Umatilla NF Walla Walla Ranger District Mottet Timber Sale Prep

Date(s) and place(s) of delivery and acceptance: The 48,166-acre Mottet Vegetation Management project planning area is located on the Umatilla National Forest, Walla Walla Ranger District. It is about 15 air miles north of Elgin, Oregon in Umatilla, Union, and Wallowa Counties. The northern boundary is the Wenaha-Tucannon Wilderness, and the western boundary is the Tollgate Highway (Oregon State Highway 204). Primary access to the area is the Tollgate highway and Forest Road 6400. The project area is plateau-like, cut by deep canyons.  Elevations in the project area range from approximately 3200 feet to approximately 5600 feet.  Slopes in the area range from 0 to 60 percent.

 Period of Performance: June 01, 2026 through September 1, 2027

Federal Acquisition Regulation (FAR) and United States Department of Aquiculture Acquisition Regulation (AGAR) Clauses and Provisions

The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation.  The terms and conditions set forth herein supersede all other terms and conditions. Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates.  The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation.  Contracting officers will rely on representations from offers based on provisions in the solicitation.  Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2          Clauses Incorporated by Reference Feb 1998

This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.  Upon request, the Contracting Officer will make their full text available.  Also the full text of the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.203-17        Contractor Employee Whistleblower Rights (Nov 2023)

52.203-19        Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

52.204-13        System for Award Management—Maintenance (Nov 2025) (Jan 2017)

52.209-6          Protecting the Government’s Interest When Subcontracting with    

                        Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025)

52.209-10        Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025)

52.212-4          Terms and Conditions—Commercial Products and Commercial Services (Nov 2025)

52.219-6          Notice of Total Small Business Aside (Nov 2025)

52.222-3          Convict Labor (June 2003)

52.222-19        Child Labor—Cooperation with Authorities and Remedies (Nov 2025)

52.222-35        Equal Opportunity for Veterans (Nov 2025)

52.222-36        Equal Opportunity for Workers with Disabilities  (Nov 2025)

52.222-37        Employment Reports on Veterans  (Nov 2025)

52.222-40        Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

52.222-41        Service Contract Labor Standards (Aug 2018)

52.222-42        Statement of Equivalent Rates for Federal Hires (May 2014)

52.222-50        Combating Trafficking in Persons (Nov 2025)

52.222-54        Employment Eligibility Verification (Nov 2025)

52.222-62        Paid Sick Leave Under Executive Order 13706 (Jan 2022)

52.223-23        Sustainable Products and Services (Nov 2025)

52.226-8          Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)

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

52.232-40        Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

52.233-3          Protest After Award (Sep 2025)

52.233-4          Applicable Law for Breach of Contract Claim (Sep 2025)

52.240-91        Security Prohibitions and Exclusions (Nov 2025)

52.242-14        Suspension of Work (Apr 1984)

52.244-6          Subcontracts for Commercial Products and Commercial Services (Nov 2025)

AGAR Clauses

452.203-71      Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec                                     2025)

(a) By entering into this contract, the Contractor certifies that:

1. It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.

1. Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution, and the Contractor and any subcontractor or teaming partner will not do so for the duration of the contract.

(b) If the Contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other

detention facilities, the Contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The Contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the Contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contract may subject the Contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) The Contractor must include the provisions of this clause in all subcontract solicitations.

(g) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.

(End of Clause)

452.204–70     Modification for Contract Closeout (Nov 2025)

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) 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 Contracting Officer shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer 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 Contracting Officer may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.)  If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 60 days, the Contracting Officer 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.

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for de-obligation.  The contractor will receive a copy of the modification and a ‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms.  If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 120 days, the Contracting Officer 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.

(End of Clause)

Attachments List: The following attachments are made as part of this solicitation and any resultant contract.

1.1240BE26Q0036 Walla Walla Timber Sale Prep Schedule of Items and Performance Work Statement

2. Wage Rates

3. Project Vicinity Maps

4. Project Unit Maps

5. Project Unit Shapefiles

6. Logging System Worksheet

7. Unit Layout Specification Guide

8. Boundary Marking Guide

9. Timber Cruising Handbook (FSH 2409.12) Chapter 50

10. Inventory Record for Contract Marking Painting (FS-2400-65)

11. MSDS Tree Marking Paint

12. Virtual Boundary Desk Guide

Award Type

It is anticipated that a FIRM FIXED PRICED  contract will be awarded.

The Government reserves the right to make more than one award (multiple awards) for different line items, if, after, it is determined that the multiple awards will result in the best value to the Government. Offeror may submit pricing for one or all line items. (SEE SCHEDULE AND STATEMENT OF WORK ATTACHMENT.)

Evaluation and Basis for Award

The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services

is not applicable to this solicitation.  In lieu of this provision, quotes will be evaluated in accordance with FAR 12.203 based on the criteria listed below.  Contract will be awarded to the offeror representing the best value to the Government.

52.252-1          Solicitation Provisions Incorporated by Reference                       Feb 1998

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text.  Upon request, the Contracting Officer will make their full text available.  The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer.  In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.  Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.203-18        Prohibition on Contracting with Entities that Require Certain Internal Confidentiality                    Agreements or Statements-Representation (Jan 2017)

52.240-90        Security Prohibitions and Exclusions Representations and Certifications (Nov 2025)

52.204-7          System for Award Management—Registration (Nov 2025)

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Nov      2025)

FAR 52.212-1 is amended as follows:

Questions

Questions shall be submitted via email to [email protected] and are due no later than March 18, 2026, at 1700 Pacific Time.  This will ensure enough time to respond before the solicitation period ends.  Please include the solicitation name and number as the subject line of the email.

Instructions to Offerors—Commercial Products and Commercial Services (Deviation Date)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. 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) 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.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) 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. However, the Government reserves the right to conduct discussions, if 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.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(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 Offeror 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 the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of provision)

52.212-2 Evaluation—Commercial Products and Commercial Services (Aug 2025).

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

In a separate document, address the evaluation criteria questions below and include your response in your submission.

A. Relevant Past Performance History:

1. Similar Past Experience: Direct experience with doing layout of ground-based and skyline harvest systems and all the listed timber presale requirements of the Schedule of Items. Direct experience with doing all the listed timber presale requirements of the Schedule of Items which were similar in scope and complexity to the proposed project.

2. Quality of Services: Demonstrated ability to perform services in accordance with the contract specifications. Conformance to good standards of workmanship.

3. Customer Satisfaction: Satisfaction of end users with the Contractor’s completed services.

4. Timeliness of Performance: Compliance with delivery schedules; reliability, and responsiveness to technical direction. Kept customer informed of the work schedule and status. No complaints of Contractor not following through when he said he was going to meet at a certain date and place.

5. Cost Control: Ability to complete contracts within budget (at or below); reasonableness of price change proposals submitted; providing current, accurate, and complete billings.

6. Business Relations: Effective management, ability to manage project involving subcontracts, positive working relationship with the Contracting Officer and technical representatives, reasonable and cooperative behavior, flexibility, effective Contractor-recommended solutions, and businesslike concern for Government’s issues.

7. Subcontracting: At the time of offer submission, the Offeror must disclose to the Contracting Officer if the Offeror intentions to enter into any subcontract arrangement.  The Offeror will include at a minimum:

1. 1. The name, address, and telephone number of the subcontractor.
   2. Provide answers to question 1 through 6 under relevant Past History
   3.  A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

B. Technical Approach

1. Performance, schedule and staffing: How the project will be adequately managed and staffed with Contractor personnel with appropriate skills and skill levels to accomplish the project with regard to the personnel qualifications (listed, the names and experience of the employee.)

2. Quality Control Plan. Quality Control Plan will be evaluated on how the Contractor plans to implement and carry out quality control measures throughout the life of the contract.

3. Safety Plan. Past contracts were completed with no accidents recorded. Contractor and all subcontractors were working in accordance with established Safety Plan and within OSHA Standards.

C. Price: The Government will use the pricing provided in Schedule of Items. It is the Government’s intent to determine the reasonableness of the offer, the offeror’s understanding of the work and the offeror’s ability to fulfil the contract.

The Government will issue a contract to the offeror quote conforms to the solicitation requirements, and which offers the best value to the Government.

(b) Notice of award. A written notice of award or acceptance of an offer 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.

  (End of provision)

AGAR Provisions

452.203-70      Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Certification (Dec                        2025)

(a) By submission of its offer, the offeror certifies that:

1. It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution.
2. Neither it nor any proposed subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution.

(b) If the offeror participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, by submission of its offer, the offeror certifies that it is compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The offeror affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract.  Payments under the contract are predicated on compliance with the above requirements, and therefore the offeror will not be eligible for funding under the contract or to retain any funding under the contract absent compliance with the

above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to offeror’s compliance with the above requirements and/or eligibility for the contract may subject the offeror to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) Failure on the part of the offeror or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate the contract for default.

(End of Provision)

NOTICE FOR FILING AGENCY PROTESTS

United States Department of Agriculture (USDA) Ombudsman Program

The USDA is committed to issuing solicitations and awarding contracts in a fair and prompt manner.  The Ombudsman Program for Agency Protests (OPAP) was established to address protest issues within the agency, providing an alternative to costly and time-consuming litigation.  Operating independently, OPAP offers relief comparable to that granted by the Government Accountability Office (GAO).  Interested parties are encouraged to resolve concerns through USDA’s internal Alternative Dispute Resolution (ADR) process before pursuing external forums such as the GAO.  Concerns may be addressed informally or through a formal agency protest filed with either the Contracting Officer or the Ombudsman.

Informal Forum with the Ombudsman

1. Initial Point of Contact: Interested parties who believe a specific USDA procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer.
2. Escalation: If the Contracting Officer is unable to address their concerns, interested parties are encouraged to contact the USDA Ombudsman for Agency Protests.  Under this informal process, the agency is not required to suspend contract award performance.  Utilization of the informal forum does not suspend any time requirement for filing a formal protest with the agency or other forums.
3. Required Information: To ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman

1. Effort to Resolve: Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions.
2. Independent Review: If the protester’s concerns remain unresolved, an Independent Review is available by the Ombudsman.  The protester may file a formal agency protest with either the Contracting Officer or, alternatively, with the Ombudsman under the OPAP program.  Contract awards or performance will be suspended during the protest period unless justified in writing for urgent and compelling reasons or determined in writing to be in the best interest of the Government.
3. Resolution Timeline: The agency’s goal is to resolve protests within 35 calendar days from the date of filing.
4. Required Information: Protests shall include the information set forth in FAR 33.104(a)(3).  Failure to submit the required information may result in a delay or dismissal of the protest.
5. Timeliness: Protests must be filed within the timeframes specified in FAR 33.104.
6. Submission: Formal protests under the OPAP program should be submitted electronically to [email protected] and the Contracting Officer. 

Election of Forum.  By initiating a protest with the USDA, the protester agrees not to pursue the same matter with the Government Accountability Office (GAO) or any other external forum while the agency protest is pending.  If a protest is filed externally, the agency protest will be dismissed.