12444122Q0117 SF 18 and Performance Work Standards.pdf

SCHEDULE OF ITEMS

More than one contract may be awarded. Prospective contractors may quote on one or more Project Areas. Award will be by Project Area. Prospective start date is Sept 9, 2022. See each individual treatment area map for locations and species to be treated.

Line Item NNIS Treatment Project Area Quant ity Unit of Measure Price/Acre Total

1 Wilbur Farm Initial Treatment 7.16.2022-4.14.2023 80.4 Acres

2 Wilbur Farm Option Item - Second Treatment 7.16.2023-4.14.2024 80.4 Acres

Line Item NNIS Treatment Project Area Quant ity Unit of Measure Price/Acre Total

South Maltby Aspen Timber Sale Initial Treatment 7.15.2022-10.15.2022 68.6 Acres

South Maltby Aspen Timber Sale Option Item - Second Treatment 5.1.2023-10.15.2023 68.6 Acres

Line Item NNIS Treatment Project Area Quant ity Unit of Measure Price/Acre Total

Tower North KW Timber Sale Initial Treatment 7.15.2022-10.15.2022 207.3 Acres

Tower North KW Timber Sale Option Item - Second Treatment 5.1.2023-10.15.2023 207.3 Acres

Line Item NNIS Treatment Project Area Quant ity Unit of Measure Price/Acre Total

Hermit Thrush Timber Sale Treatment 7.15.2022-10.15.2022 43.7 Acres

Line Item NNIS Treatment Project Area Quant ity Unit of Measure Price/Acre Total

Chase Bridge Barrens Timber Sale Initial Treatment 7.15.2022-10.15.2022 62.5 Acres

Chase Bridge Barrens Timber Sale Option Item - Second Treatment 5.1.2023-10.15.2023 62.5 Acres

Line Item NNIS Treatment Project Area Quant ity Unit of Measure Price/Acre Total

Grass Lake Timber Sale Initial Treatment 7.15.2022-10.15.2022 78 Acres

Grass Lake Timber Sale Option Item - Second Treatment 5.1.2023-10.15.2023 78 Acres

Grass Lake Timber Sale Option Item - Third Treatment 5.1.2024-10.1.2024 78 Acres

Line Item NNIS Treatment Project Area Quant ity Unit of Measure Price/Acre Total

Camp Jack and Nuthatch Timber Sale Initial Treatment 7.15.2022-10.15.2022 48.8 Acres

Camp Jack and Nuthatch Timber Sale Option Item - Second Treatment 5.1.2023-10.15.2023 48.8 Acres

Line Item NNIS Treatment Project Area Quant ity Unit of Measure Price/Acre Total

Rich Road Timber Sale Initial Treatment 7.15.2022-10.15.2022 13.9 Acres

Rich Road Timber Sale Option Item - Second Treatment 5.1.2023-10.15.2023 13.9 Acres

Non-native Invasive Species Treatment Huron Shores and Mio Ranger Districts

Huron-Manistee National Forests

STATEMENT OF WORK

SCOPE OF WORK:

The purpose of this contract is to treat non-native invasive plant species (NNIS) across the Huron Shores and Mio Ranger Districts. Treatments can begin immediately after award, with goal of the treatments completed by October 15, 2022; All cut stump work could continue until the ground freezes ( ~mid Jan) and all broadcast spraying could occur until Mid Nov. There may be two follow-up treatments within two years of the initial treatment. The first follow up treatment would need to be completed by October 15, 2023, and the second follow up treatment would need to be completed by October 15, 2024. See the schedule of items for which projects have multiple year options.

The Contractor shall provide all expertise, labor, supervision, services, materials (including herbicide, dye, and adjuvants), equipment, tools, supplies, transportation, licenses, permits, worker personal protective equipment (PPE), and incidentals necessary to perform the required work, for which the desired outcome is in strict accordance with the standards of the contract.

The contractor must be registered with the Department of Labor under the Migrant and Seasonal Workers Protection Act or certify that the Act does not apply. The Contractor shall follow all State and Federal regulations, including OSHA guidelines.

Acreages listed were determined by Global Positioning Systems (GPS) in conjunction with Geographic Information Systems (GIS).

LOCATION: The areas are located within the boundaries of the Huron-Manistee National Forest on the Huron Shores and Mio Ranger Districts. Iosco, Oscoda County, Michigan.

SALVAGE RIGHTS: No salvage rights exist under this contract.

NON-PERFORMANCE: Failing to treat NNIS using one of the required methods will be considered non-performance. If non-performance cannot be remedied (i.e. reworked), payment for the pertinent acres will be forfeited and damages may be assessed. See the Performance Requirements/Quality Assurance Surveillance Plan for specific information.

PAYMENT: Payment for performed work will be based on actual acres completed by the Contractor and accepted by the Government.

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, and effectively communicate with their crew members.

Huron-Manistee National Forests

CONTRACT TIME AND SEASONAL RESTRICTIONS: Treatment timing will depend on treatment used.

• Foliar applications will be implemented when the target species is actively growing and fully leafed out, typically from mid-June through the end of September.

• Cut stump treatments will be implemented either before bud break or after the target species is fully leafed out. Cut stump treatments cannot occur when the soil is frozen.

• Cut stump treatments for Autumn Olive cannot occur on Wilbur Farm project between April 15-July 15 due to Oak Wilt Restrictions. Foliar application for Knapweed may occur during these dates.

• Contractor will notify COR upon award of Contract when they anticipate completing the contract acres. After receiving a contract, coordination with the COR on a work schedule is critical, as work will commence no later than 10 days after receiving a Notice to Proceed, unless other arrangements are made in advance.

• Contractor goal is to compete 100 % of the contract acres by October 15, 2022 for the first year of treatment. The first follow up treatment will need to be completed by October 15, 2023 and the second follow up treatment will need to be completed by October 15, 2024.

A. VEGETATION MANAGEMENT TREATMENT STANDARDS

RESOURCE PROTECTION, USE AND MAINTENANCE OF IMPROVEMENTS: The Contractor shall use every precaution necessary to prevent damage to public and private Property.

1. Protection of Land Survey Monuments: The Contractor shall protect all known survey monuments, witness corners, reference monuments, bearing trees, and boundary line trees against avoidable destruction, obliteration, or damage during the operation.

2. Refuse Disposal: Papers, cans, bottles, or other refuse resulting from the Contractor's operations shall be removed from National Forest lands.

3. Erosion Control: The Contractor shall (1) avoid operating equipment when soil conditions are such that excessive damage will result; (2) construct erosion control structures as needed to control erosion problems caused by the operation; and (3) repair promptly any existing erosion control structures damaged by the operation.

4. Protection of Cultural Resources: Discovery of historic sites, buildings, objects, and properties by either the Government or the Contractor shall promptly be reported to the other party.

Huron-Manistee National Forests

5. Protection of Improvements: When the Contractor's operations are adjacent to private property, railway property, utility company property, or other property, work shall not begin until all necessary arrangements to prevent damage have been taken by the Contractor. In the event of damage to private fencing improvements, the improvement must be restored immediately to the same or better condition that existed prior to the start of the work. In the event of interruption to utility services because of accidental breakage or as a result of lines being exposed or unsupported, the Contractor shall promptly notify the proper authority and shall cooperate with that authority in the restoration of service.

6. Protection of Reserve Trees and Excluded Trees: Reserve trees and excluded trees shall be protected from damage or destruction in the Contractor's operations. Damage includes any injury to the living crown, bole or roots of reserve trees.

7. Prevention of Oil Spills: The Contractor shall take appropriate prevention measures to insure that any spill of oil or oil based products do not enter any stream or other waters.

8. Fire Prevention and Control: Warming fires will not be permitted except when leaves are wet or a place cleared of flammable material is used. If conditions warrant, the Government may prohibit fires. All fires must be completely extinguished before leaving.

9. Protection of waterways, streams, and aquatic features: Care will be taken to avoid herbicide entering any aquatic features. Only chemicals approved for aquatic use in or adjacent to streams shall be used adjacent to waterways and wetlands. Other EPA approved herbicides may be acceptable with prior approval of the COR.

B. ITEMIZED TECHNICAL SPECIFICATIONS

Herbicide Applications- Standards for ALL Herbicide Applications

• Contractor is responsible for providing all labor, equipment, supplies, storage, permits, licenses and certifications required for completion of Herbicide Applications under this contract and as set forth by the Michigan Department of Agriculture and Rural Development.

• Contractor shall follow all manufacturer’s label directions and industry standards for application of herbicides.

• Applications of herbicide will be directed so damage will not be done to non-target vegetation.

• Weather is to be monitored and the project could be suspended if temperature is greater than 95 degrees, humidity is less than 30%, wind is at/or above 10 MPH or significant precipitation is forecast in the next 24 hours.

Basal oils –Cut-stump treatments may require basal oil to be used in the herbicide mixture. Only commercially available MSO can be used for this contract.

Colorants- A colorant (also called dyes or spray pattern indicators) will be required to be used in the mixture for all herbicide task items. Use of a colorant helps to facilitate appropriate application and inspection. Some basal oils have dye already added and would not need an additional colorant.

Mixing- The amount of each item required will be within the ranges set by the herbicide and other product labels. The Contractor will mix herbicides in accordance with the label. The Contractor is responsible for the cleanup of any spills and will notify the COR immediately of any spills. The Contractor must have herbicide labels and Material Safety Data Sheets (MSDS or the new SDS) for all chemicals on site.

Warning Signs - The Contractor will post caution/warning signs at any entry point (road, trail, boat ramp, visitor access point) around the sprayed areas that lists the herbicide and active ingredient being used, date sprayed, any access restriction or warnings, and the East Zone Ecologists name (Jennifer Falkey) and phone number ( 989-739-0728).

Herbicide Use Log - The Contractor will be required to use the Herbicide Application Daily Use Log (exhibit 1 of this document) on a daily basis to maintain accurate records of work activities and chemicals applied in treatment areas. The Herbicide Application Daily Use Log will be required to be given to the COR at the completion of each treatment area and no later than October 15.

Licensed Pesticide Applicator- Herbicide handling and application shall be performed by a licensed Michigan Commercial Pesticide Applicator. Applicators must be certified in either Category 2 Forest Pest Management or Category 6 Right-of-Way Pest Management. The contractor is required to employ Commercial Pesticide Applicators with sufficient knowledge to accurately identify species named for treatment and any species added to the list by the COR. The contractor will be responsible for the necessary training for crew members to accurately perform their duties.

Approved Herbicides for use All herbicides shall be used in strict accordance with manufacturer’s labeling directions concerning concentrations, rates, exposure times, and application methods:

• 2,4-D ([2,4-dichlorophenoxy] acetic acid)

• Clopyralid (3, 6-dichloro-2-pyridinecarboxylic acid)

• Dicamba (3,6-Dichloro-o-anisic acid)

• Endothall (7-oxabicyclo [2.2.1] heptane-2,3-dicarboxylic acid)

• Fosamine ammonium salt (FAS) (ethyl hydrogen [aminocarbonyl] phosphonate)

• Glyphosate (N-[phosphonomethyl] glycine)

• Sethoxydim (2-[1-{ethoxyimino}butyl] -5[-2-{ethylthio}propyl]-3-hydroxy-2-cyclohexen-1-one)

• Triclopyr ([{3, 5, 6-trichloro-2-pyridinyl}oxy] acetic acid)

• Aminopyralid 2-pyridine carboxylic acid, 4-amino-3,6-dichloro-. 2-pyridinecarboxylic acid

• Imazapic (�})-2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1 Himidazol-2-yl]-5-methyl-3-pyridinecarboxylic acid)

• Imazapyr (2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-5oxo-1Himidazol-2-yl]-3-pyridinecarboxylic acid)

• Metsulfuron methyl (Methyl-2-[[[[(4-methoxy-6-methyl-1,3,4-triazin-2-yl)amino]-carbonyl]amino]sulfonyl]benzoate])

Target Species – Queen Anne’s Lace, Common Mullein, Autumn Olive, St. Johnswort, Spotted Knapweed, Mullein, and Ox Eye Daisy. See the “NNIS treatment data” for which species are to be treated in each unit and location.

Cut Stump Herbicide Application:

• Cutting shall be done with hand cutting tools, such as brush axes or chainsaws or machinery, such as DR trimmer or Disk mulcher. All undesirable stems shall be completely cut below the lowest live limb and within 6 inches of the ground. Undesirable stems smaller than 3 inches in diameter can be cut up to 6 inches above the ground so that both sides and the cut surface may be treated. Undesirable stems greater than 3 inches in dimeter should be cut as close to the ground as possible and the cambium (the thin layer inside the bark) should be treated in its entirety and to the point of saturation. All stumps shall be treated with herbicide immediately after cutting (within 5 minutes) using the cut stump method as directed by the herbicide label.

Foliar Herbicide Application:

• Spray the leaves of plants until leaves are thoroughly wet or as directed by the herbicide label.

C. GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

The Government will furnish the following: Vicinity maps that show the general location of each unit and shapefiles with treatment locations, if requested.

D. CONTRACTOR FURNISHED ITEMS/SERVICES

The contractor shall furnish all the equipment, supplies and labor required to perform this Performance Work Statement. The contractor shall also provide proof that the work meets the standards. Contractor shall provide proof of State license for herbicide handling and application.

E. PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

The following tasks are to be performed in accordance with the technical specifications.

Submittals. The contractor shall provide the following submittals:

5.1 Progress Schedule. The contractor shall prepare and submit to the COR a Progress Schedule showing the order in which the contractor will perform the work, the techniques and equipment the contractor plans to use, and the dates on which the contractor contemplates starting and completing each task. Contractor shall provide a written Progress Schedule for review and approval at the pre-work meeting.

• Contractor must complete 100% of the initial treatment of the contract acres by October15, 2022.

• Option: Second treatments (re-treatments plus treatment of newly germinated seedlings) must be completed by October 15, 2023. Second treatments should not occur until there is sufficient evidence that the initial treatment was unsuccessful, such as the appearance of sprouts or leaves on stems that had previously been treated.

• Option: Third treatments (re-treatments plus treatment of newly germinated seedlings) should occur at least one year after the secondary treatment. Third treatments should not occur until there is sufficient evidence that the second treatment was unsuccessful, such as the appearance of sprouts or leaves on stems that had previously been treated. Third treatments should be completed by October 15, 2024.

5.2 Safety Plan – Contractor shall provide a written, job-specific Safety Plan identifying and addressing site specific hazards including mitigation measures, for review and approval at the pre-work meeting. The Safety Plan should include, but is not limited to, how to minimize herbicide drift, what to do in case of an herbicide spill, etc.

5.3 Pesticide Licensing. The contractor must submit a copy of the valid Michigan Commercial Pesticide Applicator Certification for each employee or subcontractor who will be applying herbicides prior to initiating any herbicide application.

QUALITY ASSURANCE SURVEILLANCE PLAN

This Quality Assurance Surveillance Plan (QASP) has been developed pursuant to the requirements of the Performance Work Statement (PWS) in this contract. This plan sets forth procedures and guidelines that will be used in evaluating the technical performance of the contractor. This plan does NOT relieve the contractor of their responsibility to practice proactive quality control.

A. PURPOSE OF THE QASP

The QASP is intended to accomplish the following:

• Define the roles and responsibilities of participating government officials and the contractor;

• Identify the types of work to be performed and the inspections to be performed to validate adequacy

• Describe the evaluation methods that will be employed by the government in assessing the contractor’s inspection program and performance to the quality/performance standards required for each task;

• Provide copies of the contractor’s inspection records and Government quality assurance monitoring forms that will be used by the government in documenting and evaluating the contractor’s performance;

• Describe the process of performance documentation.

The contractor is responsible for performing inspection services pursuant to the inspection clause and for providing and maintaining the inspection forms, approved by the government, to perform the contractor’s inspection services. The contractor has represented themselves, to be responsible for meeting the prescribed quality/performance standards in the statement of work.

B. ROLES AND RESPONSIBILITIES OF GOVERNMENT OFFICIALS

The Contracting Officer’s Representative (COR) will be designated upon award of the contract. The COR’s roles and responsibilities will be listed on their designations and include the following:

monitoring, assessing, recording, and reporting on the technical performance of the contractor on the schedule of inspections submitted by the contractor and approved by the government. The COR will either witness the contractor’s performance of the inspections performed by the contractor or will evaluate the contractor’s inspection results as to documented findings relative to meeting the standards for each task/subtask within the statement of work. The COR will have primary responsibility for completing quality assurance monitoring forms which will be used to document the inspection and evaluation of the contractor’s work performance.

The Contracting Officer (CO) will have overall responsibility for overseeing the contractor’s performance and for the day-to-day monitoring of the contractor’s performance in the areas of contract compliance, contract administration, cost control, and property control; reviewing the COR’s assessment of the contractor’s performance; and resolving all differences between the COR’s and the contractor’s version.

C. TYPES OF WORK TO BE PERFORMED/SCHEDULE OF INSPECTIONS

This contract calls for the contractor to perform the following tasks and subtasks and to perform inspections at the completion of the tasks/subtasks as a minimum and or for intermediate inspections as determined at contract award by the COR/CO. The contractor’s quality control plan/schedule will be modified accordingly and will be one of the basis for the award of the contract.

Task When To Be Inspected

What To Be Inspected Documentation Inspection Type

ALL

As work is being performed and upon completion/prior to invoice.

Compliance with Performance Work

Statement.

1) Contractor Records

2) COR Daily Diaries

Random/Periodic/ 100%

D. METHODS OF SURVEILLANCE

The government will monitor the contractor’s performance on a continuous basis. The methods the government will use are identified above. The COR will first verify the results of the contractor’s inspection, completeness and adequacy of the documentation of the contractor’s inspection results.

The government COR will perform periodic independent inspections. The contractor shall be required to rework/repair or replace the effort until the quality/ performance standard is achieved.

Inspections will be performed to the schedule submitted by the contractor and approved by the government. Variances from the schedule must be pre-approved by the CO – submit requests to Primary COR.

E. QUALITY ASSURANCE (QA) FORMS AND REPORT

1. The COR will use a quality assurance monitoring form to document and evaluate the contractor’s performance under the contract. This can consist of a Form, a Memo for record or an entry in a daily or weekly diary. The form when completed will document the COR’s understanding of what the contractor was supposed to do, what was actually done, and the impact or consequences of what was done. The documentation will also identify the additional steps required of the contractor if there is a nonconformance.

2. The COR will judge each event in accordance with the performance standards and performance requirements stated in the Quality/Performance Requirements stated in the contract either in section 5 of the Statement of Work (SOW) or in section 7 of the SOW.

3. The COR must substantiate all tasks which he judges to be indicative of “unacceptable” performance. Performance at the “acceptable” level is expected and need not be substantiated.

4. In accordance with Section C above, the contractor shall furnish (weekly, at a minimum) to the COR copies of all inspection forms generated by the contractor witnessing inspections performed.

The COR will forward copies of all completed QA monitoring forms to the CO and contractor inspection records prior to processing payments. The contractor is required to respond in writing to any negative QA monitoring form(s) within 5 working days after receipt of the form(s).

F. ANALYSIS OF SURVEILLANCE RESULTS

1. The CO will review each QA monitoring form prepared by the COR. When appropriate, the CO may investigate the event further to determine if all the facts and circumstances surrounding the event were considered in the COR’s opinion outlined on the forms. The CO will immediately discuss every event receiving a substandard rating on the forms. The CO will immediately discuss every event receiving a substandard rating with the contractor to assure that corrective action is promptly initiated.

2. Upon completion of the contract the COR will perform a performance evaluation of the contractor using the results documented as above and provide to the CO for further action.

PERFORMANCE REQUIREMENTS SUMMARY

Task Quality/Performance

Standard

Acceptable Quality Level

(AQL)

Inspection Type Penalty/Disincentive Incentives

ALL

Work performed meets the specifications contained within the Performance Work Statement minimum AQL is 90%*

*examples:

Herbicide – minimum of 90% of target vegetation has proper herbicide coverage.

AND

Less than 15% mortality to non-target plant species;

1) Verify contractor, records, data & reports

2) Periodically witness contractor inspection

3) Independent

Government verification

1) Rework at no additional cost to Government until work is performed to AQL;

2) Acceptance with consideration;

3) Less than satisfactory performance evaluation;

4) Non-compliant contractor inspection system: Contractor bears 100% of government re-inspection cost;

Note – These are all remedies available to the Government.

Contractors do not decide whether to re-work or not.

Satisfactory or better performance rating

CONTINUATION OF SF-18 - CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

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

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

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

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

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

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

(NOV 2021)

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

DEVIATION 2017-1 (AUG 2017):

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

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

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

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

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

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

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

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

3509)).

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

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

☐ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (5) [Reserved].

☒ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

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

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

☐ (10) [Reserved].

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

U.S.C.657a).

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

Concerns (Sep 2021) 15 U.S.C. 657a).

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

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

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

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

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

(3)).

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

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

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

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

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

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

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

☐ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

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

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

☐ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

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

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

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

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

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

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

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

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

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

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

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

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

U.S.C.793).

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

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

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

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

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

E.O. 13627).

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

☐ (36) 52.222-54, Employment Eligibility Verification (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) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

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

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

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

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

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

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

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

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

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

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

5150).

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

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Employee Class Monetary Wage-Fringe Benefits

Service Contract Act WD #: 2015-4873 https://sam.gov/wage-determination/2015-4873/21

☒ (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).

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

U.S.C. 1792).

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

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

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

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

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

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

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

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

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

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

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

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

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

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

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

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

(xvi) 52.222-54, Employment Eligibility Verification (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. 2302 Note).

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

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

(d) of FAR clause 52.247-64.

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

52.217-6 Option for Increased Quantity (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 365 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(a) The Government may extend the term of this contract by written notice to the Contractor:

provided that the Government gives the Contractor a preliminary written notice of its intent to extend. 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 5 years.

52.232-18 Availability of Funds (APR 1984)

52.242-15 Stop-Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

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

52.252-6 Authorized Deviations in Clauses (NOV 2020)

452.204-70 Modification for Contract Closeout (OCT 2021)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

SOLICITATION PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

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

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

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

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021)

Addenda to provision 52.212-1:

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

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

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

a) Price Proposal – Include the following: 1) completed, signed SF-18 from Section A of this solicitation, 2) Acknowledge any amendments issued on sam.gov for this solicitation by completing and signing the posted SF-30, and 3) Include the completed price schedule contained in Section B of this solicitation.

3) Submit offer by email to david.easter@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain Price Proposal and Representations and Certifications in Microsoft Word or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer.

3) Address questions about this solicitation to David Easter at david.easter@usda.gov

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

(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:

Best Value

(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.

52.216-27 Single or Multiple Award (OCT 1995)

52.223-1 Biobased Product Certification (MAY 2012)

52.223-4 Recovered Material Certification (MAY 2008)

REPRESENTATIONS & CERTIFICATIONS

VENDOR NAME:__________________________________________________

VENDOR Unique Entity ID (SAM):____________________________________

COMPLETE THE YELLOW HIGHLIGHTED INFORMATION AND SUBMIT A

COPY WITH YOUR OFFER.

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