Middle Fork Ranger District Wildlife Snag Creation

Amendment 0001 effective 3/13/2026  Schedule of items and Performance Work Statement has been updated. Solicitation offer due has been extended to 1700PT 3/23/2026

See updated schedule of items and Performance Work Statement reve 1 and amendment 0001

Amendment 0002 effective 3/16/2026 Performance Work Statement updated.

See Performance Work Statement rev 2

Vendor Question and Answer Document added to attachments

Description 

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Part 12.  This announcement constitutes the only solicitation; offers are being requested, and a separate written solicitation will not be issued. 

This acquisition is  set-aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

The NAICS code is 115310– Support Activities for Forestry  Size Standard is $11.5 million.

A list of line-item number(s) and items, quantities, and units of measure (including option(s), SEE SCHEDULE OF ITEMS

Description of requirements: The purpose of this project is to create structures suitable for use by cavity nesting wildlife. Standing trees will be treated in a variety of methods to create dead wildlife trees or snags.

The Contractor shall, considering given resource objectives for the work unit, develop a plan of operation to accomplish objectives, organize, and direct all the equipment and personnel needed to fully accomplish the work. The Contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies and incidentals necessary, except those designated as Government furnished, to complete the work required. Contractor shall select trees according to contract specifications. Blasting is not allowed as a method of treatment on this contract. The Contractor may use a choice of tools (chainsaw, auger, or other hand tools) unless otherwise specified.  Documentation and digital mapping using approved software shall be submitted to COR for inspection and approval. Slash treatments are required on all methods if slash exceeds specifications (5.10) in the statement of work. Each Schedule of Items will list specifics including type of treatment, treatment heights, DBH ranges, live limb retention or removal, and/or combinations of treatments, and specific required documentation.

Date(s) and place(s) of delivery and acceptance: The performance for these requirements shall be located on the Willamette National Forest, Middle Fork Ranger District.

 Period of Performance:  1 May 2026 – 31 December 2026

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

1. 1240BE26Q0030 Schedule of Items and Performance Work Statement Middle Fork Wildlife Snag Creation

2. Exhibit 6 Tree Illustrations for Girdling

3. Exhibit 9 Sample Tree Registers

4. DUIS

5. Unit Map

6. Wage Rates

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)

52.223-2          Reporting of Biobased Products Under Service and Construction Contracts (May 2024)

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)

52.244-6          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 deobligation.  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)

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.  Award will be made 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)

52.223-1          Biobased Product Certification (May 2024)

52.223-2          Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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:

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.

Questions

Questions shall be submitted via email to Jared.Machgan@usda.gov and are due no later than March 12, 2026, at 13:00  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.

FAR 52.212-1 Instructions to Offerors continued—

(a) Submission of offers. Submit signed and dated offers to Jared Machgan via email jared.machgan@usda.gov on or before March 16, 2026 at 15:30 Pacific Time. 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

(4) Information necessary to evaluate the factors contained in the provision at FAR 12.203 or as described in the solicitation in separate Microsoft Word or Adobe PDF format documents. 

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

6. Offeror must notify the Contracting officer at the time of offer submission if they intend to a subcontract arrangement. Offeror must include at a minimum:

1. 1. The name, address, and telephone number of the subcontractor.
   2. The date upon which the subcontract was entered into and its duration.
   3.  A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

The Government reserves the right to approve or disapprove any subcontractors selected.

7. Be aware that large attachments may increase the time required to deliver an email.  It is the offeror’s responsibility to confirm receipt of the offer from _Jared Machgan.

(b) 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) A summary of the rationale for award.

(3) 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)

(c) Evaluation

On a separate document, address the evaluation criteria questions below and include your response with the Contractor Packet to Return.

1. Technical Capability

Offers submitted in response to this solicitation shall include a technical proposal, a price

proposal, and contractor representations and certifications.

a) Past Performance – provide a list of similar projects completed by your firm over the

past three years. Include a brief description of the project, dollar amount, year completed,

and project owner contact information (name, phone, and email). The government may use

past performance information from any available source. If a company does not have past

performance information available, information may be provided for predecessor

companies, key personnel, or subcontractors.

b) Price – Include the following: 1) the completed Schedule of Items of this

solicitation, and 2) acknowledgement of any amendments to this solicitation by

following the instructions that accompany the amendment(s).

c) Technical Capability –

1) Quality Control - The Contractor shall provide a Quality Control Plan (QCP).

The Plan must demonstrate how the Contractor shall assure that quality of

performance meets the objectives and requirements of the task order. The QCP

shall specify:

- How quality will be monitored to ensure performance standards are met.

- How the work will be supervised.

- How results of the monitoring will result in quality performance.

- Identify the personnel responsible for performing quality control.

2) Work Plan and Schedule- Provide your general Work Plan including crew size,

work schedule, and production rate that will allow you to complete the work to

meet performance time for work you are proposing to do.

-Describe your ability to adjust crew sizes in order to complete the work

acceptably and on time.

-How will you organize your work force to achieve the various contract

requirements?

(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 SPE.inquiry@usda.gov 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.