12318722Q0264 Solicitation.pdf

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WASHINGTON DC 20250-1138

1400 INDEPENDENCE AVE SW MS-1138

AQM PROC PROPERTY

USDA FOREST SERVICE

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14. METHOD OF SOLICITATION

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NAICS:

SMALL BUSINESS

06/03/2022 1430 ET

05/25/2022

651-278-5086EVE DAY

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INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12318722Q0264

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2 1060433OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

PLACERVILLE CA 95667

100 FORNI ROAD

ELDORADO NATIONAL FOREST

15. DELIVER TO

WASHINGTON DC 20250-1138

1400 INDEPENDENCE AVE SW MS-1138

AQM PROC PROPERTY

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EFFECTIVE DATE

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THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 06/15/2022 Period of Performance: 06/15/2022 to 09/30/2022

0001 Invasive Plant Surveys Product/Service Code: F099 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- OTHER

Payment will be made in accordance with the Prompt Payment Act. Payment will be made within

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

DEANA M. HICKS

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

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ARE

31c. DATE SIGNED

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30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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25. ACCOUNTING AND APPROPRIATION DATA

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REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

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FINALPARTIAL

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CORRECT FOR

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COMPLETE

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42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

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41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

30 days of acceptance of a proper invoice. All invoices are to be submitted online 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/Home

Your company must register to establish an account in order to submit an invoice on this project.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule

SCHEDULE OF ITEMS

SECTION B

SUPPLIES OR SERVICES & PRICE/COST

PROJECT

UNIT

SOL #

ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE

Presurvey meeting with Government 1

Field surveys, mapping, delineation and treatment for target species. 1

Electronic session reports 8 Draft survey report, photos, and GIS data 1 Final survey report, photos, and GIS data 1

Total NOTES 1. Responses for quantities less than those listed in the numbered items may be rejected

2. Responses without prices for each item and sub-item may be rejected.

Description of Requirement

Statement of Work

Contents Project General Information

1.0 Scope of Work

2.0 Background

Contractor Requirements

3.0 Technical Requirements / Tasks

4.0 Government Furnished

5.0 Deliverables / Schedule

6.0 Travel

7.0 Contractor’s Key Personnel

8.0 Security Requirements

9.0 Data Rights

10.0 Section 508 – Electronic and Information Technology Standards Attachment

Project

The Caldor Fire Burned Area Emergency Response (BAER) Invasive Plant Survey and Treatment project

General Information

1.0 Scope of Work

The Caldor Fire started August 14, 2021, and burned approximately 255,000 acres, of which approximately 216,000 acres occur on Eldorado National Forest lands within the Amador, Pacific, and Placerville Ranger Districts. This Burned Area Emergency Response (BAER) Early Detection Rapid Response (EDRR) Invasive Plant Survey and Treatment project facilitates the implementation of the Caldor Fire BAER Project, which includes surveys of fire suppression disturbances for new invasive plant infestations and manual treatment of small infestations. The results of these efforts will assist land managers in reducing the spread of invasive plants within and adjacent to the Caldor Fire area. For additional information contact ENF South Zone Botanist Matt Brown at (530) 647-5390 or email matthew.brown1@usda.gov.

2.0 Background

mailto:matthew.brown1@usda.gov

The Caldor Project Area encompasses 255,000 acres of El Dorado Alpine, and Amador County, California. The majority of the fire footprint is generally contained between Highway 50 and 88, extending from the western boundary of the forest to the sierra crest. The northern end of the fire extended north of Highway 50 near the community of Kyburz towards to the Wrights Lake area and Desolation Wilderness. See Attached Vicinity Map. All contract areas are located on National Forest lands within the delineated boundaries of the Eldorado National Forest.

Contractor Requirements

3.0 Technical Requirements / Tasks

The work to be performed consists of one season of invasive plant surveys and manual treatments for target species including ENF invasive species and state-listed Noxious Weeds within and adjacent to the Caldor Fire area along fire-suppression disturbances (e.g. fire lines, staging areas, spike camps, drop zones, etc.). The contractor shall provide any and all labor, equipment, and supplies except for government furnished property, services, permits, and licenses, necessary to collect field data, manually treat, and report on the presence or absence of Target Species. Surveys shall be conducted when plants are at an optimum phase of phenology for identification purposes, and manual treatments shall occur prior to seed set. Some locations may require more than one visit, depending on the weather and timing of the bloom of the target species. It is necessary to note that time is of the essence for this project due to expedited timeframe for the implementation of BAER projects, and the desire to prevent seed set at any new infestations. Therefore, it is critical that the Contractor be able to begin work as soon as possible and appropriate, based on phenology of target species, and has enough resources to accomplish the survey and treatment phases within a short timeframe.

The Caldor Fire BAER Invasive Plants Project Area includes approximately 140 miles of dozer-constructed fire line, 94 miles of roadside fire line and fuel breaks, and 69 point locations (staging area, drop point, etc.). Total area for fireline surveys and treatment are ~1,981 acres and total area for point locations are ~36 acres. Elevations of survey areas range between ~2,640 & 9,560 feet. The project area consists of a mosaic of habitats, (on all aspects) including mostly ponderosa pine, sierran mixed conifer, montane hardwood, and chaparral. Terrain ranges from steep to flat.

TARGET SPECIES KNOWN IN THE PROJECT AREA: The following target plants are known to exist in the Project Area proximity.

Table 1. Target Invasive Species documented within the Caldor Fire.

SPECIES Common Name

Aegilops cylindrica jointed goatgrass

Aegilops triuncialis barbed goatgrass

Ailanthus altissima tree of heaven

ADDITIONAL POTENTIAL TARGET SPECIES WITHIN THE PROJECT AREA: All invasive species on the Eldorado National Forest List Group 1, 2, 3, potential invaders, and/or listed as a “Noxious Weed” by the state of California should be considered to have potential to occur in the fire area.

Bromus tectorum cheatgrass

Carduus pycnocephalus Italian thistle

Centaurea diffusa diffuse knapweed

Centaurea stoebe spotted knapweed

Centaurea melitensis maltese starthistle

Centaurea solstitialis yellow starthistle

Chenopodium botrys Jerusalem oak goosefoot

Chondrilla juncea rush skeletonweed

Cirsium vulgare bull thistle

Cytisus scoparius Scotch broom

Descurainia sophia herb sophia

Europhobia oblongata Oblong spurge

Elymus caput-medusae medusahead

Foeniculum vulgare sweet fennel

Genista monspessulana French Broom

Hypericum perforatum Klamath weed

Lepidium latifolium perennial pepperweed

Leucanthemum vulgare oxeye daisy

Lythrum salicaria purple loosestrife

Melilotus officinalis yellow sweetclover

Potentilla recta sulphur cinquefoil

ESTIMATED START DATE & CONTRACT TIME: The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently and during the appropriate timing for species detection, and (c) complete the entire work ready for use not later than September 30, 2022. Work is estimated to begin June 15, 2022.

Estimated Start Date: June 15, 2022

Number of Calendar Days Required: 107

RESTRICTIONS ON WORK: Work may be performed at any time during the period of the contract, except as outlined here. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Restrictions are as follows:

1. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous or that continued vehicular travel would cause unacceptable road damage.

2. Work shall not be performed before 6:00 a.m., after 6:00 p.m., on Sundays or on Federal holidays.

EXCLUSIONS (NON-WORK AREAS): Surveys shall not be conducted on private land.

ACCESSIBILITY: Access shall be by 2WD, 4WD, and walking, as determined by the Contractor’s Presurvey Reconnaissance. Trees that block roads may have to be cut into chunks and moved to allow vehicle access. Walking distances will vary within the project areas. Walking distances will be considered incidental to the work and no additional payment will be made. The Government will not provide special road maintenance or snowplowing to open roads. Spur roads are not maintained and are frequently blocked by earth barriers. A road that has been bermed closed or gated shall be walked and not accessed with motorized vehicles. Private road, over which the Government does not have right of way, may have to detoured around unless the Contractor secures their own permission to cross from the landowner.

Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding.

DEFINITIONS:

Complete Coverage: Survey areas shall be surveyed by walking transects that are close enough together that the next transect is clearly visible and all of the areas has been examined thoroughly.

Infestation: Plants of the same species estimated to be separated by less than a quarter mile are considered the same infestation. Within an infestation, sub-units are separated by more than ~100 feet.

Perimeter: The extent of target species polygons is the furthest site-defining attribute or target species plus one meter.

Target Species: Target Species include the following vascular plant species:

• Invasive Species identified for inventory on the Eldorado National Forest List,

• Any Noxious Weed listed by the California Department of Food and Agriculture.

• Any non-native species new to the Eldorado (not included on the Forest Invasive plant list).

Session: The time spent in the field gathering data. Session lengths are decided by the Contractor.

Sessions shall be discussed during the Survey Planning and shall be between one and 10 continuous days.

Survey: A pedestrian examination in search of Target Species. In addition to the pedestrian examination, surveying includes all the tasks listed under Field Surveys.

Transect: A ~linear strip of ground where the surveyor can see the Target Species by walking down the center and looking left and right. The effective transect width is dependent on the surveyor’s skills, experience and eyesight.

Treatments: Manual treatment of invasive plant infestations includes hand-pulling or digging plants out of the ground, and bagging and removing any viable propagative parts (flowers, fruits, seeds, etc.). Non-propagative plant parts (e.g. stems, leaves, etc) may be piled and left on site where roots are not in contact with the ground.

SPECIFICATIONS: The Government may, at its discretion, at or after award, order the following additional items for Target Species infestations at any time between the submission of the first Session Report and seven days after the submission of the last Session Report.

Item 1.c. Accompany Government on Site Visit.

At the government’s request the contractor shall accompany the Government to the Government selected sites within the project area.

4.0 Government Furnished

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with provisions of FAR Clause 52.245-2 "Government Property (Fixed-Price Contracts)" hereby incorporated by reference into the contract in accordance with FAR clause 52.252-2 “Clauses Incorporated By Reference” found herein.

The following property will be furnished to the Contractor after award, and is available for viewing prior to receipt of proposals, by appointment only, at the Placerville District Office in Camino, CA. For Information call Matt Brown (530) 642-5390 or email matthew.brown1@usda.gov.

GOVT. FURNISHED PROPERTY/

MATERIALS/SERVICES

QUANTITY WHEN WHERE

Orange Noxious Weed Flagging Sufficient Pre-work mtg. Placerville District Office

5.0 Deliverables / Schedule

mailto:matthew.brown1@usda.gov

PRESURVEY

The Contractor shall review the literature and species ecology as well as Government Furnished Property, including Applicable Documents. The Contractor shall familiarize themselves with the known locations, habitats, flowering periods, and identification characteristics of the target species.

The Contractor shall discuss any issues that surfaced with the Government.

Deliverable #1. Presurvey Meeting:

Prior to the start of surveys the contractor shall meet with the Government to develop the survey plan, clarify protocols and expectations, and familiarize themselves with the Project area.

FIELD SURVEYS & TREATMENTS

Following the pre-survey meeting, the contractor shall conduct a thorough pedestrian survey of the “Survey Area” for target species; see project maps and/or coverage files. Field surveys shall be conducted to the intensity necessary to discover the target species. All firelines, roadsides, and point locations shall receive complete coverage (see DEFINITIONS) for invasive plants/noxious weeds.

Infestations shall be recorded, up to 100 feet outside of disturbances, on Government land. To provide a more effective treatment, lower elevation areas will be surveyed first as lower elevation plants will mature earlier than plants growing at higher elevations. Species nomenclature shall follow the Jepson Manual; or abbreviations shall follow the Natural Resource Conservation Service (NRCS) National Plant Database symbol protocol from the NRCS website.

Deliverable #2. Survey, delineation, and treatment of target species.

The Contractor shall survey for target species, delineating as described below:

a. Hang two-foot orange noxious weed flagging ~every 50 feet around the perimeter of the infestation upon discovery.

b. Label one set of flagging nearest the logical access point to the site perimeter with the infestation number, date, species code, and surveyor’s initials.

c. Flags shall be hung as near to eye height as possible.

d. GPS the perimeter of each infestation, on discovery, and submit as an ArcGIS shapefile with the session report.

e. Each infestation should be assigned a temporary ID by the contractor using the following format: “Species Code”-“BAER”-“unique ID” (I.E. AETR-BAER-001).

f. The GPS should have an accuracy of at least ~5m. The mapped locations shall be recorded in the following coordinate system: NAD 1983, CONUS, UTM Zone 10, and meters.

g. GPS’d features shall be attributed in accordance with the provided attribute table template.

There should be one polygon shape file for all like data collected. For Example: one polygon file for invasive plant infestation boundaries. Points may be collected in the field but they shall be appropriately buffered and submitted as an ArcGIS polygon shapefile only.

The Contractor shall manually treat small infestations of target species, on discovery, generally as described below:

a. Remove all invasive plants, including as much of the root as possible. Small plants should be pulled by hand, or dug up with a shovel, disturbing the minimum amount of soil necessary to accomplish the task. See attached document for species-specific protocols: “Treatment Methods Description.”

b. Bag and remove any viable propagative parts (flowers, fruits, seeds, etc.). When plants have already set seed, avoid dislodging additional seed onto the ground.

c. Non-propagative plant parts (e.g. stems, leaves, etc) may be piled and left on site where roots are not in contact with the soil.

d. Crews should limit treatments to 45 minutes during a single day of survey. If infestations will require longer than 45 minutes for a team of two people to treat, or if the species is more effectively treated by herbicide (see attached “Treatment Methods Description”), then the site will not be treated by the contractor and will instead be referred to the ENF for treatment no later than the next session report.

Deliverable #3 Electronic Session Reports At the completion of each survey session (to be determined during presurvey meeting) the contractor will provide the ENF the following:

1) Assessment Form completed electronically in Microsoft Excel (see attached template).

2) Session Summary report

3) Draft GIS data following GIS following attribute table templates provided by the government.

Deliverable #4 Draft Survey Report and GIS data By September 15st, an electronic copy of the draft survey report will be provided to the government in Word format. The government would have 7 days to review these documents. The report should follow the template provided by the Forest Service.

a. The draft report will include copies of Noxious Weed Monitoring Forms.

b. Draft photographs and log sheet will also be included with the draft report. Photo log sheet will include a photo ID, associated infestation ID or UTM for photos not associated with new or existing infestations, date taken, and examiner.

c. Draft GIS data would follow attributes template provided by the government.

Deliverable #5 Final Survey Report and GIS data

A final inventory report will be prepared that has addressed any comments provided to the contractor by the government. It will include the final sets of noxious weed field forms, GIS data, and photographs. Contractor will provide 2 electronic copies of the final report, one as a Word document and the other as a PDF. All final GIS data will be provided to the ENF as shapefiles.

CONTRACTOR-FURNISHED EQUIPMENT:

The Contractor shall provide all labor, housing, supervision, transportation, tools, and materials (except Government-Furnished Property) necessary to perform the requirements of the contract. Specifically, but not necessarily all inclusive, the Contractor shall furnish the items listed below:

CONTRACTOR FURNISHED

CRITICAL ITEMS/SERVICES

QUANTITY DESCRIPTION

Compass, hand lens, ruler One per crew member

Azimuth compass with 2 degree resolution set to local declination.

Gloves, shovel, heavy duty trash/contractor bags

Sufficient Variable amount needed for manual removal of invasive plants.

The Jepson Manual, Higher Plants of Ca., edited by Hickman 1993

One per crew Jepson Manual.

GPS unit and camera One per crew Resource grade or recreation type GPS unit.

6.0 Travel

Extensive travel will be required to access survey targets located throughout the Caldor fire footprint (see contract maps). All travel expenses will be the responsibility of the contractor. Camping is not permitted in US Forest Service campgrounds. Contractor will be permitted to camp elsewhere on US Forest Service land, but only if a safe and previously approved location is identified by the Government. Camping on Forest Service land is not a right; permission may be revoked at any time.

7.0 Contractor’s Key Personnel

Contractor crew members require technical ability to identify all invasive species on the Eldorado National Forest Invasive plant list and any unknown non-native species encountered during surveys.

Contractor will provide resumes for all individuals for approval by Forest Service prior to initiating invasive plant surveys.

8.0 Security Requirements

No security requirements apply.

9.0 Data Rights

The Government has unlimited rights to all documents/material produced under this contract. All documents and materials produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officers. All material supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

10.0 Section 508 – Electronic and Information Technology Standards

No Information Technology is to be acquired under this contract.

Attachments

The following attachments are made a part of this solicitation and any resultant contract.

Title

Attachment 1: Maps

Attachment 2: ENF Invasive Plant List

Attachment 3: Invasive Plant Monitoring Form Template

Attachment 4: Invasive Plant Treatment Methods

Attachment 5: Session report Assessment Form

Attachment 6: GIS Data Attribute Tables

Attachment 7: Final Report Template

Attachment 8: Wage Determination

SECTION C - CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

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

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

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

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

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

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

(NOV 2021)

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in

DEVIATION 2017-1 (AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C 4712 and 10 U.S.C 2409 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (JAN 2022) (DEVIATION JUL 2020)

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

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

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

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

☐ (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. 6101note).

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

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

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15

U.S.C.657a).

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

Concerns (Sep 2021) 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).

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

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

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

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

(3)).

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (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 (Sep 2021) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

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

☐ (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 (Sep 2021) (15 U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (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 (Sep 2021) (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 (Sep 2021) (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)).

☐ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

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

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)

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

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

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

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

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

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

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

U.S.C.793).

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

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

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

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

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

E.O. 13627).

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

☐ (36) 52.222-54, Employment Eligibility Verification (Nov 2021). (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 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.)

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

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

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

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

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

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

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

8259b).

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

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

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

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

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

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

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

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

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

(DEVIATION JUL 2020) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub.

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

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

☐ (iii) (ii) Alternate II (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

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

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

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (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.2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

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

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

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

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

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

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

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

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

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

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

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

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

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

chapter 67).

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

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

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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

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

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

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

U.S.C. 1792).

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

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

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

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

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

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

3509).

(ii) 52.203-19, 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 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR

19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(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) (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 (Nov 2021) (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. 2302 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) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph

(d) of FAR clause 52.247-64.

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

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

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

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (OCT 2021)

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.

Period of Performance

The period of performance of this contract is from 6/15/2022 through 9/30/2022.

Restrictions Against Disclosure

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the

Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

Data Rights – General

1. The contractor will treat all deliverables under the contract as the property of the U.S.

Government for which the Government Agency has unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

2. The contractor will not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

3. The contractor will not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

4. The contractor will not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

5. The Government Agency owns the rights to all data/records produced as part of this contract.

6. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor will deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

7. The contractor agrees to comply with Federal and agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

8. No disposition of documents will be allowed without the prior written consent of the contracting officer. The agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the agency or destroyed without regard to the provisions of the agency records schedules.

9. The contractor is required to obtain the contracting officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and agency guidance for protecting sensitive and proprietary information.

10. The contracting officer needs to inform contractors of their responsibilities regarding records management if the contract involves access to agency records.

SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Title

Attachment 1: Maps

Attachment 2: ENF Invasive Plant List

Attachment 3: Invasive Plant Monitoring Form Template

Attachment 4: Invasive Plant Treatment Methods

Attachment 5: Session report Assessment Form

Attachment 6: GIS Data Attribute Tables

Attachment 7: Final Report Template

Attachment 8: Wage Determination

SECTION E - SOLICITATION PROVISIONS

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