12363N25Q4141 Cleveland NF Airport Fire BAER EDRR.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation is issued as a Request for Quotation (RFQ)

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-04.

This procurement is set aside for Small Business. The NAICS code is 115310 and the Small Business Size Standard is $11.5 million.

One award will be made from this solicitation, contractors must submit pricing for all items.

Schedule of Items/Price Schedule

Item Qty Unit of Issue Unit Price Total Price

0001 Weed Survey of Dozer Lines, Impacted Roads and Riparian Area

142 Acres $ $

0002 Weed eradication as needed Up to

Acres $ N/A

Total Price $ Date and time needed Date of Award through 8/15/2025

**MUST HAVE ALL INFO BELOW**

Company Name:

BPA or IDIQ Number

Vendor Rep:

Phone:

Email:

Mailing Address:

UEI SAM #

**QUOTES ARE DUE BY: 07/02/2025 by 11:00AM PT**

One award will be made from this solicitation, contractors must submit pricing for all items.

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 1 of 36

Project

Airport Fire BAER – EDRR Weed Survey

General Information

1.0 Scope of Work

The purpose of this project is to procure services to survey for certain non-native plants in areas affected by the 2024 Airport Fire. Survey and treatment areas will include: bull dozer lines, roadsides, and riparian areas within and nearby the Airport Fire footprint on the Trabuco Ranger District of the Cleveland National Forest. The contractor will survey 135 acres on the Cleveland National Forest. Survey will prioritize known non-native weed infestations that were impacted by the fire and fire suppression activities (Table 2) and to survey for possible new infestations along dozer lines and roads.

Access to survey areas is by vehicle and foot. Vehicle access includes a variety of road conditions including ungraded dirt roads. Roads are frequently traveled and used by forest staff and neighboring residents, so care will be needed in these areas. Survey work may occur on rough, uneven and remote terrain and will require hiking.

The Cleveland National Forest will be ordering botanical survey crew to survey areas shown in Fig 1. The days worked may be non-contiguous.

The contractor will provide:

A survey crew(s) of at least two botanists to survey areas for invasive plants. The crew will survey the areas shown in Fig 1 over one season (6/1/2025 -7/31/2025). This crew will consist of one experienced botanist who will be able to identify weed species of concern (including new introductions to the County) and one individual that can identify target plants with the assistance of the primary botanist.

Some work may occur in remote locations requiring substantial driving on rough, infrequently maintained dirt roads and hiking on uneven terrain, riparian corridors, and steep slopes.

2.0 Background

Location: The project is located on the Trabuco Ranger District of the Cleveland National Forest, in and around the Airport Fire footprint, where previous weed infestations were observed and heavy equipment and/or crews worked on fire suppression (Fig. 1).

Description: The 2024 Airport Fire burned over 23K acres on the Trabuco Ranger District of the Cleveland National Forest. The fire burned areas with known weed infestations that are likely to spread in the post-fire environment. In addition, suppression activities, including the creation of “dozer lines” have the potential of introducing or spreading weed infestations. This contract will provide labor and material supplies for surveying for new weed infestations and treating, either manually or with herbicides, new and existing weed infestations in the Airport fire burned area and suppression footprint.

The Trabuco Ranger District and Santa Ana Mountains encompass multiple vegetation communities across diverse, steep terrain. Canyons are narrow and steep walled, ridges may be uneven and steep.

Most weed infestations that will need immediate survey and treatment may be located along roads, 12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 2 of 36 trails, and dozer lines, which are the main transportation corridors for weed spread after fire.

Approximately 491 acres will need visual assessment and survey for weeds, while approximately 491 acres (or less, depending on detection surveys and access, Table 1) may require weed removal treatments, including but not limited to chemical treatments (herbicide applications) and/or mechanical removal (weed wrenches, hand tools).

Table 1. Potential acres of survey and treatment shown below.

Survey Area Type Acres

Completed Dozer Line 51

Completed Fuel Break 29

Riparian Area 16

Completed Road as Line 46

Grand Total 142

Maps: A general map of the work area is attached as Figure 1. GIS shapefiles and layers will also be provided.

Contractor Requirements

3.0 Technical Requirements / Tasks

3.1. General Requirements

• The Contractor shall furnish the necessary personnel, supplies, materials, equipment, transportation, services and facilities to perform these specifications.

• Any prospective contractor bidding on this contract must provide a list of experience conducting botantical/invasive weed surveys in wildland settings. Award will be based on best value, considering cost AND work experience doing similar weed removal work in remote, backcountry locations.

3.3. Survey Crew Requirements

• Survey will conducted by crews consisting of at least two qualified individuals with ability to identify target plant species, including uncommon or new introductions and with the ability to operate a GPS for mapping species locations. Contractor can use multiple crews, or larger crews, but for safety reasons no one can conduct survey work alone. One of the individuals will have formal botany training and have demonstrated experience surveying for weeds of concern in Southern California.

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 3 of 36

• Target plant species will be discussed with the COR of this contract with input from the Cleveland National Forest Botanist. The main species of concern are stinknet, yellow starthistle, tamarisk, artichoke thistle, sweet fennel, Spanish broom, fountaingrass, and sahara mustard. The survey will not focus on common, highly abundant non-native species.

• Survey will require hiking over rough terrain and rocks with little to no shade.

• Data will be submitted in a GIS format. Shapefile or geodatabase is acceptable.

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 4 of 36

Fig. 1. Map of survey areas

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 5 of 36

Fig 2. Bedord Truck Trail detail

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 6 of 36

Fig 3. North Main Divide Road Detail.

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 7 of 36

Fig 4. Bell Canyon Detail

Fig.5 San Mateo Wilderness Dozer Line

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 8 of 36

Table 2. List of previously observed non-native weed targets prioritized for survey

Species Common name

General location

Burned/ Suppression Areas

Impact Survey priority

Ageratina adenophor a sticky snakeroot riparian areas, Bell Canyon, along streams

Suppression Quickly establishes and forms dense thickets, displacing native vegetation, altering ecosystems.

Moderate

Arundo donax giant reed riparian areas near cabin tracts, Trabuco Canyon

Both

Quickly establishes and forms dense clonal thickets, displacing native vegetation, and altering riparian ecosystems.

High

Carduus pycnoceph alus

Italian thistle

San Juan Campground, Ortega Hwy, Blue Jay and Falcon meadows, Upper San Juan Campground staging area, roadsides, and trails

Both Quickly establishes and forms dense thickets, displacing native vegetation, altering ecosystems.

Moderate

Centaurea solistitialis yellow starthistle

Ortega Hwy, unco Meadow, Bedford Truck Trail, Main Divide Rd

Both

Quickly establishes and forms dense thickets; easily dispersed by wind and animals. Displaces native vegetation cover and alters vegetation communities and ecosystems.

High

Cirsium vulgare bull thistle

Blue Jay and Falcon Meadows, riparian areas, Bear Spring/Main

Both

Easily establishes and spreads in riparian areas. Alters soil chemistry and salinity in riparian areas-potentially impacting native vegetation recovery/growth.

High

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 9 of 36

Divide Rd, Holy Jim Canyon

Cynara cardunculu s artichoke thistle

Sitton Peak Rd, Ortega Hwy

Suppression

Quickly establishes and forms dense thickets; easily dispersed by wind and animals. Displaces native vegetation cover and alters vegetation communities and ecosystems.

High

Foeniculum vulgare sweet fennel

Ortega Hwy, Trabuco Canyon Rd trails (Holy Jim, Trabuco Canyon)

Both

Quickly establishes and forms dense thickets; easily dispersed by wind and animals. Displaces native vegetation cover and alters vegetation communities and ecosystems.

High

Ficus carica edible fig Holy Jim Canyon

Burned Quickly establishes and forms dense thickets, displacing native vegetation, altering ecosystems.

High

Nicotiana glauca tree tobacco Ortega Hwy, roadsides

Suppression Grows along roadsides and in riparian areas, if introduced.

Somewhat of a fire-follower.

Moderate

Oncosipho n piluliferum stinknet

Main Divide Rd, Holy Fire burn scar, Divison F private property leading to FS lands

Both

Highly invasive and spreads easily through openings in coastal sage scrub and chaparral habitats.

Formerly detected along Main Divide Rd in Holy Fire burn area.

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 10 of 36

Pennisetu m setaceum fountaingrass Ortega Hwy, roadsides, trails

Suppression

Forms dense clonal thickets in chaparral and coastal sage scrub, and displaces native vegetation.

Vegetatively grows and reproduces by seed.

High

Rubus americanu m

Himalayan blackberry

Trabuco Canyon

Suppression

Forms dense thickets in riparian areas and displaces native vegetation. Grows vegetatively and reproduces by seed.

Moderate

Salsola australis prickly Russian thistle

Bedford Truck Trail, roadsides, trails

Suppression Forms dense thickets and displaces native vegetation, altering ecosystems.

High

Sisymbrium altissimum and/or Hirschfelid a incana tall tumblemustar d and shortpod mustard various campgrounds, Junco Meadow, Blue Jay Meadow, roadsides, trails, driveway areas

Both Forms dense thickets and displaces native vegetation, altering ecosystems.

Moderate

Spartium junceum

Spanish broom

Ortega Hwy, San Juan Campground, El Cariso Campground, Main Divide Rd

Both Forms dense thickets and displaces native vegetation, altering ecosystems.

High

Tamarix parviflora tamarisk/salt cedar riparian areas, along streams, Bedford Truck Trail, Cold Creek Canyon, Trabuco Canyon Creek, Los Pinos CCC reservior

Both

Easily establishes and spreads in riparian areas. Alters soil chemistry in riparian areas- potentially impacting native vegetation recovery/growth.

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 11 of 36

4.0 Government Furnished

• The Government will provide gate key for vehicular access to some work sites.

• The Government will also provide GIS data of infestations, suppression areas and land ownership.

5.0 Deliverables / Schedule

Estimated Start Date & Contract Time

Projected Start Date: June 1st, 2025 Projected Completion Date: July 31st, 2025

Work will occur during optimal times to detect target species (see Table 2).

Deliverables:

The contractor will deliver a summary of all survey efforts and accompanying spatial data.

• Summary will include description of where and when surveys occurred and target species mapped and detected.

• Spatial data must be submitted in an ESRI ArcPro compatible format, either shapefile or geodatabase. The spatial data must include the spatial extent of areas surveyed as a polygon, and point/polygon data of target species detected including attributes for species (using USDA plant codes) and percent cover of target species in mapped polygon, and date surveyed.

6.0 Travel

The work will require multiday trips to the project area. The cost of travel will be included in the firm fixed price paid for acre of survey and not as a separately reimbursable expense.

7.0 Contractor’s Key Personnel

• Survey will be conducted by at least two qualified individuals with ability to identify target plant species, including uncommon or new introductions and with the ability to operate a GPS for mapping species locations. One of the individuals will have formal botany training and have demonstrated experience surveying for weeds of concern in Southern California. The second individual must be able to identify target weed species with technical assistance from the formal botanist.

8.0 Security Requirements

Not applicable

9.0 Data Rights

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 12 of 36

The data provided to the Government will become the property of the US Government.

10.0 Section 508 – Electronic and Information Technology Standards

Not applicable

Attachment

EVALUATION CRITERIA

Price, Availability, Relevant Past Performance, and technical proposal (including plan for completing the work i.e. work plan) will be considered for the “Best Value” evaluation. The order of importance corresponds with each criteria’s preceding order of appearance.

FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) (Provision)

Addenda to provision FAR 52.212-1:

Addenda to Provision FAR 52.212-1 paragraph (b) Submission of Offers:

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

2) Quotes submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.

a) Technical Proposal – The technical proposal shall address the evaluation factors in FAR 52.212-2. At a minimum technical proposal shall include:

i) 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. In the event that there is no past performance information available, the offeror will receive a neutral rating in this factor.

ii) Technical Capability – Provide a list of equipment and key personnel (with qualifications) that will be used to complete this project.

b) Price Proposal – Include the following: 1) the completed Schedule of Items from Section B of this solicitation, and 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).

NOTICE: SAM updates may lag policy updates and may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including:

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 13 of 36 https://www.sam.gov/SAM/

• FAR 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation

• Paragraph (d) & (t) of 52.212-3, Offeror Representations and Certifications— Commercial Products and Commercial Services

Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

(End of provision)

FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision)

(a) 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 shall be used to evaluate offers:

1)Technical ability

2) Relevant past performance

3) Price

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

(End of provision)

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) (Provision)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 14 of 36 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision)

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

(a) Definitions. As used in this provision—

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 15 of 36 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

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

(i) For covered equipment—

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

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

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

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 16 of 36 https://www.sam.gov/

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided;

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

(End of provision)

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025) (Provision)

[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 17 of 36

Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:]

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201).

(End of provision)

FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (JAN 2025)

(DEVIATION FEB 2025)

(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) FAR 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) FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) FAR 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).

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 18 of 36 http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876 https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23

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

(5) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) FAR 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

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

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

[Contracting Officer check as appropriate.]

☒ (4) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

☐ (6) [Reserved].

☒ (11)(i) FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—

Prohibition (Dec 2023) (Pub. L. 115–390, title II)

☐ (14) [Reserved].

☐ (17) [Reserved] ☒ (18) (i) FAR 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

☒ (31) FAR 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

☐ (33) [Reserved] ☐ (34) [Reserved] ☒ (39) (i) FAR 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter

78 and E.O. 13627).

☒ (46) FAR 52.223-23, Sustainable Products and Services (MAY 2024) (DEVIATION FEB

2025) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

☒ (55) FAR 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While

Driving (MAY 2024) (E.O. 13513).

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

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

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 19 of 36 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-23#FAR_52_223_23 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/7671l https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.226-8#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513 https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim

☒ (63) FAR 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

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

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

☒ (2) FAR 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29

U.S.C. 206 and 41 U.S.C. chapter 67).

☒ (4) FAR 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).

☒ (7) FAR 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (Jan 2022).

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

13706).

(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 FAR 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-

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 20 of 36 https://www.acquisition.gov/far/52.240-1#FAR_52_240_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-42#FAR_52_222_42 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-44#FAR_52_222_44 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/52.215-2#FAR_52_215_2 https://www.acquisition.gov/far/subpart-4.7#FAR_Subpart_4_7

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

(ii) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.

4712).

(iii) FAR 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)).

(iv) FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) FAR 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).

(vi) FAR 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) (A) FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of FAR 52.204–30.

(viii) FAR 52.219-8, Utilization of Small Business Concerns (JAN 2025) (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 FAR 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [Reserved]

(x) [Reserved]

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

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

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

(xiv) FAR 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 FAR 52.222-40.

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

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 21 of 36 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/19.702#FAR_19_702 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-41#FAR_52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim

(xvi) (A) FAR 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 FAR 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

(xvii) FAR 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).

(xviii) FAR 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).

(xix) FAR 52.222-54, Employment Eligibility Verification (JAN 2025) (E.O. 12989).

(xx) FAR 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

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

13706).

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

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

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

(xxiv) FAR 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 FAR 52.226-6.

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

(xxvi) FAR 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) FAR 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 FAR 52.247-64.

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

(End of clause)

Additional Requirements/Terms and Conditions:

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 22 of 36 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-51#FAR_52_222_51 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-53#FAR_52_222_53 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.federalregister.gov/executive-order/12989 https://www.acquisition.gov/far/52.222-55#FAR_52_222_55 https://www.acquisition.gov/far/52.222-62#FAR_52_222_62 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-26#FAR_52_225_26 https://www.acquisition.gov/far/52.226-6#FAR_52_226_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.226-6#FAR_52_226_6 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.acquisition.gov/far/52.240-1#FAR_52_240_1 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3901&num=0&edition=prelim https://www.acquisition.gov/far/52.247-64#FAR_52_247_64 https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64

Clauses Incorporated by Reference

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

FAR 52.242-17 Government Delay of Work (APR 1984) AGAR 452.204-70 Modification for Contract Closeout

Clauses Incorporated by Full Text

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

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

(End of clause)

FAR 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): https://www.acquisition.gov/browse/index/far (Clauses are located at FAR part 52 and begin with 52)

Department of Agriculture Acquisition Regulation (AGAR):https://www.acquisition.gov/agar (Clauses are located at AGAR part 452 and begin with 452)

Deviations to clauses may be viewed at: USDA FAR Class Deviations

(End of clause)

FAR 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.

(End of clause)

12363N25Q4141 Cleveland NF Airport Fire BAER EDRR Weed Control Page 23 of 36 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/agar https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses https://www.usda.gov/about-usda/general-information/staff-offices/departmental-administration/office-contracting-and-procurement-ocp/usda-far-class-deviations

Provisions Incorporated by Reference

FAR 52.201-1 Acquisition 360: Voluntary Survey (SEP 2023) FAR 52.204-7 System for Award Management (NOV 2024) FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023) FAR 52.207-6 Solicitations and Offers from Small Business Concerns and Small Business

Teaming Arrangements or Joint Ventures (Multiple Award Contracts)

(AUG 2024)

FAR 52.216-27 Single or Multiple Award (OCT 1995) FAR 52.216-28 Multiple Awards for Advisory and Assistance Services (OCT 1995) FAR 52.217-10 Reverse Auction (AUG 2024) FAR 52.219-31 Notice of Small Business Reserve (MAR 2020) FAR 52.223-1 Biobased Product Certification (MAY 2024) (DEVIATION FEB 2025) FAR 52.223-4 Recovered Material Certification (MAY 2008) FAR 52.237-1 Site Visit (APR 1984)

Provisions Incorporated by Full Text

FAR 52.252-1…