with "CONTROLLED BURN AHEAD" (Informational - This
sign is not a substitute for "ROAD WORK AHEAD").

B.6 OTHER REQUIREMENTS

(a) Flaggers and Pilot Vehicle drivers must be trained and certified by the Oregon State Department of
Transportation.

(b) The required signs must be set at established spacing depending upon highway speeds. (MUTCD specified)

(c) If operating equipment in one lane such as Engines, cones will be needed to delineate the lane to be used by
traffic.

B.7 TECHNICAL REQUIREMENTS

(a) The Contractor shall furnish all equipment, transportation, labor, operating supplies, supervision, fuel, and
maintenance for equipment necessary to perform the work described. All of these costs must be figured into your hourly
rate.

(b) The Contractor shall maintain all signs and equipment utilized on site for the duration of the job and will promptly
remove signs and equipment from the highway when no longer required.

(c) Work shall be performed as directed by the Contracting Officer, in a written task or verbal order which will be
memorialized in writing.

(d) The Contractor shall provide only Flaggers who are certified and possess an Oregon State Flagger Card or one from
a state that is a party to the interstate reciprocity agreement of the State of Oregon. Copies of the certificates will be
required for all employees working under this contract.

B.8 CONTRACTOR FURNISHED PROPERTY

Contractor shall provide:

(a) Signs: "SLOW", "CONTROLLED BURN AHEAD" or "PRESCRIBED BURN AHEAD" or "SMOKE
AHEAD", "FLAGGER AHEAD", "BE PREPARED TO STOP". These signs shall meet the requirements of the
Manual of Uniform Traffic Control Devices (MUTCD), for size and reflectivity, height from ground, ballasting,
attached flagging, spacing, night illumination, and distance preceding hazard.
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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION B
SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS

(b) Contractor shall also furnish "STOP" and combination "STOP/SLOW" signs conforming to the Manual of
Uniform Traffic Control Devices.

(c) It shall be the responsibility of the Contractor to conform to all Oregon State Department of Transportation
regulations governing signage, flagging, and pilot car operations, as current for the period of performance.

B.9 LANDSCAPE PRESERVATION

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.
(a) Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy trees,
shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by
the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within
the areas designated in contract documents.

(b) 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, calcium chloride, silt, or other
harmful materials. Mechanical equipment shall not be operated in live streams without written approval of the
Contracting Officer.

B.10 FINAL CLEANUP

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

B.11 GOVERNMENT RESPONSIBILITIES

The Government shall:

(a) Attempt to give the Contractor at least 3 calendar days’ notice prior to start of required
service. However, there may be instances where the Government cannot meet this time frame.

(b) Negotiate an agreed-upon length of time for completion of work for each order.

(c) Provide records that reflect the status of the required service to the Contractors.

B.12 POST AWARD CONFERENCE

A post award conference with the successful quoter is required. It will be scheduled within 5 days post award. The
conference will be held through Microsoft TEAMS.

B.13 INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE CONTRACT

USDA Forest Service warranted Contracting Officers supporting Region 6 are the only officials authorized to place orders
under this contract.

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SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS

B.14 INSPECTION AND ACCEPTANCE

The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies
and/or services to be provided under this contract.

B.15 NOTICE OF CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) The US Forest Service has implemented the Contractor Performance Assessment Reporting System (CPARS) for
reporting all past performance information. One or more past performance evaluations will be conducted in order to
record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based
system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is
available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past
performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email
address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no
later than 30 days after award. Each person granted access will have the ability to provide comments in the
Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning
the report to the Assessing Official. The report information must be protected as source selection sensitive
information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they
will receive an automatically-generated email with detailed login instructions. Further details, systems
requirements, and training information for CPARS are available at http://www.cpars.csd.disa.mil/. The CPARS
User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be
found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final
past performance evaluation and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor
Representatives may then provide comments in response to the evaluation, or return the evaluation without
comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective
facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the
assessed performance. In addition to the ratings and supporting narratives, blocks 1 – 17 should be reviewed for
accuracy, as these include key fields that will be used by the Government to identify your firm in future source
selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating
“No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22,
you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the
CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was
delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to
this assessment.” Your response is due within 60 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transmit the evaluation by
completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit
the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to
persons or entities outside of your control.

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(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys,
responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting
Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via
telephone or other means during your 60-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for
Government use supporting source selection actions after it has been finalized.

B.16 MEASUREMENT AND PAYMENT

(a)Method of Measurement.

All work performed shall be contingent on the issuance of a written Task Order and payment will be based on the
terms of the contract and the Task Order under this contract.

(b) Payment Procedures

Invoices shall be submitted via the Internet Payment Platform (IPP) IPP.Gov. Payment for services and deliverables
shall be made under this contract upon acceptance of the work required in accordance with SECTION B
SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS.

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CONTRACT TERMS AND CONDITIONS
C.1 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIALS
SERVICES. FAR 52.212-4 (DEVIATION 2017-1) (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements
of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for
acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of
nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the
defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for
acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in
the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of
this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance
with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the
Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this
contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the
parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract
to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this
contract shall be a dispute to be resolved in accordance with the clause at
Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor
shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the
contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence
beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public
enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay,
setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and
shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the
address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

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(v) Shipping number and date of shipment, including the bill of lading number and

(vi) weight of shipment if shipped on Government bill of lading;

(vii) Terms of any discount for prompt payment offered;

(viii) Name and address of official to whom payment is to be sent;

(ix) Name, title, and phone number of person to notify in event of defective invoice; and

(x) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required
elsewhere in this contract.

(xi) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in
this contract.

(B) If EFT banking information is not required to be on the invoice, in order for
the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in
accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by
Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds
Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to
pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of
Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against
liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any
United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the
Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to
the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31
U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the
appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date
of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on
the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is
made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or
that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-
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(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the
overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors,
date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple
interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the
interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to
the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate
applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii)The Government may issue a demand for payment to the Contractor upon finding a debt is due under the
contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or
amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the
timeline specified in the demand for payment unless the amounts were not repaid because the Contractor
has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the
Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final
decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting
from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the
due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

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(B) The date of issuance of a Government check to the Contractor from which an amount otherwise
payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have
become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR
32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to
the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.
destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any
part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work
hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms
of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work
performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of
the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not
be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does
not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work
performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any
default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide
the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the
Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor
shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the
Government improperly terminated this contract for default, such termination shall be deemed a termination for
convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to
the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use
for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the
Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders,
rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31
U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431
relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter
87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly
American; and 41 U.S.C. chapter 21 relating

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to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in
the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to
Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract
is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or
agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity
for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C.
1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such
clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS,
or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable
mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any
Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly
authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed
electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

Addenda to 52.212-4:

C.2 ADDENDUM TO FAR. FAR 52.212-4(G) INVOICES

Invoices in support of the US Forest Service shall be submitted to the following:


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The Contractor must follow the instructions on how to register and submit invoices via the Department of
Treasury’s Internet Payment Platform (IPP) as prescribed in the previous communications from USDA and
Treasury. All invoices are to be submitted via the electronic invoice processing platform. This is a
mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at
this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at
https://www.ipp.gov/vendors/enrollmentvendors.htm to establish your account.

C.3 CONTRACT CLAUSES INCORPORATED BY REFERENCES. FAR 52.252-2 (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: Policies & Regulations | USDA

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun 2020)


52.204-13 System for Award Management Maintenance (OCT 2018)
52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)
52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)
52.216-22 Indefinite Quantity (Oct 1995)
52.222-3 Convict Labor (June 2003)
52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation (May 2018)
52.222-35 Equal Opportunity for Veterans (Jun 2020)
52.232-39 Protest after Award (Aug 1996)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)
52.233-3
52.242-17 Government Delay of Work (APR 1984)

C.4 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE


ORDERS COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. FAR 52.212-5 (MAR 2023)
(DEVIATION 2017-1)

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

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

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

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

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

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(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. 3805 note)).

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

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV
2021) ( 41 U.S.C. 4704 and 10 U.S.C. 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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-
282) ( 31 U.S.C. 6101 note).

☐ (5) [Reserved].

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

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

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

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

☐ (10) [Reserved].

☐ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

☐ (12) 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).

☐ (13) [Reserved]

☒ (14)

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

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☐ (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 2022) ( 15 U.S.C. 637(d)(2) and (3)).

☐ (17)

(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) ( 15 U.S.C. 637(d)(4)).

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

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

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

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

☒ (18)

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

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

☐ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

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

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022)
( 15 U.S.C. 657f).

☒ (22)

(i) 52.219-28, Post Award Small Business Program Representation (MAT 2023)( 15 U.S.C. 632(a)(2)).

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

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned
Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns
Eligible Under the Women-Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)).

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

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☐ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.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 (DEC 2022) (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 (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

☐ (36) 52.222-54, Employment Eligibility Verification (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.)

☐ (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.)

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CONTRACT TERMS AND CONDITIONS
☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun
2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN
2016) (E.O. 13693).

☐ (40)

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

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

☐ (41)

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

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

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

☐ (43)

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

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

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

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

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

☐ (47)

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

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

☐ (48)

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

☐ (ii) Alternate I (OCT 2022) of 52.225-1.

☐ (49)

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SECTION C
CONTRACT TERMS AND CONDITIONS
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) ( 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 (JAN 2021) of 52.225-3.

☐ (v) Alternate IV (Oct 2022) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (DEC 2022) ( 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. Subtitle A, Part V, Subpart G
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 (Nov2007) ( 42 U.S.C. 5150).

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

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV
2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV
2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

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


Management (OCT2018) ( 31 U.S.C. 3332).

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

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

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

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

☐ (63)

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

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SECTION C
CONTRACT TERMS AND CONDITIONS
☐ (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:

☒ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

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:

Davis-Bacon Act WD # OR20230001

$ 30.38 per hour (Sam.gov)

☒ (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).

☒ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year
and Option Contracts) (AUG 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

☒ (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.

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

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

(e)

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

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

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

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

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

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all
subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business
concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the
subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

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

(xiii)

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

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

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

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

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

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

(xix)

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

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

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

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

(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.
3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiii) 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.

(End of clause

C.5 ORDERING (FAR 52.216-18) (AUG 2020) (TAILORED)

When services are needed by the Forest Service the ordering will be done by any Forest Service Warranted Contracting
Officer (CO). The COR will call the vendor and request a quote and availability for a “job” then a warranted CO may give a
verbal authorization which will be followed up with a written Task Order.

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or
task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 20 June 2023
through 19 June 2028, 19 December 2028 if FAR Clause 52-217-8 is exercised.

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CONTRACT TERMS AND CONDITIONS
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict
between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the
order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is
sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

C.6 ORDER LIMITATIONS (FAR 52.216-19) (OCT 1995)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders which contain
minimum guarantee however, not in excess of $215,474.30 in aggregate for all awards,

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less
than $500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or
services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $10,000.00.

(2) Any order for a combination of items in excess of $25,000.00 in any seven-day period.

(c) The Government is not required to order a part of any one requirement from the Contractor if that requirement
exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum
order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office and the Contacting
Office identified on Block 9 of the SF 1449 within 3 days after issuance, with written notice stating the Contractor’s
intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire
the supplies or services from another source.

C.7 INDEFINITE QUANTITY FAR 52-216-22 (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the
Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by
this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.
The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule
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up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the
quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the
number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or
performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed
by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s
rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s
effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 19
December 2028.
(End of clause)

C.8 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (52.216-32) (SEP 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order
Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-
order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for
consideration in the award of orders, consistent with the procedures in the contract.

Chief, Procurement and Policy Branch


Alfort Belin – Alfort.belin@usda.gov
707-562-9107

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the
Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the
concerned party or entity confidential, unless prohibited by law or agency procedure.

C.9 OPTION TO EXTEND SERVICES (FAR 52.217-8) (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the
contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of
Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not
exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10
Calendar Days.
(End of clause)

C.10 OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9) (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor at least 20 calendar
days prior to expiration of the contract; provided that the Government gives the Contractor a preliminary written
notice of its intent to extend at least 30 calendar 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.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66
months.

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SECTION C
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C.11 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FAR 52.219-28) (MAR 2023)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not
include contracts that exceed five years in duration because the period of performance has been extended for a cumulative
period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—


(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field
of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in
paragraph (d) of this clause.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or
has the power to control the others, or a third party or parties control or have the power to control the others. In
determining whether affiliation exists, consideration is given to all appropriate factors including common
ownership, common management, and contractual relationships. SBA determines affiliation based on the
factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to
award of this contract, the Contractor shall represent its size and socioeconomic status according to paragraph (f) of
this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract
to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after
modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this
clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor rerepresented that it was any of the small business concerns identified in 19.000(a)(3) prior to
award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f)
of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an
order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this
rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned
to this contract. The small business size standard corresponding to this NAICS code(s) can be found
at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or
produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees
for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the
price evaluation preference; or

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(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or
women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by
paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and
Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to
ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in
writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph
(c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the
Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in
SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following
rerepresentation and submit it to the contracting office, along with the contract number and the date on which the
rerepresentation was completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code _____ assigned
to contract number _____.

(2) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this
clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13
CFR 124.1002.

(3) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this
clause. ] The Contractor represents that it □ is, □ is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor
represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR
127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the
joint venture: __.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor
represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR
127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the
joint venture: __ .]

(6) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this
clause. ] The Contractor represents that it □ is, □ is not a veteran-owned small business concern.

(7) [ Complete only if the Contractor represented itself as a veteran-owned small business concern in
paragraph (h)(6) of this clause.] The Contractor represents that it □ is, □ is not a service-disabled veteran-
owned small business concern.

(8) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this
clause. ] The Contractor represents that—

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List
of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no
material changes in ownership and control, principal office, or HUBZone employee percentage have
occurred since it was certified in accordance with 13 CFR part 126; and

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Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION C
CONTRACT TERMS AND CONDITIONS
(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and
the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business
concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of
the HUBZone small business concerns participating in the HUBZone joint venture:
_____.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a
separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.____________________________]

(End of clause)

Alternate I (MAR 2020). As prescribed in 19.309(c)(2), substitute the following paragraph (h)(1) for paragraph (h)(1)
of the basic clause:

(h)(1) The Contractor represents its small business size status for each one of the NAICS codes assigned to this contract.

NAICS Code Small business concern (yes/no)

C.12 AUTHORIZED DEVIATIONS IN CLAUSES. FAR 52.252-6 (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
deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

C.13 MODIFICATION FOR CONTRACT CLOSEOUT. AGAR 452.204-70 (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.

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION D
EXHIBITS AND ATTACHMENTS

D.1 EXHIBITS AND ATTACHMENTS

The attachments listed below form a part of this Request for Quotations and any resultant contract:

(a) Attachment 1: Levels of Service Chart


(b) Attachment 2: Fire Protection and Suppression
(c) Attachment 3 : Fire Precautionary Measure 2 – Communications
(d) Attachment 4:) Davis-Bacon Act WD # OR20230001

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
E.1 GENERAL INFORMATION

(a) The services of this Request for Quote (RFQ) are being acquired under the authority of Federal Acquisition
Regulations (FAR), Part 12, Acquisition of Commercial Items and FAR Part 13 under the authority of FAR
Subpart 13.5.

(b) If you wish to compete for the contract described in Sections A through D of this RFQ, you must submit a
quote that includes a signed and dated quote and other requested information as specified in E.4
INSTRUCTIONS TO OFFERORS, by the time and date shown on the SF1449.

E.2 SIZE STANDARD AND NAICS CODE INFORMATION

The North American Industrial Classification System Code(s) and business size standard(s) describing the products
and/or services to be acquired under this solicitation are listed below:

Contract line item(s): ALL


NAICS Code: 561990, All Other Support Service
Size Standard: $16.5M

E.3 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR 52.252-1) (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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS

52.204-7 System for Award Management (OCT 2018)


52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)
52.204-17 Ownership or Control of Offeror (Aug 2020)
52.204-20 Predecessor of Offeror (Aug 2020)
52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)
52.222-22 Previous Contracts and Compliance Reports (FEB 1999)
52.222-25 Affirmative Action Compliance (Apr 1984)

E.4 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (FAR 52.212-1) (MAR 2023)(TAILORED)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS
code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However,
the small business size standard for a concern that submits an offer, other than on a construction or service
acquisition, but proposes to furnish an end item that it did not itself manufacture, process, produce is 500
employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if
the acquisition—

(1)Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the
price evaluation preference; or

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Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or


women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated quotes to the office specified in this solicitation at or before
the exact time specified in this solicitation. Quotes submitted in response to this solicitation shall include a
technical quote, a price quote, and contractor representations and certifications. Quoters must have an active
entity registration in the System for Award Management (www.sam.gov) in order to submit an quote. Submit
signed and dated quotes to Dr. Jerome Watkins, Email Jerome.watkinsjr@usda.gov. Quotes may be submitted
on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must
show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the
requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms; IAW Schedule of Items, section B.1 SCHEDULE OF ITEMS, completed
with proposed prices inserted

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR)
52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete
electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant
contracts for the same or similar items and other references (including contract numbers, points of contact
with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement
with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required
representations or information, or reject the terms and conditions of the solicitation may be excluded from
consideration.

(12) Technical Acceptability – Must provide documentation demonstrating experience. As a minimum,


offers must show—

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
i) Must provide documentation showing experience within the past five years performing
Flagging-Pilot Car (Traffic Control) support services at a National Forest or State Forest in
support of prescribed fire or wildland fire related traffic control.

ii) Must have completed formal flagging training and have certification in Oregon,
Washington, Idaho, or Montana; and demonstrate the ability to perform flagging services in the
state of Oregon.

iii) Quote must demonstrate a clear understanding of Section B Schedule of


Items/Descriptions/Specifications.

13) Past Performance - As a minimum, offers must show—

i) Must provide documentation showing performance within the past five years performing
Flagging-Pilot Car (Traffic Control) support services at a National Forest or State Forest in
support of prescribed fire or wildland fire related traffic control.

ii) During the evaluation of past performance, the Government reserves the right to give
greater consideration to information on those contracts deemed most relevant to the effort
described in this RFQ.

ii) Quoters without relevant past or present performance history, or whose performance
record is so limited that an adjectival rating cannot be reasonably assigned shall receive the rating
“Neutral," meaning the quoter is treated neither favorably nor unfavorably.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days
from the date specified for receipt of offers, unless another time period is specified in an addendum to the
solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the
time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be
submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are
destroyed during pre-award testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and
conditions, including alternative line items (provided that the alternative line items are consistent with FAR
subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this
solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for
submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office
designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation,
the time for receipt is 12:00 p.m., (CST- San Antonio local time), for the designated Government office on the
date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office
designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be
considered unless it is received before award is made, the Contracting Officer determines that accepting the
late offer would not unduly delay the acquisition; and-

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was
received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one
working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation
designated for receipt of offers and was under the Government’s control prior to the time set for receipt
of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more
favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the
time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained
by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be
received at the Government office designated for receipt of offers by the exact time specified in the
solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of
an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to
the same time of day specified in the solicitation on the first work day on which normal Government
processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of
offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes
facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for
receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer
may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for
receipt of offers, the identity of the person requesting withdrawal is established and the person signs a
receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award
a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s
best terms from a price and technical standpoint. However, the Government reserves the right to conduct
discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or
all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and
minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror
qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be
submitted for quantities less than those specified. The Government reserves the right to make an award on any
item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise
in the offer.

(i) Availability of requirements documents cited in the solicitation.

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
(1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part
101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation
may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section
Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile
(202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans


Affairs issued this solicitation, a single copy of specifications, standards, and commercial item
descriptions cited in this solicitation may be obtained free of charge by submitting a request to the
addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST
websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock
Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA
19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their
preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or
below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for
Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page
of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the
Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if
applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at
the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see
FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact
the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The
Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at
www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the
following information, if applicable:

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and
past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source
selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the
successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-
selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities
were followed by the agency.

E.5 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. FAR 52.212-2 (NOV
2021)(TAILORED)

(a) The Government will award a contract resulting from this solicitation to the responsible quoter
whose offer conforming to the solicitation will be most advantageous to the Government, price and other
factors considered. Technical and past performance, when combined, are significantly more important than
price. The following factors shall be used to evaluate offers:

1) Technical Acceptability: To be considered technically Acceptable the contractor must meet


the following:

i) Must provide documentation showing experience within the past five years performing
Flagging-Pilot Car (Traffic Control) support services at a National Forest or State Forest in
support of prescribed fire or wildland fire related traffic control.

ii) Must have completed formal flagging training and have certification in Oregon,
Washington, Idaho, or Montana; and demonstrate the ability to perform flagging services in the
state of Oregon.

2) Past Performance:

i) During the evaluation of past performance, the Government reserves the right to give
greater consideration to information on those contracts deemed most relevant to the effort
described in this RFQ.

ii) Quoters without relevant past or present performance history, or whose performance
record is so limited that an adjectival rating cannot be reasonably assigned shall receive the rating
“Neutral," meaning the quoter is treated neither favorably nor unfavorably.

3) Evaluated Price

The Government will evaluate the estimated price in accordance with the following:

To evaluate offers for award purposes, the Government will apply the offeror's proposed fixed prices/rates to the
estimated quantities included in the solicitation and will add other direct costs if applicable.
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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS

(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. The Government may determine that an offer is
unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the
Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the
successful offeror within the time for acceptance specified in the offer, shall result in a binding contract
without further action by either party. Before the offer’s specified expiration time, the Government may
accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written
notice of withdrawal is received before award.

E.6 EVALUATION OF OPTIONS (JULY 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best
interests, the Government will evaluate offers for award purposes by adding the total price for all options to
the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise
the option(s).

(End of provision)

E.7 AUTHORIZED DEVIATIONS IN PROVISIONS. FAR 52.252-5 (NOV2020)

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

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR
Chapter 4) provision with an authorized deviation is indicated by the addition of
"(DEVIATION)" after the name of the regulation.

E.8 TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. FAR 52.204-24


(NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented
that it "does not provide covered telecommunications equipment or services as a part of its offered products or services
to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph
(c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in
paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or
Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the
Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment,
system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at
52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—


Backhaul, covered telecommunications equipment or services, critical technology, interconnection
arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings
provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13,
2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any

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Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
equipment, system, or service that uses covered telecommunications equipment or services as a substantial
or essential component of any system, or as critical technology as part of any system. Nothing in the
prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a
service that connects to the facilities of a third-party, such as backhaul, roaming, or
interconnection arrangements; or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from
entering into a contract or extending or renewing a contract with an entity that uses any equipment,
system, or service that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system. This prohibition
applies to the use of covered telecommunications equipment or services, regardless of whether that use
is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a
service that connects to the facilities of a third-party, such as backhaul, roaming, or
interconnection arrangements; or

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

(3) Procedures. The Offeror shall review the list of excluded parties in the System for Award
Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for
"covered telecommunications equipment or services".

(4) Representation. The Offeror represents that—

(i) It will, will not provide covered telecommunications equipment or services to the Government in
the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section
if the Offeror responds "will" in paragraph (d)(1) of this section; and

(ii) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It does, does not use covered telecommunications equipment or services, or use any equipment,
system, or service that uses covered telecommunications equipment or services. The Offeror shall provide
the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds
"does" in paragraph (d)(2) of this section.

(2) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded
"will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following
information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name,
unique entity identifier, CAGE code, and whether the entity was the original equipment
manufacturer (OEM) or a distributor, if known);
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SECTION E
SOLICITATION PROVISIONS

(B) A description of all covered telecommunications equipment offered (include brand; model
number, such as OEM number, manufacturer part number, or wholesaler number; and item
description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment


and any factors relevant to determining if such use would be permissible under the
prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered


telecommunications services offered (include on the item being maintained: Brand; model number,
such as OEM number, manufacturer part number, or wholesaler number; and item description, as
applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being
provided; and explanation of the proposed use of covered telecommunications services and any
factors relevant to determining if such use would be permissible under the prohibition in paragraph
(b)(1) of this provision.

(6) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the
representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the
offer:

(i) For covered equipment—


(A) The entity that produced the covered telecommunications equipment (include entity name,
unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if
known);

(B) A description of all covered telecommunications equipment offered (include brand; model
number, such as OEM number, manufacturer part number, or wholesaler number; and item
description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any
factors relevant to determining if such use would be permissible under the prohibition in paragraph
(b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered


telecommunications services offered (include on the item being maintained: Brand; model number,
such as OEM number, manufacturer part number, or wholesaler number; and item description, as
applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and
explanation of the proposed use of covered telecommunications services and any factors relevant
to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this
provision.

E.9 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL PRODUCTS AND


COMMERCIAL SERVICES. FAR 52.212-3 (DEC 2022) (DEVIATION CD 2023-O0002 REV 1)

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Solicitation No. 12048923Q0027 U.S. Forest Service
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SECTION E
SOLICITATION PROVISIONS
If Quoter Representations and Certifications are not complete in SAM the quoter shall submit a completed
copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and
Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/. If
Quoter Representations and Certifications are complete in SAM, the quoter shall complete the following:

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual
representations and certification electronically in the System for Award Management (SAM) accessed through
https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically,
the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision--

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25,
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business
concern that is at least 51 percent directly and unconditionally owned by, and the management and daily
business operations of which are controlled by, one or more women who are citizens of the United States
and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as
a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance
and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be
accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or
controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of
the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of
control include, but are not limited to, one or more of the following: Ownership or interlocking management,
identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted
domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made
or processed from raw materials into the finished product that is to be provided to the Government. If a product is
disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities,
mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are
defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations
do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability
and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern
Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the
Department of the Treasury, or are expressly exempted under Federal law from the requirement to be
conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or


humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be
used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not
have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or
more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-
disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the
spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is
service-connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the
field of operation in which it is bidding on Government contracts, and qualified as a small business under
the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly
controls or has the power to control the others, or a third party or parties control or have the power to
control the others. In determining whether affiliation exists, consideration is given to all appropriate factors
including common ownership, common management, and contractual relationships. SBA determines
affiliation based on the factors set forth at 13 CFR 121.103.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under
the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically
disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after
taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR
124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of
the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new
offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of
the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is
owned by one or more veterans; and

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR
part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and
the management and daily business operations of which are controlled by, one or more women who are citizens of
the United States.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned
business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph
(b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM
accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by
submission of this offer that the representations and certifications currently posted electronically at FAR
52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in
the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the
business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer
is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has
completed for the purposes of this solicitation only, if any. These amended representation(s) and/or
certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of
this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in
an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be
performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it is, is not a small business
concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it is, is not a
veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as
a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its
offer that it is, is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.] The offeror represents that it is, is not, a small disadvantaged
business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.] The offeror represents that it is, is not a women-owned small
business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a
women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
(i) It is, is not a WOSB concern eligible under the WOSB Program, has provided all the
required documents to the WOSB Repository, and no change in circumstances or adverse decisions have
been issued that affects its eligibility; and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the
representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the
WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB
concern eligible under the WOSB Program and other small businesses that are participating in the joint
venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint
venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the
offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The
offeror represents that—

(i) It is, is not an EDWOSB concern, has provided all the required documents to the WOSB
Repository, and no change in circumstances or adverse decisions have been issued that affects its
eligibility; and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the
representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating
in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small
businesses that are participating in the joint venture: _____________.] Each EDWOSB concern
participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition
threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a
women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this
provision.] The offeror represents that it is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may
identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror
or first-tier subcontractors) amount to more than 50 percent of the contract
price:___________________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, on
the List of Qualified HUBZone Small Business Concerns maintained by the Small Business
Administration, and no material changes in ownership and control, principal office, or HUBZone employee
percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR part
126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small
business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of
the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each
HUBZone small business concern participating in the HUBZone joint venture shall submit a separate
signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
(i) It has, has not, participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation; and

(ii) It has, has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It has developed and has on file, has not developed and does not have on file, at each
establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41
CFR parts 60-1 and 60-2), or

(ii) It has not previously had contracts subject to the written affirmative action programs
requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract
is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief
that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a
Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under
the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract,
the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to
provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror
to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy
American – Supplies, is included in this solicitation.)

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a
domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that
do not qualify as domestic end products.

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are
defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No.: Country of Origin:

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR
52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this
provision, is a domestic end product.

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end
product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement
country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation
entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other
than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as
defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End
Products) or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in
paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-
Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end
products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

Line Item No.: Country of Origin:

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part
25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at
FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the
basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Israeli end products as defined in the clause of this
solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':

Israeli End Products:

Line Item No.: Country of Origin:

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at
52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic
provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than
Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the
clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:

Line Item No.: Country of Origin:

[List as necessary]

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this
solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this
provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation
entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.

Other End Products

Line Item No.: Country of Origin:

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part
25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or
designated country end products without regard to the restrictions of the Buy American statute. The
Government will consider for award only offers of U.S.-made or designated country end products unless
the Contracting Officer determines that there are no offers for such products or that the offers for such
products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is
expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief,
that the offeror and/or any of its principals--

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
(1) Are, are not presently debarred, suspended, proposed for debarment, or declared ineligible for the
award of contracts by any Federal agency;

(2) Have, have not, within a three-year period preceding this offer, been convicted of or had a civil
judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal
or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax
laws, or receiving stolen property; and

(3) Are, are not presently indicted for, or otherwise criminally or civilly charged by a Government
entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) Have, have not, within a three-year period preceding this offer, been notified of any delinquent
Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability
is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge
to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the
tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced
collection action is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer
to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax
liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has
exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has
been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals
Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In
the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had
no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should
the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial
appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making
timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the
taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced
collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order
13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this
solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or
Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed End Product

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
Line Item No.: Country of Origin:

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of
this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

(i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined,
produced, or manufactured in the corresponding country as listed for that product.

(ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced,
or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good
faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any
such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware
of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of
manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of
the end products it expects to provide in response to this solicitation is predominantly—

(1) In the United States (Check this box if the total anticipated price of offered end products manufactured
in the United States exceeds the total anticipated price of offered end products manufactured outside the United
States); or

(2) Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification
by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its
subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if
paragraph (k)(1) or (k)(2) applies.]

(1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror
does does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than
Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt
subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market
prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work
under the contract will be the same as that used for these employees and equivalent employees servicing the
same equipment of commercial customers.

(2) Certain services as described in FAR 22.1003-4(d)(1). The offeror does does not certify that—

(i) The services under the contract are offered and sold regularly to non-Governmental customers,
and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public
in substantial quantities in the course of normal business operations;

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Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
(ii) The contract services will be furnished at prices that are, or are based on, established catalog or
market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small
portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized
basis, or less than 20 percent of available hours during the contract period if the contract period is less than
a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the
contract is the same as that used for these employees and equivalent employees servicing commercial
customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies—

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting
Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror
shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the
certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in
paragraph (k)(3)(i) of this clause.

(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to
provide this information to the SAM database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to
comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C.
6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the
offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment
reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to
verify the accuracy of the offeror’s TIN.

(3) Taxpayer Identification Number (TIN).

TIN:_____________________.

TIN has been applied for.

TIN is not required because:

Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income
effectively connected with the conduct of a trade or business in the United States and does not have an
office or place of business or a fiscal paying agent in the United States;

Offeror is an agency or instrumentality of a foreign government;

Offeror is an agency or instrumentality of the Federal Government;

(4) Type of organization.

Sole proprietorship;

Partnership;
54
Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
Corporate entity (not tax-exempt);

Corporate entity (tax-exempt);

Government entity (Federal, State, or local);

Foreign government;

International organization per 26 CFR 1.6049-4;

Other ____________________.

(5) Common parent.

Offeror is not owned or controlled by a common parent:

Name and TIN of common parent:

Name ____________________________________

TIN ______________________________________

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not
conduct any restricted business operations in Sudan.

(n) Prohibition on Contracting with Inverted Domestic Corporations—

(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for
contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless
the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(2) Representation. The offeror represents that—

(i) It is, is not an inverted domestic corporation; and

(ii) It is, is not a subsidiary of an inverted domestic corporation.

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.

(1) The offeror shall email questions concerning sensitive technology to the Department of State at
CISADA106@state.gov.

(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in
paragraph (o)(3) of this provision, by submission of its offer, the offeror—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive
technology to the government of Iran or any entities or individuals owned or controlled by, or acting on
behalf or at the direction of, the government of Iran;

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any
activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly
engage in any transaction that exceeds $3,500 with Iran’s Revolutionary Guard Corps or any of its officials,

55
Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
agents, or affiliates, the property and interests in property of which are blocked pursuant to the International
Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals
and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-
List/Pages/default.aspx).

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if—

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable
agency provision); and

(ii)The offeror has certified that all the offered products to be supplied are designated country end products.

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or
a requirement to have a unique entity identifier in the solicitation.

(1) The Offeror represents that it has or does not have an immediate owner. If the Offeror has more than
one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable,
paragraph (3) of this provision for each participant in the joint venture.

(2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name:


(Do not use a “doing business as” name)

Is the immediate owner owned or controlled by another entity: Yes or No.

(3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner is
owned or controlled by another entity, then enter the following information:

Highest level owner CAGE code:

Highest level owner legal name:


(Do not use a “doing business as” name)

(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal
Law.

(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the
Government will not enter into a contract with any corporation that—

(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding
agency is aware of the unpaid tax liability, unless and agency has considered suspension or debarment of
the corporation and made a determination that suspension or debarment is not necessary to protect the
interests of the Government; or

(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless an agency has considered suspension
or debarment of the corporation and made a determination that this action is not necessary to protect the
interests of the Government.
56
Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
(2) The Offeror represents that--

(i) It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for
which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax
liability; and

(ii) It is is not a corporation that was convicted of a felony criminal violation under a Federal
law within the preceding 24 months.

(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and
Government Entity Code Reporting.)

(1) The Offeror represents that it is or is not a successor to a predecessor that held a Federal contract or
grant within the last three years.

(2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following information for all
predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in
reverse chronological order):

Predecessor CAGE code __________(or mark “Unknown).

Predecessor legal name: _________________________.


ton(Do not use a “doing business as” name).
(s) Reserved.

(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require
offerors to register in SAM (52.212-1(k)).

(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in
the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal
contract awards in the prior Federal fiscal year.

(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].

(i) The Offeror (itself or through its immediate owner or highest-level owner) does, does not
publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the
results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly
available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(ii) The Offeror (itself or through its immediate owner or highest-level owner) does, does not
publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly
accessible Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or
percentage.

(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party
greenhouse gas emissions reporting program.

(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror
shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are
reported:_____.

(u)(1) In accordance with 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
57
Solicitation No. 12048923Q0027 U.S. Forest Service
Flagging-Pilot Car Support Services (Traffic Control) National Office

SECTION E
SOLICITATION PROVISIONS
extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made
available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report
waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such
employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law
enforcement representative of a Federal department or agency authorized to receive such information.
(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to
Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented
Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the
nondisclosure of classified information.

(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or
subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise
restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of
a Government contract to a designated investigative or law enforcement representative of a Federal department or agency
authorized to receive such information (e.g., agency Office of the Inspector General).

(v)(1) The Offeror shall review the list of excluded parties in the System for Award Management (SAM)
(https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment
or services”.

(2) The Offeror represents that it does, does not provide covered telecommunications equipment or services as a
part of its offered products or services to the Government in the performance of any contract, subcontract, or other
contractual instrument.

58
Attachment 1 - Levels of Service

Level of Service for Flagging/Pilot Vehicle

LEVEL I LEVEL 2 LEVEL 3


Smoke and/or flame clearly visible from the Smoke limits visibility on Highway, but no Smoke limits visibility on Highway to less
Highway, but visibility is not impaired by less than a combination of 600 feet than 600 feet sight/stopping distance, OR
smoke. sight/stopping distance, OR there is project- project vehicles are impeding traffic flow
related traffic that impedes traffic flow. OR blocking one lane of traffic.
There is an occasional project-related vehicle
traffic, but not stopping or impeding traffic Nighttime operations are being conducted Nighttime operations are being conducted
flow. adjacent to the Highway with people working adjacent to the Highway with people working
and /or vehicles parked on the shoulder of the and/or vehicle(s) parked off the shoulders of
Highway. Smoke is clearly visible from the the Highway.
Highway.
Requirements: Requirements: Requirements:
“CONTROLLED BURN AHEAD” signs or “SLOW” signs “SLOW” signs
“PRESCRIBED BURN AHEAD” “CONTROLLED BURN AHEAD” or “CONTROLLED BURN AHEAD” or
“SLOW” signs, 500 feet apart prior to the first “SMOKE AHEAD” or “PRESCRIBED “SMOKE AHEAD” or “PRESCRIBED
visible indication of the project. BURN AHEAD” signs BURN AHEAD” signs “FLAGGER
“FLAGGER AHEAD” signs AHEAD” signs
“BE PREPARED TO STOP” signs “BE PREPARED TO STOP” signs

Flaggers with “SLOW/STOP” signs. Flaggers with “SLOW/STOP” signs.

Flaggers could be stopping or controlling Flaggers will be stopping or controlling traffic


traffic. If nighttime operation , temporary and only allowing vehicles to proceed when
lighting will be required to illuminate following the designated pilot vehicle. If
flaggers and work area. nighttime operation , temporary lighting will
be required to illuminate flaggers and work
are.

One Pilot Vehicle – leading traffic through the


hazardous area.
Bid Items 1 Bid Items 2, 3 Bid items 4, 5
Bid Item 6- Self-contained Electronic
Reader (Message) Board which meets
Oregon State traffic codes. 12 foot size,
same as those used by ODOT.
Attachment 2 - Fire Protection and Suppression

USDA FOREST SERVICE PACIFIC NORTHWEST REGION


FIRE PROTECTION AND SUPPRESSION

1. Fire Period and Closed Season

Specific fire prevention measures are listed below and shall be effective for the period April 1 to October 31 of each
year. The Forest Service may change the dates of said period by advance written notice if justified byunusual
weather or other conditions. Required tools and equipment shall be kept currently in serviceable condition and
immediately available for initial attack on fires.

2. Fire Plan

Before starting any operations on the project, the Contractor, Permittee, Licensee, or Purchaser, hereinafter referred
to as the "Contractor," shall prepare a fire plan in cooperation with the Contracting Officer providing for the
prevention and control of fires in the project area.

The Contractor shall certify compliance with fire protection and suppression requirements before beginning
operations during the fire period and closed season, and shall update such certification when operations change

3. Substitute Measures
The Contracting Officer may by written notice authorize substitute measures or equipment or may waive specific
requirements during periods of low fire danger.

4. Emergency Measures

The Forest Service may require emergency measures, including the necessary shutting down of equipment or
portions of operations in the project area during periods of fire emergency created by hazardous climatic conditions.

5. Fire Control

The Contractor shall, independently and in cooperation with the Forest Service, take all reasonable action to prevent
and suppress fires in the project area. Independent initial action shall be prompt and shall include the use of all
personnel and equipment available in the project area.

For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor's
operations, the Contractor shall place employees and equipment temporarily at the disposal of the Forest Service.
Any individual hired by the Forest Service will be employed in accordance with the Interagency Pay Plan for
Emergency Firefighters.

The Forest Service will compensate the Contractor for equipment rented at fire fighting equipment rates common in
the area, or at prior agreed to rates.

6. Compliance with State Forest Laws


Listing of specific fire precautionary measures herein is not intended to relieve the Contractor in any way from
compliance with the State Fire Laws covering fire prevention and suppression equipment, applicable to operations
under this contract, permit or license.

7. Fire Precautions

Specific fire precautionary measures are as follows:

a. Smoking and Open Fires


Smoking and fires shall be permitted only at the option of the Contractor. The Contractor shall not allow open fires
on the project area without advance permission in writing from Forest Service.
Unless restricted by State Law or Federal Regulation, smoking shall be permitted only in such portions of the project
area that are free of flammable material. Smokers shall sit down to smoke in such a position that any burning
Attachment 2 - Fire Protection and Suppression

material will fall within a cleared area, and shall extinguish and press out in mineral soil all burning material before
leaving the cleared area.

b. Fire Extinguishers and Equipment on Trucks, Tractors, etc.


All power-driven equipment operated by the Contractor on National Forest land, except portable fire pumps, shall be
equipped with one fire extinguisher having a UL rating of at least 5 BC, and one "D" handled or long handled round
point shovel, size "0" or larger. In addition, each motor patrol, truck and passenger-carrying vehicle shall be
equipped with a double-bit axe or Pulaski, 3-1/2 pounds or larger.
Equipment shall be kept in a serviceable condition and shall be readily available.

c. Power Saws
Each gasoline power saw operator shall be equipped with a pressurized chemical fire extinguisher of not less than 8-
ounce capacity by weight, and one long-handled round point shovel, size "0" or larger. The extinguisher shall be
kept in possession of the saw operator at all times. The shovel shall be accessible to the operator within 1 minute.

d. Extinguishers
One refill for each type or one extra extinguisher sufficient to replace each size extinguisher required on equipment
shall be safely stored in the fire tool box or other agreed upon place on the project area that is protected and readily
available.

e. Spark Arresters and Mufflers


Each internal combustion engine shall be equipped with a spark arrester meeting either
(1) USDA Forest Service Standard 5100-1a, or (2) appropriate Society of Automotive Engineers (SAE)
recommended practice J335(b) and J350(a) as now or hereafter amended unless it is:

(1) Equipped with a turbine-driven exhaust supercharger such as the turbocharger. There shall be no
exhaust bypass

(2) A passenger-carrying vehicle or light truck, or medium truck up to 40,000 GVW, used on roads
and equipped with a factory-designedmuffler complete with baffles and an exhaust system in good working
condition.

(3) A heavy duty truck, such as a dump or log truck, or other vehicleused for commercial hauling,
used only on roads and equipped with a factory designed muffler and with a vertical stack exhaust system extending
above the cab.
Exhaust equipment described in this subsection, including spark arresters and mufflers, shall be properly installed
and constantly maintained in serviceable condition.

f. Emergency Fire Precautions

The Contractor shall restrict operations in accordance with the Industrial Fire Precaution Levels listed below. The
Forest Service may change the Industrial Fire Precaution Levels to other values upon revision of the National Fire
Danger Rating System and may change the specific Industrial Fire Precaution Levels when such changes are
necessary for the protection of the National Forest. When sent to the Contractor, the revised Industrial Fire
Precaution Levels will supersede the attached levels

INDUSTRIAL FIRE PRECAUTIONS SCHEDULE

INDUSTRIAL FIRE PRECAUTION (IFPL)

LEVEL

I. Closed season - Fire precaution requirements are in effect. A fire watch/security is required at this and all
higher levels unless otherwise waived.

II. Partial hootowl - The following may operate only between the hours of 8 p.m. and 1 p.m., local time:
Attachment 2 - Fire Protection and Suppression

a. power saws, except at loading sites;

b. cable yarding;

c. blasting;

d. welding or cutting of metal.

III. Partial shutdown - The following shall be prohibited except as indicated:

Cable yarding - except that gravity operated logging systems employing non- motorized carriages may be
operated between the hours of 8 p.m. and 1 p.m., local time, when all block and moving lines, except the line
between the carriage and the chokers, are suspended 10 feet above the ground;

Power saws - except power saws may be used at loading sites and on tractor/skidder operations between the
hours of 8 p.m. and 1 p.m., local time.

In addition, the following are permitted between the hours of 8 p.m. and 1 p.m., local time:

a. tractor/skidder operations;

b. mechanized loading and hauling of any product or material;

c. blasting;

d. welding or cutting of metal;

e. any other spark-emitting operation not specifically mentioned.

IV. General shutdown - All operations are prohibited.

The following definitions shall apply to these Industrial Fire Precaution Levels:

Cable yarding systems: A yarding system employing cables and winches in a fixed position.

Closed season (Fire Precautionary Period): That season of the year when a fire hazard exists as declared by
the responsible agency official.

Contracting Officer: The person executing the contract, permit or license on behalf of the Government and
includes that person's designated representative, acting within the limits of their authority or the duly appointed
successor to the individuals.

Loading sites/woods site/project area: A place where any product or material (including but not limited to
logs, firewood, slash, soil, rock, poles, posts, etc.) is placed in or upon a truck or other vehicle

Low hazard area: Means any area where the responsible agency representative (WDNR, ORF, BIA, BLM)
determines the combination of elements reduces the probability of fire starting and/or spreading.

Tractor/skidder operations: include a harvesting operation, or portion of a harvesting operation, where


tractors, skidders, or other harvesting equipment capable of constructing fireline, are actively yarding forest products
and can quickly reach and effectively attack a fire start.
Waivers, written in advance, may be used for any and all activities. Activities for which waivers may be issued
include, but are not limited to:

a. mechanized loading and hauling;


Attachment 2 - Fire Protection and Suppression

b. road maintenance such as sprinkling, graveling, grading and paving;

c. cable yarding using gravity systems or suspended lines and blocks, or other yarding
systems where extra prevention measures will significantly reduce the risk of fire;

d. powers saws at loading sites or in felling and bucking where extra prevention
measures will significantly reduce the risk of fire;

e. maintenance of equipment (other than metal cutting and welding) or improvements such as
structures, fences and powerlines.

Such waiver, or substitute precautions will prescribe measures to be taken by the Contractor to reduce the risk of
ignition, and/or the spread of fire. The Contracting Officer shall consider site specific weather factors, fuel
conditions, and specific operations that result in less risk of fire ignition and/or spread than contemplated when
precaution level was predicted. Consideration shall also be given to measures that reduce the precaution levels
above. The Contractor shall assure that all conditions of such waivers or substitute precautions are met.

The Contractor shall obtain the predicted Industrial Fire Precaution Level daily, prior to the start of work, from the
appropriate Ranger District headquarters. If predictions made after 6:00 p.m., local time, are significantly different
than the original prediction, the Forest Service will inform the Contractor when changes in restrictions or industrial
precautions are made.

NOTE: The IFPL system does not apply on lands protected by ODF east of the summit of the Cascades.

Where hauling involves transit through more than one shutdown/regulated use area, the precaution level at the
woods loading site shall govern the level of haul restriction, unless otherwise prohibited by other than industrial
precaution level system.

8. Fire Tools

The Contractor shall furnish serviceable fire fighting tools in a readily accessible fire tool box or compartment of
sound construction with a hinged lid and hasp so arranged that the box can be secured or sealed. The box shall be
red and marked "Fire Tools" in letters one inch high. It shall contain a minimum of:

a. 2 axes or Pulaskis with a 32-inch handle;

b. 3 adze eye hoes. One Pulaski may be substituted for 1 adze eye hoe;

c. 3 long-handled, round point shovels, size "0" or larger.

9. Fire Security

When the Industrial Fire Precautions Level is "I" or higher, unless a waiver is granted, the Contractor shall designate
a person who shall perform fire security services listed below on the project area and vicinity. The designated person
shall be capable of operating the Contractor's communications and fire fighting equipment specified in the contract,
excluding helicopters, and of directing the activities of the Contractor's personnel on forest fires. In lieu of having
the designated person perform the required supervisory duties, the Contractor may provide another person meeting
the qualifications stated above to direct the activities of Contractor's personnel and equipment during all fire fighting
activities.

Services described shall be for at least 1 hour from the time the Contractor's operations are shut down. For
the purposes of this provision, personnel servicing equipment, and their vehicles, who are not engaged in cutting or
welding metal are excluded.

Fire security services shall consist of moving throughout the operation area or areas constantly looking,
Attachment 2 - Fire Protection and Suppression

reporting, and taking suppression action on any fires detected. Where possible, the designated person shall observe
inaccessible portions of helicopter operating areas from vantage points within or adjacent to project area.

10. Blasting
Whenever the Industrial Fire Precaution Level is "II" or greater, a fire security person equipped with a long-handled,
round point, No. "0" or larger, shovel, and a five-gallon backpack pump can filled with water will stay at location of
blast for 1 hour after blasting is done. Blasting may be suspended by Forest Service in writing, in an area of high
rate of spread and resistance to control.

Fuses shall not be used for blasting. Explosive cords shall not be used without written permission of Forest Service,
which may specify conditions under which such explosives may be used and precautions to be taken.
Attachment 3 - Fire Measure 2 Communications

R6-FS-6300-54 (5/89)

USDA FOREST SERVICE


PACIFIC NORTHWEST REGION

FIRE PROTECTION AND SUPPRESSION

Additional Fire Precautionary Measure 2 - Communications

12. The contractor shall provide adequate two-way communication facilities to report a fire to
Forest Service within 15 minutes of detection. FCC Regulations prohibit commercial use
of Citizen Band (CB) radios. (CB's are not considered adequate two-way
communications).
Such communications shall be operable during periods of operation of power-driven
equipment, including the time fire security is required. Fire Period and Closed Season
Exhibit 1 - Davis-Bacon Act WD # OR20230001

"General Decision Number: OR20230001 03/17/2023


Superseded General Decision Number: OR20220001
State: Oregon
Construction Type: Highway
Counties: Oregon Statewide.
HIGHWAY CONSTRUCTION PROJECTS

Note: Contracts subject to the Davis-Bacon Act are generally


required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.l(a)(2)-(60).

If the contract is entered Executive Order 14026


into on or after January 30, generally applies to the
2022, or the contract is contract.
renewed or extended (e.g., an The contractor must pay
option is exercised) on or all covered workers at
after January 30, 2022: least $16.20 per hour (or
the applicable wage rate
listed on this wage
determination, if it is
higher) for all hours
spent performing on the
contract in 2023.
If the contract was awarded on Executive Order 13658
or between January 1, 2015 and generally applies to the
January 29, 2022, and the contract.
contract is not renewed or The contractor must pay all
extended on or after January covered workers at least
30, 2022: $12.15 per hour (or the
applicable wage rate listed
on this wage determination,
if it is higher) for all
hours spent performing on
that contract in 2023.
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.

Additional information on contractor requirements and worker


protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date


0 01/06/2023
1 01/20/2023
2 01/27/2023
3 02/03/2023
4 02/17/2023
5 03/03/2023
6 03/10/2023
7 03/17/2023

BROR0001-006 06/01/2020

BAKER, BENTON (NORTH), CLACKAMAS, CLATSOP, COLUMBIA, GILLIAM,


HARNEY, HOOD RIVER, LINCOLN (NORTH), LINN (NORTH), MALHEUR
(NORTH), MARION, MORROW, MULTNOMAH, POLK, SHERMAN, TILLAMOOK,
UMATILLA, UNION, WALLOWA, WASCO (NORTH), WASHINGTON AND YAMHILL
COUNTIES

Rates Fringes

BRICKLAYER ....................... $ 41.20 22.39

BROR0001-007 06/01/2020

BENTON (SOUTH), CROOK, DESCHUTES, GRANT, JACKSON, JEFFERSON,


KLAMATH, LAKE, LANE, LINCOLN (SOUTH), LINN (SOUTH), MALHEUR
(SOUTH), WASCO (SOUTH) AND WHEELER COUNTIES

Rates Fringes

BRICKLAYER ....................... $ 41. 20 22.39

CARP9001-001 06/01/2022

ZONE 1:
Rates Fringes

Carpenters:
CARPENTERS .................. $ 42.31 19.21
DIVER STANDBY ............... $ 58.32 19.21
DIVERS TENDERS .............. $ 51.32 19.21
DIVERS ...................... $ 95.32 19.21
MANIFOLD AND/OR
DECOMPRESSION CHAMBER
OPERATORS ................... $ 51.32 19.21
MILLWRIGHTS ................. $ 43.26 19.21
PILEDRIVERS ................. $ 45.74 19.21

DEPTH PAY:
50 to 100 feet $2.00 per foot over 50 feet
101 to 150 feet 3.00 per foot over 50 feet
151 to 200 feet 4.00 per foot over 50 feet
over 220 feet 5.00 per foot over 50 feet

Zone Differential (Add to Zone 1 rates):


Zone 2 - $1.25
Zone 3 - 1.70
Zone 4 - 2.00
Zone 5 - 3.00
Zone 6 - 5.00
Zone 7 - 10.00

ZONE 1 - All jobs or projects located within 30 miles of the


respective City Hall

ZONE 2 - More than 30 miles and less than 40 miles from the
respective City Hall

ZONE 3 - More than 40 miles and less than 50 miles from the
respective City Hall

ZONE 4 - More than 50 miles and less than 60 miles from the
respective City Hall

ZONE 5 - More than 60 miles and less than 70 miles from the
respective City Hall

ZONE 6 - More than 70 miles from the respective City Hall.

ZONE 7 - More than 100 miles from the respective City Hall.

BASEPOINTS CITIES FOR CARPENTERS (EXCLUDING MILLWRIGHTS,


PILEDRIVERS AND DIVERS)
ALBANY ASTORIA BAKER
BEND BROOKINGS BURNS
COOS BAY CORVALLIS EUGENE
GOLDENDALE GRANTS PASS HERMISTON
HOOD RIVER KLAMATH FALLS LAGRANDE
LAKEVIEW LONGVIEW MADRAS
MEDFORD McMINNVILLE NEWPORT
OREGON CITY ONTARIO PENDLETON
PORTLAND PORT ORFORD REEDSPORT
ROSEBURG SALEM ST. HELENS
THE DALLES TILLAMOOK VANCOUVER

BASE POINTS FOR MILLWRIGHTS

EUGENE NORTH BEND LONGVIEW


PORTLAND MEDFORD THE DALLES
VANCOUVER

BASE POINTS FOR PILEDRIVERS AND DIVERS

ASTORIA BEND COOS BAY


EUGENE KLAMATH FALLS LONGVIEW
MEDFORD NEWPORT PORTLAND
ROSEBURG SALEM THE DALLES

* ELEC0048-006 01/01/2023
CLACKAMAS, CLATSOP, COLUMBIA, HOOD RIVER, MULTNOMAH, TILLAMOOK,
WASCO, WASHINGTON, SHERMAN AND YAMHILL (NORTH) COUNTIES

Rates Fringes

CABLE SPLICER .................... $ 63.09 28.23


ELECTRICIAN ...................... $ 57.35 27.54

HOURLY ZONE PAY:

Hourly Zone Pay shall be paid on jobs located outside of the


free zone computed from the city center of the following
listed cities:

Portland, The Dalles, Hood River, Tillamook, Seaside and


Astoria

Zone Pay:
Zone 1: 31-50 miles $1.50/hour
Zone 2: 51-70 miles $3.50/hour
Zone 3: 71-90 miles $5.50/hour
Zone 4: Beyond 90 miles $9.00/hour

*These are not miles driven. Zones are based on Delorrne


Street Atlas USA 2006 plus.

ELEC0112-001 06/01/2021

BAKER, GILLIAM, GRANT, MORROW, UMATILLA, UNION, WALLOWA, AND


WHEELER COUNTIES

Rates Fringes

CABLE SPLICER .................... $ 52.50 23.01


ELECTRICIAN ...................... $ 50.00 22.93

ELEC0280-003 01/01/2023

BENTON, CROOK, DESCHUTES, JEFFERSON, LANE (EAST OF A LINE


RUNNING NORTH AND SOUTH FROM THE NORTHEAST CORNER OF COOS
COUNTY TO THE SOUTHEAST CORNER OF LINCOLN COUNTY), LINN,
MARION, POLK AND YAMHILL (SOUTHERN HALF) COUNTIES

Rates Fringes

CABLE SPLICER .................... $ 49.51 19.79


ELECTRICIAN ...................... $ 51.67 20.58

ELEC0291-006 12/01/2021

MALHEUR COUNTY

Rates Fringes

CABLE SPLICER .................... $ 37.63 6%+15.40


ELECTRICIAN ...................... $ 34.21 6%+15.40

* ELEC0659-004 01/01/2023

DOUGLAS (EAST OF A LINE RUNNING NORTH AND SOUTH FROM THE NE


CORNER OF COOS COUNTY TO THE SE CORNER OF LINCOLN COUNTY),
HARNEY, JACKSON, JOSEPHINE, KLAMATH AND LAKE COUNTIES

Rates Fringes
CABLE SPLICER .................... $ 64. 58 1.5%+22. 34
ELECTRICIAN ...................... $ 43. 97 19.26

ZONE PAY: BASE POINTS ARE FROM THE DOWNTOWN POST OFFICE IN
GRANTS PASS, KLAMATH FALLS, ROSEBURG AND MEDFORD.

ZONE 1: 0-20 MILES $0.00 PER HOUR


ZONE 2: > 20-30 MILES $1.50 PER HOUR
ZONE 3: >30-40 MILES $3.30 PER HOUR
ZONE 4: >40-50 MILES $5.00 PER HOUR
ZONE 5: >50-60 MILES $6.80 PER HOUR
ZONE 6: >60 MILES $9.50 PER HOUR

*THESE ARE NOT MILES DRIVEN. zONES ARE BASED ON DELORNE


STREET ATLAS USA 5.0.

ELEC0932-004 01/01/2023

COOS, CURRY, LINCOLN, DOUGLAS AND LANE COUNTIES (AREA LYING


WEST OF A LINE NORTH AND SOUTH FROM THE N.E. CORNER OF COOS
COUNTY TO THE S.E. CORNER OF LINCOLN COUNTY)

Rates Fringes

ELECTRICIAN ...................... $ 48.58 23.20

* ENGI0701-005 01/01/2023

ZONE 1:

POWER EQUIPMENT OPERATORS (See Footnote C)

Rates Fringes

POWER EQUIPMENT OPERATOR


GROUP 1 ..................... $ 54.13 16.65
GROUP 1A .................... $ 56.29 16.65
GROUP 1B .................... $ 58.45 16.65
GROUP 2 ..................... $ 52.22 16.65
GROUP 3 ..................... $ 51.07 16.65
GROUP 4 ..................... $ 47.74 16.65
GROUP 5 ..................... $ 46.50 16.65
GROUP 6 ..................... $ 43.28 16.65

Zone Differential (add to Zone 1 rates):


Zone 2 - $3.00
Zone 3 - $6.00

For the following metropolitan counties: MULTNOMAH;


CLACKAMAS; MARION; WASHINGTON; YAMHILL; AND COLUMBIA;
CLARK; AND COWLITZ COUNTY, WASHINGTON WITH MODIFICATIONS AS
INDICATED:

All jobs or projects located in Multnomah, Clackamas and


Marion Counties, West of the western boundary of Mt. Hood
National Forest and West of Mile Post 30 on Interstate 84
and West of Mile Post 30 on State Highway 26 and West of
Mile Post 30 on Highway 22 and all jobs or projects located
in Yamhill County, Washington County and Columbia County
and all jobs or porjects located in Clark & Cowlitz County,
Washington except that portion of Cowlitz County in the Mt.
St. Helens ""Blast Zone"" shall receive Zone I pay for all
classifications.

All jobs or projects located in the area outside the


identified boundary above, but less than 50 miles from the
Portland City Hall shall receive Zone II pay for all
classifications.

All jobs or projects located more than 50 miles from the


Portland City Hall, but outside the identified border
above, shall receive Zone III pay for all classifications.

For the following cities: ALBANY; BEND; COOS BAY; EUGENE;


GRANTS PASS; KLAMATH FALLS; MEDFORD; ROSEBURG

All jobs or projects located within 30 miles of the


respective city hall of the above mentioned cities shall
receive Zone I pay for all classifications.

All jobs or projects located more than 30 miles and less than
50 miles from the respective city hall of the above
mentioned cities shall receive Zone II pay for all
classifications.

All jobs or projects located more than 50 miles from the


respective city hall of the above mentioned cities shall
receive Zone III pay for all classifications.

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

Group 1
Concrete Batch Plan and or Wet mix three (3) units or more
Crane, Floating one hundred and fifty (150) ton but less than
two hundred and fifty (250) ton.
Crane, two hundred (200) ton through two hundred ninety-nine
(299) ton with two-hundred-foot (200?) boom or less
(including jib, inserts and/or attachments)
Crane, ninety (90) ton through one hundred ninety-nine (199)
ton with over two hundred (200?) boom Including jib,
inserts and/or attachments)
Crane, Tower Crane with one hundred seventy-five-foot (175?)
tower or less and with less than two-hundred-foot (200?) jib
Crane, Whirley ninety (90) ton and over Helicopter when used
in erecting work
Tunnel Boring Machine
Tunnel, Micro Boring Tunnel Machine

Group lA
Crane, floating two hundred fifty (250) ton and over
Crane, two hundred (200) ton through two hundred ninety-nine
(299) ton, with over two-hundred-foot (200?) boom
(including jib, inserts and/or attachments)
Crane, three hundred (300) ton through three hundred
ninety-nine (399) ton
Crane, Tower Crane with over one hundred seventy-five-foot
(175?) tower or over two hundred
foot (200?) jib
Crane, tower Crane on rail system or 2nd tower or more in
work radius

Group lB
Crane, three hundred (300) ton through three hundred
ninety-nine (399) ton, with over two hundred- foot (200?)
boom (including jib, inserts and/or attachments)
Floating crane, three hundred fifty (350) ton and over
Crane, four hundred (400) ton and over

Group 2
Asphalt Plant (any type)
Asphalt Rota-Mill, pavement profiler eight foot (8?) lateral
cut and over
Auto Grader or ?Trimmer?
Blade, Robotic
Bulldozer, Robotic Equipment (any type)
Bulldozer, over one hundred twenty thousand (120,000) lbs.
and above
Canal Trimmer
Concrete Batch Plant and/or Wet Mix one (1) and two (2) drum
Concrete Canal Liner Operator
Concrete Diamond Head Profiler
Concrete, Automatic Slip Form Paver
Crane, Boom Truck fifty (50) ton and with over one hundred
fifty-foot (150?) boom and over
Crane, Floating (derrick barge) thirty (30) ton but less than
one hundred fifty (150) ton
Crane, Cableway twenty-five (25) ton and over
Crane, Floating Clamshell three (3) cu. Yds. And over
Crane, ninety (90) ton through one hundred ninety-nine (199)
ton up to and including two hundred- foot (200?) boom
(including jib inserts and/or attachments)
Crane, fifty (50) ton through eighty-nine (89) ton with over
one hundred fifty-foot (150?) boom
(including jib inserts and/or attachments)
Crane, Whirley under ninety (90) ton
Crusher Plant
Drone
Excavator over one hundred thirty thousand (130,000) lbs.
Heavy Equipment Robotics Operator or Mechanic
Loader one hundred twenty thousand (120,000) lbs. and above
Master environmental Maintenance Mechanic
Remote Controlled Earth Moving Equipment
Shovel, Dragline, Clamshell, five (5) cu. Yds. And over
Underwater Equipment remote or otherwise, when used in
construction work
Wheel Excavator any size

Group 3
Bulldozer, over seventy thousand {70,000) lbs. up to and
including one hundred twenty thousand (120,000) lbs.
Crane, Boom Truck fifty (50) ton and over with less than one
hundred fifty-foot (150?) boom
Crane, fifty (50) ton through eighty-nine (89) ton with one
hundred fifty-foot (150?) boom or less
(including jib inserts and/or attachments)
Crane, Shovel, Dragline or Clamshell three (3) cu. yds. but
less than five (5) cu. Yds.
Excavator over eighty-five thousand (85,000) lbs. through one
hundred thirty thousand
(130,000) lbs.
Loader sixty thousand (60,000) lbs. and less than one hundred
twenty thousand (120,000) lbs.

Group 4
Asphalt, Screed
Asphalt Paver
Asphalt Rota-Mill, pavement profiler, under eight foot (8?)
lateral cut
Asphalt, Recycle Machine
Asphalt, Material Transfer Vehicle Operator
Back Filling Machine
Backhoe, Robotic, track and wheel type up to and including
twenty thousand {20,000) lbs. with
any attachments
Blade (any type)
Boatman, Licensed
Boring Machine
Bulldozer over twenty thousand {20,000) lbs. and more than
one hundred (100) horse up to
seventy thousand (70,000) lbs.
Cable-Plow (any type)
Cableway up to twenty-five (25) ton
Cat Drill (John Henry)
Challenger
Chippers
Combination Heavy Duty Mechanic-Welder, when required to do
both
Compactor, multi-engine
Compactor, Robotic
Compactor with blade self-propelled
Concrete, Breaker
Concrete, Grout Plant
Concrete, Mixer Mobile
Concrete, Paving Road Mixer
Concrete, Reinforced Tank Banding Machine
Crane, Boom Truck twenty (20) ton and under fifty (50) ton
Crane, Bridge Locomotive, Gantry and Overhead
Crane, Carry Deck, Spider Crane, and similar types
Crane, Chicago Boom and similar types
Crane, Derrick Operator, under one hundred (100) ton
Crane, Floating Clamshell, Dragline, etc. under three (3) cu.
yds. Or less than thirty (30) ton
Crane, under fifty (50) ton
Crane, Quick Tower under one-hundred-foot (100?) in height
and less than one hundred fifty foot
(150?) jib (on rail included)
Diesel-Electric Engineer (Plant or Floating)
Directional Drill over twenty thousand (20,000) lbs. pullback
Drill Cat Operator
Drill Doctor and/or Bit Grinder
Drill, Oscillator
Driller, Percussion, Diamond, Core, Cable, Rotary and similar
type
Excavator Operator over twenty thousand {20,000) lbs. through
eighty-five thousand (85,000)
lbs.
Generator Operator
Grade Setter/layout from plans
Grade-all
Guardrail Machines, i.e., punch, auger, etc.
Hammer Operator (Piledriver)
Hoist, stiff leg, guy derrick or similar type, fifty (50) ton
and over
Hoist, two (2) drums or more
Hydro Axe (loader mounted or similar type)
Jack Operator, Elevating Barges, Barge Operator,
self-unloading
Loader Operator, front end and overhead, twenty-five thousand
(25,000) lbs. and less than
sixty thousand (60,000) lbs.
Log Skidders
Mechanic, Heavy Duty
Piledriver Operator (not crane type)
Pipe, Bending, Cleaning, Doping and Wrapping Machines
Rail, Ballast Tamper Multi-Purpose
Rubber-tired Dozers and Pushers
Scraper, all types
Side-Boom
Skip Loader, Drag Box
Stump Grinder (loader mounted or similar type)
Surface Heater and Planer
Tractor, rubber-tired, over fifty (50) HP Flywheel
Trenching Machine three-foot (3?) depth and deeper (Assistant
to the Operator required)
Truck, Crane Oiler-Driver 250 tons and over
Tub Grinder (used for wood debris)
Tunnel Boring Machine Mechanic? hyperbaric pay: additional
ten dollars ($10.00) per hour, incudes prep and decompress
Tunnel, Mucking Machine
Tunnel, Segment Plant
Tunnel, Separation Plant
Tunnel, Shaef Loader
Tunnel, Shield Operator
Ultra-High-Pressure Water Jet Cutting Tool System Operator
Vacuum Blasting Machine Operator
Water pulls, Water Wagons
Welder; Heavy Duty

Group 5
Asphalt, Extrusion Machine
Asphalt, Roller (any asphalt mix)
Asphalt, Rota-Mill pavement profiler ground man
Bulldozer, twenty thousand (20,000) lbs. or less, or one
hundred (100) horse or less
Cement Pump
Chip Spreading Machine
Churn Drill and Earth Boring Machine
Compactor, self-propelled without blade
Compressor, (any power) one thousand two hundred fifty
(1,250) cu. ft. and over, total capacity
Concrete, Batch Plant Quality control
Concrete, Combination Mixer and compressor operator, gunite
work
Concrete, Curb Machine, Mechanical Berm, Curb and/or Curb and
Gutter
Concrete, Finishing Machine
Concrete, Grouting Machine
Concrete, Internal Full Slab Vibrator Operator
Concrete, Joint Machine
Concrete, Mixer single drum, any capacity
Concrete, Paving Machine eight foot (8?) or less (Assistance
to the Operator required)
Concrete, Placing Boom
Concrete, Planer
Concrete, Pump
Concrete, Pump Truck
Concrete, Pumpcrete Operator (any type)
Concrete, Slip Form Pumps, power driven hydraulic lifting
device for concrete forms
Concrete, Spreader
Concrete, Tele belt
Concrete, Treated Base Roller Operator, Oiling
Conveyored Material Hauler
Crane, Boom Truck under twenty (20) tons
Crane, Boom Type lifting device, five (5) ton capacity or less
Drill, Directional type less than twenty thousand (20,000)
lbs. pullback
Drill, Mud Mixer
Elevating Grader Operator, Tractor towed requiring Operator
or Grader
Elevating Loader Operator (any type)
Elevator to move personnel or materials
Forklift, over ten (10) ton or Robotic
Helicopter Hoist
Hoist Operator, single drum
Hydraulic Backhoe track type up to and including twenty
thousand (20,000) lbs.
Hydraulic Backhoe wheel type (any make)
Laser Screed
Lime Spreader, construction job site
Loaders, rubber-tired type, less than twenty-five thousand
(25,000) lbs.
Pavement Grinder and/or Grooving Machine (riding type)
Pipe, cast in place Pipe Laying Machine
Pulva-Mixer or similar types
Pump Operator, more than five (5) pumps (any size)
Rail, Ballast Compactor, Regulator, or Tamper machines
Rail, Car Mover
Rail, Clip Applicator
Rail, High Rail Self Loader Truck
Rail, Locomotive, forty (40) ton and over
Rail, Lo-Railer
Rail, Shuttle Car Operator
Rail, Speedswing
Rail, Track Liner
Service Oiler (Greaser)
Sweeper Self-Propelled, Construction Job Site
Tractor, Rubber-Tired, fifty (50) HP flywheel and under
Trenching Machine Operator, maximum digging capacity
three-foot (3?) depth
Truck, All Terrain or Track type
Truck, Barrel type
Truck, Crane Oiler-Driver 100-249 tons
Truck, Heavy Haul, specialized transporter, hydraulic,
electric, or similar
Truck, Off Road Trucks, Articulated and Non-articulated
Trucks over forty (40) ton
Truck, Vacuum
Truck, Water
Tunnel, Locomotive, Dinkey
Tunnel, Power Jumbo setting slip forms, etc.

Group 6
Air Filtration Equipment
Asphalt, Pugmill (any type)
Asphalt, Raker
Asphalt, Truck Mounted Asphalt Spreader, with Screed
Assistant to the Operator
Auger Oiler
Bell Man (any type of communication)
Boatman
Bobcat, skid steed (less than one (1) yard)
Broom, self-propelled, construction job site
Compressor Operator (any power) under 1,250 cu. ft. total
capacity
Concrete Curing Machine (riding type)
Concrete Saw
Conveyor Operator or Assistant
Crane, lugger
Crusher Feederman
Crusher Oiler
Deckhand
Drill Assistant
Drill, Directional Locator
Forklift
Grade Checker
Guardrail Punch Oiler
Heavy Duty Repairman Assistant
Helicopter Radioman (ground)
Hydraulic Pipe Press
Hydrographic Seeder Machine, straw, pulp or seed
Hydrostatic Pump Operator
Material Handler
Mixer Box (CTB, dry batch, etc.)
Oiler
Parts Man (Tool Room)
Plant Oiler
Pump (any power)
Rail, Brakeman, Switchman, Motorman
Rail, Tamping Machine, mechanical, self-propelled
Rigger
Roller grading (not asphalt)
Truck, Crane Oiler-Driver under 100 tons
Truck, Off-Road Trucks, Articulated and Non-Articulated
Trucks forty (40) ton and under
Truck, over highway, examples: material and equipment
Welder?s Assistant
Welding Machine
Wire Mat or Brooming Machine

IRON0029-004 07/04/2022

Rates Fringes

IRONWORKER ....................... $ 41. 62 31.72

LABO0737-001 06/01/2022

Rates Fringes

Mason Tender/Hod Carrier


Tenders to Bricklayers,
Tile Setters, Marble
Setters and Terrazzo
Workers, Topping for
Cement Finishers and
Mortar Mixers ............... $ 38.79 16.85

LABO0737-008 06/01/2022

ZONE 1:

LABORERS (SEE FOOTNOTE C)

Rates Fringes

Laborers:
GROUP 1 ...............•..... $ 34.98 16.85
GROUP 2 ..................... $ 36.25 16.85
GROUP 3 ..................... $ 30.38 16.85

Zone Differential (Add to Zone 1 rates):


Zone 2 - $0.85
Zone 3 - 2.00
Zone 4 - 3.00
Zone 5 - 5.00

ZONE 1 - All jobs or projects located within 30 miles of the


respective City Hall

ZONE 2 - More than 30 miles and less than 40 miles from the
respective City Hall

ZONE 3 - More than 40 miles and less than 50 miles from the
respective City Hall

ZONE 4 - More than 50 miles and less than 80 miles from the
respective City Hall

ZONE 5 - More than 80 miles from the respective City Hall.

BASEPOINTS:
ALBANY ASTORIA BAKER CITY
BEND BURNS COOS BAY
EUGENE GRANTS PASS HERMISTON
KLAMATH FALLS MEDFORD PENDLETON
PORTLAND ROSEBURG SALEM
THE DALLES

LABORER CLASSIFICATIONS

GROUP 1: Applicator (including Pot Tender for same) applying


protective material by hand or nozzle on utility lines or
storage tanks on project, Asphalt Plant; Asphalt Spreader;
Batch Weighman; Broomers; Brush Burners and Cutters; Choker
Setter; Choker Splicer; Clary Power Spreader; Clean-up
Laborer; Clean up Nozzleman (concrete, rock, etc);
Concrete Laborer; Crusher Feeder; Curing, Concrete;
Demolition, wrecking, and moving; Dopping and Wrapping
Pipe; Dumpman (for Grading Crew); Erosion Control
Specialist; Fine Graders; Fence Builders; Form Strippers;
Guard Rail, Median Rail, Barriers, Reference Post, Guide
Post, Right of Way Marker; Remote Control (Dry Pack
Machine, Jackhammer, Chipping Guns, Compaction, Paving
Breakers, Hand Held Concrete Saw, Demo Saw, Core Drill);
Precast Concrete Setter; Pressure Washer; Railroad Track
Laborer; Ribbon Setter; Rip Rap Map; Sand Blasting (Wet);
Scaffold Tender; Self Propelled Concrete Buggy; Sewer
Laborer; Sign Erector; Signalman; Scissor and Manlift;
Skipman; Slopers; Sprayman; Stake Chaser; Stake Setter;
Tamper; Timber Faller and Bucker; Tool Operators (Hand
Held, Walk Behind)

GROUP 2: Asbestos Removal; Asphalt Rakers, Bit Grinder,


Concrete Core Drill, Concrete Pump Nozzleman, Concrete Saw
Operator (Walk Behind, Walk Saw, Rail Mounted, Wire); Drill
Operator; Grade Checker; Gunite Nozzleman; Hazardous Waste
Laborer; High Scalers; Laser Bean (Pipe Laying); Loop
Installation; Manhole Builder; Mold Remediation Laborer;
Nippers and Timberman; Pipelayer; Powderman; Power Saw
Operators (Bucking and Falling); Pumpcrete Nozzleman; Sand
Blasting (Dry); Sewer Timberman; lugger Operator;
Vibrators; Water Blaster

GROUP 3: Final Clean-up(detailed clean-up, limited to


cleaning up floors, ceilings, walls, windows-prior to
acceptance by the owner); Fire Watch; Landscaper; Traffic
Flagger

FOOTNOTE C:

HANDLING OF HAZARDOUS WAST MATERIALS - Personnel in all craft


classifications subject to working inside a federally
designated Hazardous Waste perimeter shall be eligible for
compensation in accordance with the following group
schedule relative to the level of Hazardous Waste as
outline in the specific Hazardous Waste Project Site Safety
Plan:

H-1 Base Wage Rate when on a hazardous waste site when not
outfitted with protective clothing.

H-2 Class ""C"" Suit - Basic hourly wage rate plus $1.00 per
hour, fringes plus $0.15.

H-3 Class ""B"" Suit - Basic hourly wage rate plus $1.50 per
hour, fringes plus $0.15.

H-4 Class ""A"" Suit -Basic hourly wage rate plus $2.00 per
hour, fringes plus $0.15.
PAIN0010-005 07/01/2022

Rates Fringes

PAINTER
HIGHWAY & PARKING LOT
STRIPER ..................... $ 38.18 15.08

PAIN0010-008 07/01/2022

Rates Fringes

PAINTER .......................... $ 38.18 15.08

PLAS0555-001 06/01/2022

ZONE 1:

Rates Fringes

Cement Masons: (ZONE 1)


CEMENT MASONS DOING BOTH
COMPOSITION/POWER
MACHINERY AND
SUSPENDED/HANGING SCAFFOLD .. $ 41.64 21.17
CEMENT MASONS ON
SUSPENDED, SWINGING AND/OR
HANGING SCAFFOLD ............ $ 40.81 21.17
CEMENT MASONS ............... $ 39. 97 21.17
COMPOSITION WORKERS AND
POWER MACHINERY OPERATORS ... $ 40.81 21.17

Zone Differential (Add To Zone 1 Rates):


Zone 2 - $0.65
Zone 3 - 1.15
Zone 4 - 1. 70
Zone 5 - 3.00

BASE POINTS: BEND, CORVALLIS, EUGENE, MEDFORD, PORTLAND,


SALEM, THE DALLES, VANCOUVER

ZONE 1: Projects within 30 miles of the respective city hall

ZONE 2: More than 30 miles but less than 40 miles from the
respective city hall.

ZONE 3: More than 40 miles but less than 50 miles from the
respective city hall.
ZONE 4: More than 50 miles but less than 80 miles from the
respective city hall.

ZONE 5: More than 80 miles from the respective city hall

TEAM0037-004 06/01/2020

ZONE 1:

TRUCK DRIVERS (See Footnote C):

Rates Fringes

Truck drivers:
GROUP 1 ..................... $ 29.08 16.40
GROUP 2 ..................... $ 29.20 16.40
GROUP 3 ..................... $ 29.34 16.40
GROUP 4 ..................... $ 29.62 16.40
GROUP 5 ..................... $ 29.85 16.40
GROUP 6 ..................... $ 30.03 16.40
GROUP 7 ..................... $ 30. 24 16.40

Zone Differential (add to Zone 1 rates):


Zone 2 - $0.65
Zone 3 - 1.15
Zone 4 - 1.70
Zone 5 - 2.75

Zone 1 - All jobs or projects located within 30 miles of the


respective City Hall

Zone 2 - More than 30 miles and less than 40 miles from the
respective City Hall

Zone 3 - More than 40 miles and less than 50 miles from the
respective City Hall

Zone 4 - More than 50 miles and less than 80 miles from the
respective City Hall

Zone 5 - More than 80 miles from the respective City Hall

BASEPOINTS:
ALBANY ASTORIA BAKER
BEND BINGEN BROOKINGS
BURNS COOS BAY CORVALLIS
EUGENE GOLDENDALE GRANTS PASS
HERMISTON HOOD RIVER KLAMATH FALLS
LAGRANDE LAKEVIEW LONGVIEW
MADRAS MEDFORD MCMINNVILLE
OREGON CITY NEWPORT ONTARIO
PENDLETON PORTLAND PORT ORFORD
REEDSPORT ROSEBURG SALEM
THE DALLES TILLAMOOK VANCOUVER

TRUCK DRIVER CLASSIFICATIONS

GROUP 1: A-frame or hydra-lift truck w/load bearing surface;


Articulated dump truck; Battery rebuilders; Bus or manhaul
driver; Concrete buggies (power operated); Concrete pump
truck; Dump trucks, side, end and bottom dumps, including
semi-trucks and trains or combinations thereof: up to and
including 10 cu. yds.; Lift jitneys, fork lifts (all sizes
in loading, unloading and transporting material on job
site); Loader and/or leverman on concrete dry batch plant
(manually operated); Lubrication man, fuel truck driver,
tireman, wash rack, steam cleaner or combination; Pilot
car; Pickup truck; Slurry truck driver or leverman; Solo
flat bed and misc. body truck, 0-10 tons; Team drivers;
Tireman; Transit mix and wet or dry mix trucks: 5 cu yds.
and under; Water wagons (rated capacity) up to 3,000 gallons

GROUP 2: Boom truck/hydra-lift or retracting crane;


Challenger; Dumpsters or similar equipment-all sizes; Dump
trucks/articulated dumps 6 cu to 10 cu.; Flaherty spreader
driver or leverman; Low bed equipment, flat bed semi-truck
and trailer or doubles transporting equipment or wet or dry
materials; Lumber carrier, driver-straddle carrier (used in
loading, unloading and transporting of materials on job
site); Oil distributor driver or leverman; Transit mix and
wet or dry mix trucks: over 5 cy yds and including 7 cu.
yds; Vacuum trucks; Water Wagons (rated capacity) over
3,000 to 5,000 gallons

GROUP 3: Ammonia nitrate distributor driver; Dump trucks,


side, end and bottom dumps, including semi-trucks and
trains or combinations thereof: over 10 cu. yds. and
including 30 cu. yds., includes articulated dump trucks;
Self-Propelled street sweeper; Transit mix and wet or dry
mix trucks, over 7 cu. yds. and including 11 cu. yds.;
truck mechanic-Welder-Body repairman; Utility and clean-up
truck; Water wagons (rated capacity) 5,000 to 10,000
gallons.

GROUP 4: Asphalt Bruner; Dump trucks, side, end and bottom


dumps, including semi-trucks and trains or combinations
thereof: over 30 cu. yds. and including 50 cu. yds.
includes articulated dump trucks; Fire guard; Transit Mix
and Wet or Dry Mix Trucks, over 11 cu. yds. and including
15 cu. yds.; Water Wagon (rated capacity) over 10,000
gallons to 15,000 gallons

GROUP 5: Composite Crewman; Dump trucks, side, end and bottom


dumps, including semi-trucks and trains or combinations
thereof: over 50 cu. yds. and including 60 cu. yds.,
includes articulated dump trucks

GROUP 6: Bulk cement spreader w/o auger; Dry Pre-Batch


concrete mix trucks; Dump trucks, side, end and bottom
dumps, including semi-trucks and trains of combinations
thereof: over 60 cu. yds. and including 80 cu. yds. and
includes articulated dump trucks; Skid truck

GROUP 7: Dump trucks, side, end and bottom dumps, including


semi-trucks and trains or combinations thereof: over 80
cu. yds. and including 100 cu. yds. includes articulated
dump trucks; Industrial lift truck (mechanical tailgate)

FOOTNOTE C:

HANDLING OF HAZARDOUS WAST MATERIALS -(LABORERS, POWER


EQUIPMENT OPERATORS, AND TRUCK DRIVERS): Personnel in all
craft classifications subject to working inside a federally
designated Hazardous Waste perimeter shall be eligible for
compensation in accordance with the following group
schedule relative to the level of Hazardous Waste as
outline in the specific Hazardous Waste Project Site Safety
Plan:

H-1 Base Wage Rate when on a hazardous waste site when not
outfitted with protective clothing.

H-2 Class ""C"" Suit - Basic hourly wage rate plus $1.00 per
hour, fringes plus $0.15.

H-3 Class ""B"" Suit - Basic hourly wage rate plus $1.50 per
hour, fringes plus $0.15.

H-4 Class ""A"" Suit -Basic hourly wage rate plus $2.00 per
hour, fringes plus $0.15.

* SUOR1991-003 04/01/1991
Rates Fringes
Timber Sales Roads:
LABORERS .................... $ 8.35 ** 4.30
OPERATING ENGINEERS ......... $ 10.37 ** 4.15
POWER SAW, DRILLER,
POWDERMAN ................... $ 9.12 ** 4.30
TEAMSTERS ................... $ 9.74 ** 3.74

WELDERS - Receive rate prescribed for craft performing


operation to which welding is incidental.

** Workers in this classification may be entitled to a higher


minimum wage under Executive Order 14026 ($16.20) or 13658
($12.15). Please see the Note at the top of the wage
determination for more information.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave


for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within


the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification


and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed


in dotted lines beginning with characters other than ""SU"" or
'"'UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.

Union prevailing wage rates are updated to reflect all rate


changes in the collective bargaining agreement (CBA) governing
this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that


no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a
new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate


that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of


each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can
be:

* an existing published wage determination


* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis-Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations


Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an


interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator


U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210

The request should be accompanied by a full statement of the


interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requester considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an


interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board


U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISIO"

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