1240LP23Q0063-Bovee Fire Noxious Weed Spraying Services.pdf

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1240LP23Q0063

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1 331097205OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

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HALSEY NE 69142

40637 RIVER LOOP

BESSEY NURSERY

DEPT OF AGRICULTURE FOREST SERVICE

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OGDEN UT 84401-2310

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SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Nebraska National Forests and Grasslands Bessey Ranger District

Bovee Fire Noxious Weed Spraying Services Period of Performance: 06/12/2023 to 09/29/2023

0001 Weed Spraying & Scouting for Bovee Burn Area of the Bessey Ranger District Product/Service Code: F018 Product/Service Description: NATURAL Continued ...

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33 2 of

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule

Schedule of Items

Project Description:, Bessey Ranger District- Bovee Fire Area Noxious Weed Treatment

Vendor Name: __________________________________Vendor UEI:___________________

Line Item Description # of

Acres Unit

Price per Acre

Total Not to Exceed Price per Line

Item

#1

Unit 1 Scout and Spray Bulldozed Lines, all Trails and all Roads for weeds in the list below (2.2.6). (See attached map).

Not to Exceed $41,910

Optional Line Items

#2 Unit 2 Spray Known Weed

Infestations (See attached map).

80 If funds allow.

#3 Unit 3 Scout Entire Area of the

Bovee Fire (See attached map).

4260 If funds allow.

GRAND TOTAL

Not to Exceed $41,910

Schedule Notes:

a) Items labeled as optional are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

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

c) Pricing is based on best price per acre not to exceed the total amount.

SCOPE OF CONTRACT

The services covered in this solicitation and resultant contract are for scouting weed infestations, mapping these locations, and applying herbicides for the control of noxious weeds on Public Lands. Areas to be treated are predominately forested and within perimeter of the Bovee fire boundary on the Bessey Ranger District. The species being targeted are: Leafy Spurge, Canada Thistle, Musk Thistle, Crown Vetch, Bull Thistle, and Common Mullein. The attached map represents known locations of noxious weeds based on 2022 inventory.

LOCATION AND DESCRIPTION

Project areas that are included under this contract are Forest Service lands within the allotments of the Bessey Ranger District. Maps showing the treatment area and past infestation locations are attached. Scouting and spraying 100 feet on either side of all roads and bulldozed lines on the Forest Service lands that were affected by the Bovee Fire are the first priority. The second priority is spraying all pre-existing weed infestations with in the Bovee fire boundaries. The third priority is to scout the general Bovee Fire area for weed infestations or potential weed infestations. New infestations are possible due to fire disturbance. Areas of limited access exist within the treatment area. In these areas the contractor shall select a method of travel (motorized, foot,) in meeting the contract specs.

If priority areas overlap then the area falls into the higher priority and should only be scouted and/or sprayed one time.

TECHNICAL SPECIFICATIONS PERFORMANCE STATEMENT OF WORK

(PWS)

NOXIOUS WEED TREATMENT SERVICES

SECTION I – GENERAL

1.1 SCOPE OF WORK. The contractor shall be required to:

• Furnish any and all labor, transportation, equipment, herbicide, supplies (including personal protective equipment), services, supervision, permits, and licenses necessary to treat noxious weeds. The Forest Service may potently allow contractors to use hydrants by the office for water, but the contractor will be responsible for transportation of water to spraying sites and all hoses and other tools needed.

• Spot applications by equipment can require 25 gallons of water/herbicide mix per acre for the target species. Contractor will be required to transport water to all sites.

• Apply herbicide at optimal stage of plant development to be most effective. For the species being treated, this could require the contractor to return to an area at varying times. The preferred development stage for all targeted species is in the rosette to flowering stage or when at or beyond the bud stage.

• The successful contractor shall submit treatment data in the specific data format based on collection method. For Trimble data collection will be done with an ESRI ArcGIS version 9.0 file geodatabase. Mobile data collection is submitted through ArcGIS Online database. The database contains the spatial and tabular data. Many data elements are required.

• Contractor will provide GIS based maps along with raw GPS data (datum used shall be discussed with Forest Service before collection of GPS data) of treated areas along with pesticide application records (hard copy field sheets) to the Forest Service bi-weekly and at the completion of treatment. The contractor will also be required to provide the Forest Service with total pounds/gallons of active ingredient per acre applied at the conclusion of the project.

• Contractor will scout for new or potential infestations’ locations and provide the Forest Service with maps and GIS data of these areas. These maps should include location of infestations, species, and estimate of infestation size.

• Contractor will comply with all pesticide use requirements set forth under Title 25, Chapter 2, Nebraska Administrative Code and follow all OSHA guidelines.

• This statement of work consists of completing the tasks/subtasks in Section V to the performance requirements of Section VII. Services shall be in compliance with the terms, conditions, and specifications herein.

1.1.1 LOCATION DESCRIPTION. Attached maps shows locations and priority locations. A 100-foot buffer on both sides of the bulldozed lines, trails, and roads are the highest priority areas because these locations seen the most traffic and disturbance during the wildfire. The second priority is to scout all pre-existing infestations within the Bovee fire area. The third priority is to scout for existing and potential weed infestations with in the general Bovee fire area. The priority locations on the maps are for reference only and are approximate in nature.

1.1.2 PERIOD OF PERFORMANCE. Services covered in this solicitation and resultant contract are to be performed during the 2023 field season. Work may begin when the target plants are actively growing, and weather conditions allow them to be susceptible to herbicide effects as per label directions. Work may begin on or about the beginning of June 5, 2023, and the contractor shall complete all fieldwork by September 15, 2023. All reports are due no later than two weeks following completion of field work.

1.1.3 ACCESSIBILITY. Specific site maps identifying units and road access shall be provided to the contractor.

1.1.4 BOUNDARIES. Maps will be provided to the contractor detailing the treatment area and identifying any interior private lands. Scouting and spraying of weeds will take place on Forest Service lands only.

1.1.5 NOXIOUS AND INVASIVE WEEDS. The contractor shall be experienced in noxious and invasive weed management and herbicide use. The contractor shall be able to identify target weed species in all stages of development and to distinguish between target and non-target species.

1.1.6 CONTRACTOR REPRESENTATIVE. The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative and alternate(s) must be able to read, write, speak, and understand English.

SECTION II – DEFINITIONS

2.1 STANDARD DEFINITIONS

2.1.1 ACCEPTABLE QUALITY LEVEL (AQL). The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

2.1.2 DEFECTIVE SERVICE. A unit of service which contains one or more defects, or nonconformance with specified requirements.

2.1.3 PERFORMANCE REQUIREMENTS SUMMARY (PRS). Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

2.1.4 QUALITY ASSURANCE. Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

2.1.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR). A government person appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

2.1.6 GOVERNMENT INSPECTOR. A government person responsible for surveillance of contractor performance.

2.1.7 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the contractor.

2.1.8 QUALITY CONTROL. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

2.1.9 SPRAY SHEET. Blank field spray sheets that the contractor uses to document location and type of herbicide used on a particular area and weed species will be provided by the NNFG. Spray sheets are required to be submitted to the COR/Inspector.

2.1.10 RANDOM SAMPLING. A sampling method in which each service output in a unit has an equal chance of being selected.

2.2 TECHNICAL DEFINITIONS

2.2.1 ACCESS TO TREATMENT AREAS: Access to treatment areas requires travel and treatment operations on or near: paved roads, UTV trails, and non-graveled two track Forest Service roads. The treatment areas may be along or away from roads and within areas with no developed road access. Access is allowed off designated routes as displayed in the Nebraska National Forest’s Motorized Vehicle Use Map by authorization only issued by the Bessey Ranger District Ranger. Your access must be timed such that road or trail surfaces are not subjected to unreasonable resource damage.

2.2.2 BOOM SPRAYER: Spray equipment capable of delivering a minimum of 20 gallons per acre. Boom sprayers shall be equipped with an identifier system to minimize swath overlap such as a ribbon or flagging system. ATV/UTV boom- less nozzles are not considered as boom sprayers.

2.2.3 CLEANUP AND DISPOSAL: Clean up and disposal of excess herbicide and empty containers is the contractor’s responsibility and will be in accordance with the manufacturer’s instructions and applicable to Federal and State Laws.

2.2.4 Data Collection SPECIFICATIONS:

Field Survey Operations and Procedures:

Treat and record noxious weed sites in accordance with the Nebraska National Forests and Grassland Noxious Weed User Guide (separate attachment) of this solicitation. During the contract the contractor is required to submit raw GPS data and accurate field sheets to the COR bi-weekly to ensure that the information is being recorded correctly. Raw data includes raw GPS files or submission of data to ArcGIS Online, and field sheets with the following required information; spray location, date sprayed, calibrated application rate, chemical used, percent solution or volume of chemical per gallon and total amount sprayed in gallons including dilutant/water.

Upon completion of an individual treatment area, the contractor shall submit all data within 10 calendar days to the COR or Inspector. If deficiencies are found, all data will be returned for corrections.

Data collection options:

1. ArcGIS Field Maps

2. ArcGIS Survey 123

3. Trimble GPS unit

*Field Maps is the preferred method.

Collection Requirements for ArcGIS Field Maps or ArcGIS Survey123

• eAuth account

• ArcGIS Online Account (USFS partner account)

• ArcGIS Field Maps or ArcGIS Survey123 application installed on a location enabled mobile device.

Instructions for raw data collection with ArcGIS Field Maps or ArcGIS Survey123:

1. Access and download the Moblie Nox Weeds map to a location enabled mobile device, collect information in the field.

2. Use ArcGIS Online to review data and make any edits needed to data (fill in missing attributes) and ensure Field Data Forms totals match recorded in spatial data.

The Forest Service will provide the following to ArcGIS, Field Maps or ArcGIS Survey 123 users:

• Hard copy maps of detailed treatment areas

• A blank application record sheet (NNF Field Sheet)

• Access to data collection mobile map(s) with NNFG Noxious weed data dictionary edit layers.

Final GPS products submission for ArcGIS Field Maps or ArcGIS Survey 123:

The following digital data is to be electronic: Field/spraying sheets, notification to Forest Service that edits to data in ArcGIS Online are complete.

Collection Requirements for Trimble GPS Units:

• Trimble GPS unit capable of loading and using NNFG Noxious weed data dictionary (.ddf) files. Concurrent GPS software.

• Computer with hardware capacity to run ArcGIS software to convert GPS data into ArcGIS geodatabase.

• Knowledge and understanding of the requirements of the NNFG Weeds GPS User Guide.

• Knowledge of GPS and ArcGIS accuracy and standards.

Spatial Data Specifications for Trimble GPS Use:

1. GPS data will be referenced using the following export coordinate system, units, and velocity:

System UTM Zone 13 North Datum NAD83 (Conus) CORS96 Units Feet Altitude HAE Distance Feet Area Square Feet or Acre Velocity Feet per second

2. Geodatabase will be exported using code values assigned in the Data Dictionary along with the additional attributes:

• PDOP

• Receiver Type

• Correction Status

• Data File Name

Final GPS products submission for Trimble GPS

The following digital data is to be electronic: Field/spraying sheets, raw GPS files that have been differentially corrected, and exported GIS geodatabase.

The Forest Service will provide the following for Trimble users:

• Hard copy maps of detailed treatment areas.

• A blank application record sheet (NNF Field Sheet)

• The Nebraska National Forests and Grassland Weeds GPS User Guide

• Weed Data Dictionary compatible with Trimble GPS units (provided after contract award).

Collection Instructions for Survey123 or Fieldmaps

Accounts needed:

• Survey123 or Fieldmaps account

• ArcGIS online account

• eAuth account

Forest service provides:

• Field data forms

• Access to collector map(s)

Instructions for raw data Collection:

1. Access and download the Mobile collector map to mobile device, collect information.

2. Use ArcGIS online to review data and make any edits needed to data (fill in missing attributes) and ensure Field Data Forms totals match totals recorded in spatial data.

***No matter the method of data collection field sheets and hand drawn polygons on imagery or topo maps must be submitted either via hard copies or through email to the COR. Forest service can provide maps.

2.2.5 MIXING SITE: All mixing and rinsing during the operational period will take place in the field within the treatment areas at a distance no less than 100 feet from any stream course, trees, or crops. All mixing and rinsing prior to the start of each season or at the end of the season, shall be prohibited on National Forest. Rinsate will be reused as spray solution as much as possible until project completion. Rinsate application rates shall not exceed ¾ ounce per acre.

2.2.6 NOXIOUS WEED LIST:

Below is a table of commonly known weed infestations that have been recorded on the forest.

Code Scientific Name Common Name CIAR4 Cirsium arvense Canada thistle VETH Verbascum thapsus L. Common mullein SEVA Securigera varia L. Crown vetch CANU4 Carduus nutans Musk thistle EUES Euphorbia esula Leafy spurge CIVU Cirsium vulgare Bull thistle

2.2.7 SPRAY EQUIPMENT: All spray equipment shall be accurately calibrated to ensure herbicide is applied as per manufacturer recommended application rates. Forest Service representative can be present to check calibration prior to starting. All spray equipment would be operated in accordance with owner’s manuals. Weed treatment accomplished by the use of spray equipment installed in trucks, ATVs, or UTVs would follow manufacturer specifications and recommendations, including those specific to weight restrictions.

2.2.8 WEATHER CONDITIONS: Herbicide shall not be applied if temperatures exceed 95 degrees and or the wind speed exceeds 15 mph in all areas.

2.2.9 WEED DATA DICTIONARY: A data dictionary is a list of features and attributes that are collected in the field. It ensures that the collected data is always consistent. In the field, the data dictionary structures and speeds up data collection and allow crews to enter data in the correct format. This ensures data uniformity and integrity, as well as compatibility with the GIS database. The Government provides the data dictionary to the contractor.

2.2.10 Herbicide

• All regulations, restrictions, and application rates according to specimen labels and OSHA regulations must be followed.

• Contact the COR or Rangeland Management Specialist when working with herbicide that has grazing restrictions.

• The COR or Rangeland Management Specialist will approve the herbicide list before any spraying is done.

SECTION IV - CONTRACTOR FURNISHED ITEMS/SERVICES

The contractor shall furnish everything, including herbicide and water transportation, required to perform this contract.

SECTION V - PERFORMANCE WORK STATEMENT TASKS AND CRITICAL

SUBTASKS

The following tasks are to be performed to the quality performance requirements shown on the Performance Requirements Summary table in Section VII.

1.1. WEED TREATMENT/INVENTORY/DATA: The contractor shall apply herbicide according to product’s label in order to treat noxious weeds on the Bessey Ranger District and each treatment shall be recorded with spatial data and application record field sheets.

1.1.1. Herbicide will be applied at the optimal stage of plant development to be most effective. For the species being treated, this could require the contractor to return to an area at varying times. The preferred development stage for all targeted species is in the rosette to flowering stage.

1.1.2. Record data on each site treated according to the attached requirements. On a regular basis, provide the COR with information as to where the recent treatments have been made.

4.1 SUBMITTALS: The contractor shall provide the following submittals:

4.2.1 QUALITY CONTROL PLAN (QCP): The contractor shall establish and maintain a complete Quality Control Plan acceptable to the Government to ensure the requirements of the contract are provided as specified. The QCP includes the contractor’s inspection system and the method for identifying and preventing defectives in the quality of service preformed. No work may start until the Contractor’s Quality Control Plan is submitted and accepted by the Government, and the Notice to Proceed is issued.

4.2.2 WORK PLAN: The Work Plan shall describe how the contractor plans to perform the project, including methods, personnel certifications and calibration rates, and list of equipment by make and model. No work may start until the Contractor’s Work Plan is submitted and accepted by the Government and the Notice to Proceed is issued.

4.2.3. PROGRESS SCHEDULE: The contractor shall prepare and submit a practical schedule showing the order in which the contractor will perform the work and the dates on which the contractor contemplates starting and completing each task unless specific treatment areas list both required start and stop work dates. No work may start until the Contractor’s Progress Schedule is submitted to and accepted by the Government, and the Notice to Proceed is issued.

4.2.4 DATA SUBMITTAL: The contractor shall provide spatial data in an electronic format and hard copy application records. Submit data to the COR every 2 weeks to confirm the data is being collected correctly. These items are to be submitted to the COR no later than September 15, 2023. Inaccurate or incomplete data will be returned to the contractor for correction.

SECTION VI - GOVERNMENT PUBLICATIONS/INDUSTRY STANDARDS/STATE

STANDARDS/GOVERNMENT STANDARDS/TECHNICAL EXHIBITS

Technical specifications and attachments:

• All spray equipment must be capable of delivering at least 10 gallons per acre.

• Contractor must certify that spray equipment can be accurately calibrated, and the products applied at required label rates.

• Contractor shall comply with all federal, state, and local rules, regulations, and laws pertaining to the work required by this contract.

• Contractor will be required to adhere to all aspects of pesticide labels used during treatment.

• Target weed species shall be sprayed at optimal stage of development for herbicidal action to take place. Timing will be consistent with factors such as target species growth stage, product formulation and weather.

• Treatment areas shall be uniformly traversed with spray vehicles. Overlap of spray swaths should be kept to a minimum. Spray vehicles should be equipped with an identifier or an identifier system to insure reduced overlap of spray swaths. Spray will not come in contact with standing water in ponds or drainages. Care will be taken to avoid spray contact with adjacent crop fields, trees, and stock tanks.

• Spraying will cease in the event of rain or wind in excess of 15 miles per hour or when temperatures exceed 95 degrees Fahrenheit. No spraying or scouting will take place during high fire risk days or times of days when fire risk is high due to weather conditions.

• Mixing and rinsing will take place in the field within treatment areas at a distance greater than 100ft. upstream of standing water, trees, or crops. Rinsate will be reused as spray solution as much as possible until project completion. Final leftover Rinsate may be applied to treatment areas.

• Contractor shall ensure all equipment moved onto National Forest System land is free of soil, seeds, vegetative matter, or other debris that could contain or hold noxious weed seed.

The Forest Service may request inspection of equipment prior to it being placed into service.

• Payment for treatment and scouting will be based on acres of noxious weeds sprayed with herbicide and/or maps of areas scouted.

• Preparing tank mixes, cleaning spray equipment, or disposing of herbicide containers shall not occur at any Forest Service facility.

• All equipment used in treatment will have adequate fire extinguishers and other fire prevention mechanisms.

SECTION VII - PERFORMANCE REQUIREMENTS SUMMARY

TASK/

SUBTASK

PERFORMANCE

STANDARD

ACCEPTABLE

QUALITY

LEVEL (AQL)

MONITORING

METHOD

DISINCENTIVES

FOR NOT

MEETING

STANDARDS

5.1:

Noxious Weed Inventory/ Treatment Data

Weeds will be treated as per herbicide label directions.

Responsible for the effects of herbicide residue on non-target species and any drift.

Equipment will be equipped with anti-siphon devices to prevent contamination of any water supply.

Treat at temperatures less than 95 F and wind speeds less than 15 mph

Complete treatment to required standards as defined in Section 2.2.5 and provide COR with updates on where treatments have occurred.

80% Acceptable level of performance thus resulting in 80% kill.

Less than 20% loss of non-target species

Follow task order direction and manufacturer label direction 100%

Review contractor’s records of treatment, inspection, and sampling results, and perform periodic on-site inspections.

Government shall perform our own sampling through a series of ocular inspections.

Checking compliance of contractor supplied inspection plots.

Rework at contractors’ expense

Payment will be deducted in accordance with G.5 Payments.

Poor performance rating

5.2 - Submittals

5.4.1 - Quality Control Plan

(QCP)

5.4.2 - Work Plan

5.4.3 - Schedule of Work

All submittals are received within 10 days after contract award.

QCP includes contractor’s inspection system and the method for identifying and preventing defectives in the quality of service preformed.

Includes method and frequency of inspections.

On-site records of all quality control inspections are submitted weekly.

100% Compliance

Submittal review Will not issue Notice to Proceed until submittals are received and accepted by the Government.

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) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

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

(DEC 2022) (DEVIATION 2017-1)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAR 2023) (DEVIATION 2017-1, DEVIATION DEC 2022)

(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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31

U.S.C.3903 and 10 U.S.C. 3801)

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and

108-78 (19 U.S.C. 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.] https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☐ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1)

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (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 (Oct 2022) (15

U.S.C.657a).

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

(Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

☐ (13) [Reserved] ☒ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

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

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

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

☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and

(3)).(DEVIATION DEC 2022)

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

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

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

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

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

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

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

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

https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

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

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C.

632(a)(2)).

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

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

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

637(m)).

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

644(r)).

☐ (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 (Dec 2022) (E.O.13126).

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

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

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

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

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

☒ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

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

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

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

2010) (E.O. 13496).

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

13627).

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

☐ (36) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

☐(ii) Alternate I (Oct 2022) of 52.225-1 ☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐(ii) Alternate I [Reserved] ☐(iii) Alternate II (Dec 2022) of 52.225-3.

☐(iv) Alternate III (Jan 2021) of 52.225-3.

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

☐ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (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.3805).

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

2021) (41 U.S.C.4505, 10 U.S.C.3805).

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

☐ (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).

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

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

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

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

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

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

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

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

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

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

2022).

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

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

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

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

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

52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of the expiration of the contract.

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.217-8 Option to Extend Services (Nov 1999)

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

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

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-17 Government Delay of Work (APR 1984)

52.245-1 Government Property (SEP 2021) Alt 1 (APR 2012)

52.245-9 Use and Charges (APR 2012)

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 (DEVIATION JUL 2022)

Upon contract closeout for…