127EAV24R0001 3.4.24.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

7EAV

ALBUQUERQUE NM 87102-3498

333 BROADWAY BLVD SE

USDA-FS CSA SOUTHWEST 5

8173 CODE 16. ADMINISTERED BYCODE

X

X

X

114210

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR7EAV

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

03/4/2024

602-225-5350DAVID WATSON

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

03/27/2024 1200 MT

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

127EAV24R0001

5. SOLICITATION NUMBER

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

1 11 1115323OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

See Schedule

15. DELIVER TO

ALBUQUERQUE NM 87102-3498

333 BROADWAY BLVD SE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA SOUTHWEST 5

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

DELIVER TO:

USDA FOREST SERVICE

APACHE SITGREAVES NATIONAL FOREST

PO BOX 640

30 S CHIRICAHUA DR

SPRINGERVILLE AZ 85938 US

Unauthorized Livestock Removal

0001 Unauthorized Livestock Removal Services Base Year See Schedule of Items Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

DAVID L. WATSON

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Product/Service Code: H188

Product/Service Description: QUALITY CONTROL-

LIVE ANIMALS

Delivery: 04/30/2025

Period of Performance: 05/01/2024 to 04/30/2025

0002 Unauthorized Livestock Removal Services Option

Year 1

See Schedule of Items

(Option Line Item)

Product/Service Code: H188

Product/Service Description: QUALITY CONTROL-

LIVE ANIMALS

Delivery: 04/30/2026

Period of Performance: 05/01/2025 to 04/30/2026

0003 Unauthorized Livestock Removal Services Option

Year 2

See Schedule of Items

(Option Line Item)

Product/Service Code: H188

Product/Service Description: QUALITY CONTROL-

LIVE ANIMALS

Delivery: 04/30/2027

Period of Performance: 05/01/2026 to 04/30/2027

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

11 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 11

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

127EAV24R0001

0004 Unauthorized Livestock Removal Services Option

Year 3

See Schedule of Items

(Option Line Item)

Product/Service Code: H188

Product/Service Description: QUALITY CONTROL-

LIVE ANIMALS

Delivery: 04/30/2028

Period of Performance: 05/01/2027 to 04/30/2028

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

127EAV24R0001 Unauthorized Livestock Removal Services

This solicitation is issued as a Request for Proposal (RFP)). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-02. This procurement is set aside for 100% small business. The NAICS code is 114210 Hunting and Trapping and the Small Business Size Standard is $8.5 Million.

The United States Department of Agriculture, Forest Service, Region 3, PPS is issuing a Request for Proposals (RFP) for a firm fixed-price, Unauthorized Livestock Removal Services.

This project consists of the capture and removal of unauthorized livestock (horses and/or cattle) from national forest system lands on the Apache-Sitgreaves National Forests. Current estimates of unauthorized livestock to be removed from the Alpine, Clifton and Springerville Ranger Districts of the Apache National Forest are estimated between 100 and 200 head of horses.

Gather efforts will be conducted on the National Forests where we are experiencing issues with unauthorized livestock. The objective of this contract is to remove as many unauthorized livestock as funding allows. Gather efforts shall not start without approval from the contracting officer’s representative (COR). The COR will work closely with the contractor during implementation of the gather and share any new reports received regarding locations of unauthorized livestock.

Gathering must start within 60 days of contract award.

The work includes the gathering, handling/loading, holding, care, transportation, and facilitation of the sale of unauthorized livestock from the National Forests. The work also includes impounding and caring for branded, stray animals while public notice of unauthorized livestock is given. The health and well-being of the animals and personal safety of individuals involved with gather operations is high priority. The work will be accomplished in a safe and humane manner and be in accordance with appropriate State of Arizona laws (Arizona Department of Agriculture (az.gov)).

SELECTION PROCESS: The proposals will be evaluated using a Best Value Trade-Off source selection process. Potential offerors will be invited to submit their technical, past performance, and price information as described in the solicitation, for review and consideration by the Government. The selection process will evaluate such factors (not necessarily in order): Past Performance, Technical which includes Management & Experience, and Price.

SITE VISIT:N/A.

DISCUSSIONS: The Government intends to award without discussions but reserves the right to conduct discussions should it be deemed in the Government's best interest.

Project Description: Unauthorized Livestock Project Location: Alpine, Clifton and Springerville Ranger Districts of the Apache National Forest, AZ

IMPORTANT NOTICE: All contractors submitting proposals on USDA Forest Service solicitations must be registered in the System for Award Management (SAM) database. Failure to register in the SAM database will make an Offeror ineligible for award. The SAM website can be accessed at www.sam.gov/portal/SAM.

Points-of-contact for this solicitation:

David Watson Email: David.l.watson@usda.gov Telephone: (480) 204-9319

Schedule of Items

Unauthorized Livestock Removal Contract

Item # Line Item Unit comments Pay Unit Est Qty Total Price

1 Mobilization/Demobilization LS 1 LS

2 Gather of Livestock, Delivery to approved holding facility. EA Per animal 135 animals

Holding, Feed and Care (to include basic vet care) Livestock must be held a minimum of 5 days.

EA

Per animal per day

Need the option to maintain for extended periods of time if operations are paused for reasons outside our control.

19.4 days/animal

4 Humane euthanasia of sick or injured livestock. Prior to holding facility delivery. EA

Payment would be made for line item

2 or 4 not both.

10 animals

Sale Facilitation (items 5-7)* Items 5-7 combined Total for 135 animals

5a Contractor facilitated sale online or in person options. Administrative costs

5b Administrative costs for out of state sale option. Per diem and

Labor

Shipping Mileage for delivery outside of

AZ. Not to exceed 900miles from Springerville, AZ per mile per load

Health certificates for animals transported outside of AZ (only for animals sold outside of AZ) EA per horse

Total

* There is a need for a variety of sale options to be available when livestock are ready for sale that the Forest can select from. Each sale option would have different costs associated with it. Items 5-7 are intended to capture those costs and would only be applied to the appropriate sale option requested. Sales would occur regularly and typically range from 20 to 40 animals.

Option Year 1

Item # Line Item Unit comments Item Cost Units estimated Total Cost Per Item

1 Mobilization/Demobilization LS 1 LS

2 Gather of Livestock, Delivery to approved holding facility. EA Per animal 100 animals

Holding, Feed and Care (to include basic extended periods of time if operations are paused for reasons outside our control.

days/animal

4 Humane euthanasia of sick or injured livestock. Prior to holding facility delivery. EA

Payment would be made for line item

2 or 4 not both.

0 animals

Sale Facilitation (items 5-7) Items 5-7 combined Total for 100 animals

5a Contractor facilitated sale online or in person options. Administrative costs

5b Administrative costs for out of state sale

AZ. Not to exceed 900miles from Springerville, AZ per mile per load

Health certificates for animals transported outside of AZ (only for animals sold outside of AZ)

Option year 2

# Line Item Unit comments Item Cost Units estimated Total Cost Per Item

1 Mobilization/Demobilization LS 1 LS

2 Gather of Livestock, Delivery to approved holding facility. EA Per animal 100 animals

Holding, Feed and Care (to include basic extended periods of time if operations are paused for reasons outside our control.

days/animal

4 Humane euthanasia of sick or injured livestock. Prior to holding facility delivery. EA

Payment would be made for line item

2 or 4 not both.

0 animals

Sale Facilitation (items 5-7) Items 5-7 combined Total for 100 animals

5a Contractor facilitated sale online or in person options. Administrative costs

5b Administrative costs for out of state sale

AZ. Not to exceed 900miles from Springerville, AZ per mile per load

Health certificates for animals transported outside of AZ (only for animals sold outside of AZ)

Option year 3

# Line Item Unit comments Item Cost Units estimated Total Cost Per Item

1 Mobilization/Demobilization LS 1 LS

2 Gather of Livestock, Delivery to approved holding facility. EA Per animal 100 animals

Holding, Feed and Care (to include basic vet care) Livestock must be held a minimum of 5 days. EA

Per animal per day

Need the option to maintain for extended periods of time if operations are paused for reasons outside our control.

days/animal

4 Humane euthanasia of sick or injured livestock. Prior to holding facility delivery. EA

Payment would be made for line item

2 or 4 not both.

0 animals

Sale Facilitation (items 5-7) Items 5-7 combined Total for 100 animals

5a Contractor facilitated sale online or in person options.

Administrative costs

5b Administrative costs for out of state sale option.

Per diem and

AZ. Not to exceed 900miles from Springerville, AZ per mile per load

Health certificates for animals transported outside of AZ (only for animals sold outside of AZ) EA per horse

Option Year 4 – Option to extend if funds remain on the contract.

Forest Service – Region 3 – Apache-Sitgreaves National Forests

Statement of Work

This project consists of the capture and removal of unauthorized livestock (horses and/or cattle) from national forest system lands on the Apache-Sitgreaves National Forests. Current estimates of unauthorized livestock to be removed from the Alpine, Clifton and Springerville Ranger Districts of the Apache National Forest are estimated between 100 and 200 head of horses. Gather efforts will be conducted on the National Forests where we are experiencing issues with unauthorized livestock. The objective of this contract is to remove as many unauthorized livestock as funding allows. Gather efforts shall not start without approval from the contracting officer’s representative (COR). The COR will work closely with the contractor during implementation of the gather and share any new reports received regarding locations of unauthorized livestock.

Gathering must start within 60 days of contract award.

The work includes the gathering, handling/loading, holding, care, transportation, and facilitation of the sale of unauthorized livestock from the National Forests. The work also includes impounding and caring for branded, stray animals while public notice of unauthorized livestock is given. The health and well-being of the animals and personal safety of individuals involved with gather operations is high priority.

The work will be accomplished in a safe and humane manner and be in accordance with appropriate State of Arizona laws (Arizona Department of Agriculture (az.gov)).

While the objective of this contract is to remove as many unauthorized livestock from Forest Service lands as funding allows, the contractor will only be authorized to invoice for the actual number of livestock gathered.

Modifications to this contract may be negotiated if determined within scope by the contracting officer.

Such modifications may address unauthorized livestock on Forests across the Southwest Region.

Contractor Requirements Technical Requirements / Tasks

The Contractor will be required to gather and remove unauthorized livestock from national forest system lands. Passive trapping will be the primary method of capture for horses; however, instances may arise that could require the need for other gather tools to include herding with horses, roping, leading, tie down, etc. Helicopter gathers for unauthorized horses will not be allowed.

Unauthorized livestock means any cattle, sheep, goat, hog, or equine not defined as a wild free-roaming horse or burro by § 222.20(b)(13), which is not authorized by permit to be upon the land on which the livestock is located and which is not related to use authorized by a grazing permit; provided, that noncommercial pack and saddle stock used by recreationists, travelers, other Forest visitors for occasional trips, as well as livestock to be trailed over an established driveway when there is no overnight stop on Forest Service administered land do not fall under this definition.

The Contractor will provide for feed, water, boarding, and basic care of the animals from the time of capture until transfer of ownership. All livestock must be held for a minimum of 5 days for claiming purposes. Holding periods are not expected to be longer than three weeks but could persist for extended periods of time.

The Contractor will be required to provide general care to sick or injured animals and restrain them if treatment is necessary.

The Contractor will be required to humanely euthanize livestock that are injured or sick. The COR will determine if injured animals must be dispatched and provide direction to the Contractor for disposal of such animals. See attached Euthanasia Guidelines.

The Contractor may be required to dispose of the carcasses as directed by the COR. Disposing of carcasses may include moving livestock off trails or from areas of high recreation use.

The Contractor will transport livestock from the temporary holding facility at capture site to their designated holding facility within 24 hours of capture unless prior approval is granted by the COR. The Contractor is responsible for coordinating inspection from Arizona Livestock Officers if required by Arizona State Law.

The Contractor is responsible for providing permanent corrals and holding facilities off Forest. Facilities must be approved by the COR. General expectations for approval are adequacy of the facilities for safe holding of ungentled horses, are located within the state of Arizona, and they are no more than a one-way travel distance of 3 hours from Springerville, Arizona.

On occasion, branded livestock may be gathered. Under these circumstances, the Contractor is responsible for feeding or feed costs while livestock are impounded at a temporary facility identified by the COR (typically on site, or within 40 miles of capture site) for approximately 7 days while public notice of stray livestock is given. If branded livestock are not claimed within the designated period, the contractor will be responsible to transport the livestock to a final destination.

Sales

The Contractor will be responsible for facilitating the public sale of impounded livestock as requested by the Forest Service. Sale options provided by the contractor must include an online auction, in-person auctions, and delivery to a livestock sale barn. Sale barns would be located within 900 miles of Springerville, Arizona. All sale locations and types would be determined by the Forest Service in coordination with the Contractor as livestock are captured.

The Contractor will be responsible for collecting any proceeds from the sale of unauthorized livestock on behalf of the Forest Service. The Contractor will return all funds received for the sale of livestock minus any fees incurred for the sale of livestock such as: sellers premiums, sale barn fees, testing fees (if performed by the sale barn), credit card fees, etc..

The Contractor will be responsible for care and holding of any animal that fails to sell at the time of public sale.

The Contractor will schedule shipments of animals to arrive at final destination in coordination with the COR. No shipments shall be scheduled to arrive at final destination on Sundays or on Federal holidays, unless prior approval has been obtained by the COR.

The Contractor will not allow livestock to remain standing on trucks while not in transit for a combined period of greater than six (6) hours.

All trigger and/or trip gate devices must be approved by the COR prior to capture of animals. Trigger and trip gate devices must be designed so that they do not injure livestock.

Government Furnished The Government may furnish handheld radios if needed for safety purposes.

Deliverables / Schedule The contractor will meet with the Forest regularly pre, post and during implementation.

The Contractor will submit a written schedule discussing gather plans to remove unauthorized livestock from Apache-Sitgreaves National Forestss located on the Alpine, Clifton and Springerville Ranger Districts along the Blue River and the west boundary areas within national forest system lands.

The Contractor will gather unauthorized livestock.

The Contractor will transport unbranded livestock from the temporary holding facility at capture site to an approved destination within 24 hours of capture and accommodate inspection from Arizona Livestock Officers when required.

The Contractor will provide feed and care for all gathered livestock until transfer of care has occurred though the sale or approved ownership claim of impounded livestock. Holding periods are not expected to be longer than three weeks but could persist for extended periods of time.

The Contractor will provide documentation for any livestock that die in the process of removal or holding or livestock that was humanly euthanized due to injury or sickness.

Animal Handling and Welfare Guidelines1 Facility Design Trap Site and Temporary Holding Facility

• The trap site and temporary holding facility must be constructed of stout materials and be maintained in proper working condition, including gates that swing freely and latch or tie easily.

• Fence panels in pens and alleys must be not less than 6 feet high for horses and the bottom rail must not be more than 12 inches from ground level.

♦ Horses in pens at the temporary holding facility should be maintained at a proper stocking density to allow, when at rest, all horses to occupy no more than half the pen area.

• There must be no holes, gaps or openings, protruding surfaces, or sharp edges present in fence panels or other structures that may cause escape or possible injury.

• Water must be provided at a minimum rate of ten gallons per 1,000-pound animal per day, adjusted upwards accordingly for larger or smaller horses, foals, and environmental conditions, with each trough placed in a separate location of the pen (troughs at opposite ends of the pen). Water must be refilled at least every 12 hours.

• Nonessential personnel and equipment should be located accordingly to minimize disturbance of horses.

• Trash, debris, and reflective or noisy objects should be eliminated from the trap site and temporary holding facility.

Loading and Unloading Areas

• Facilities in areas for loading and unloading horses at the trap site or temporary holding facility must be maintained in a safe and proper working condition, including gates which swing freely and latch or tie easily.

• There must be no holes, gaps or openings, protruding surfaces, or sharp edges present in fence panels or other structures which may cause escape or possible injury.

• All gates and doors must open and close easily and latch securely.

• Loading and unloading ramps must have a non-slip surface and be maintained in a safe and proper working condition to prevent slips and falls. Examples of non-slip flooring would include, but not be limited to, rubber mats, sand, shavings, or steel reinforcement rods built into ramps. There must be no holes in the flooring or items that can cause an animal to trip.

• Trailers must be properly aligned with loading and unloading chutes and panels ensuring no gaps exist between the chute or panel and floor or sides of the trailer creating a situation where a horse could injure itself.

• Fully enclosed stock trailers should be positioned for loading or unloading to allow no more than 18 inches clearance between the ground and floor of the trailer for horses.

1 This information has been adapted from the Bureau of Land Management Comprehensive Animal Welfare Standards in accordance with the project design for the Unauthorized Livestock Project. Any need to deviate from these guidelines must be approved by the COR.

Transportation

• Only fully enclosed covered stock trailers in sound mechanical condition will be permitted to transport horses. Trailers must have sufficient interior height to allow each equine to stand with its head extended to the fullest normal postural height.

• Each horse has enough floor space to ensure no equine is crowded in a way likely to cause injury or discomfort.

• All trailers will be single level and no “pot-belly” trailers are authorized to transport horses.

• Flooring of all transport trailers should not be slick or slippery, if metal, it should be covered with rubber matting to allow for secure footing and minimize slips and falls.

• All FS personnel driving transport trailers will have been properly trained in driving trailers with live animals.

• Adequate space to prevent overcrowding will be provided following American Veterinary Medical Association humane care when horses are loaded for transport. https://www.avma.org/resources-tools/avma-policies/humane-transport-equines

Animal Care Feeding and watering

• Adult horses held in traps or temporary holding pens for longer than 12 hours must always be fed and watered at approximately 12-hour intervals with water available other than when animals are being sorted or worked.

• Water must be provided at a minimum rate of ten gallons per 1,000-pound animal per day, adjusted upward accordingly for larger or smaller horses, and foals, and environmental conditions, with each trough placed in a separate location of the pen (troughs at opposite ends of the pen). Water must be refilled at least every 12 hours.

• In all holding and working facilities the best hay possible will be used. Hay should be inspected prior to purchase to reduce the amount of weeds present.

• Hay must be fed at a minimum rate of 20 pounds per 1,000-pound adult animal per day, adjusted accordingly for larger or smaller horses and foals. Hay placement must allow all horses to eat simultaneously.

• When water or feed deprivation conditions exist on the range prior to the gather, the watering and feeding arrangements should be adjusted as necessary to provide for the needs of the animals.

• Dependent foals or weak or debilitated animals should be separated from other horses at the trap site to avoid injuries during transportation to the temporary holding facility. Separation of dependent foals from mares should not exceed four hours unless the immediate decision is made to wean the foals.

Temporary holding facility

• All horses in confinement must be observed at least once daily to identify sick or injured horses and ensure adequate food and water.

• Dependent foals must be reunited with their mares at the temporary holding facility within four hours of capture unless foals are old enough to be weaned during the gather.

https://www.avma.org/resources-tools/avma-policies/humane-transport-equines%C2%A0 https://www.avma.org/resources-tools/avma-policies/humane-transport-equines%C2%A0

• Non-ambulatory horses will be humanly euthanized.

• Alternate pens must be made available for the following:

♦ Horses that are weak or debilitated

♦ Mares with dependent foals

• Aggressive horses causing serious injury to other animals should be identified and relocated into alternate pens when possible.

Handling General Handling

• Horses should be handled to enter runways or chutes in a forward direction.

• Horses should not remain in single-file alleyways, runways, or chutes longer than 30 minutes.

• No equipment should be operated in such a manner as to cause flighty behavior by or injury to horses.

Willful Acts of Abuse

• Hitting, kicking, striking, or beating any horse in an abusive manner is prohibited.

• Dragging a recumbent horse without a sled, slide board or slip sheet is prohibited. Ropes used for moving the recumbent animal must be attached to the sled, slide board, or slip sheet.

• There should be no deliberate driving of horses into other animals, closed gates, panels, or other equipment.

• There should be no deliberate slamming of gates and doors on horses.

• There should be no intentional excessive noise (for example, constant yelling) or sudden activity causing horses to become unnecessarily flighty, disturbed, or agitated.

Handling Aids

• Handling aids such as flags and shaker paddles must be the primary tools for driving and moving horses during handling and transport procedures. Contact of the flag or paddle end of primary handling aids with a horse is allowed. Ropes looped around the hindquarters may be used from horseback or on foot to assist in moving an animal forward or during loading.

• Electric prods must not be used routinely as a driving aid or handling tool. Electric prods may be used in limited circumstances only if the following guidelines are followed:

♦ Electric prods must only be a commercially available make and model that uses DC battery power, and batteries should always be fully charged.

♦ The electric prod device must never be disguised or concealed.

♦ Space in front of an animal must be available to move the horse forward prior to application of the electric prod.

♦ Electric prods must never be applied to the face, genitals, anus, or underside of the tail of a horse.

Contractor Reporting Needs for the Unauthorized Livestock Gather Contract

Apache-Sitgreaves National Forests Unauthorized Horses

The Forest will need the following information prior the sale of impounded livestock:

• Date of capture

• Location of capture

• Description of each animal captured o Color and markings o Approximate age (as available) o Sex (Not required for foals)

Information needed post sale:

• Date of Sale

• Sale records o Contractor facilitated sales: Purchaser information required for Bill of Sale to be issued by USFS.

o Sale Barn: Sale records provided by sale barn.

Additional records required:

• Descriptive photos of each animal that show identifiable markings such as brands, coat variations or color markings. To be provided upon request.

• Situational To be provided upon request.

o Any recent injuries (description, if known how the injury occurred and any care provided) o Any veterinary testing (e.g., coggins test) or care given o Any care given by contractor

Euthanize reporting (also notated in the euthanasia guidelines)

• The COR must be notified within 24 hours of the animal being euthanized.

• Documentation of the injury; any vet records should be included if used

• Documentation should include a description of the animal, the injury and how the injury occurred.

• The COR may request an inspection of the carcass prior to disposal.

Documentation requested may be adjusted as needed.

Sale and livestock information requested in excel format.

Euthanasia Guidelines for Apache-Sitgreaves Unauthorized Livestock Gather Contract

The ASNF takes the humane treatment of animals very seriously. Severe illness and accidents involving horses may happen at any time. Some situations resulting in severe injury or illness of the animal may require humane euthanasia. The aim of emergency euthanasia is to provide a quick and humane death to ultimately, prevent and minimize suffering. Emergency euthanasia should only be performed when catastrophic injuries have occurred, and a horse is in significant pain and suffering.

Per the statement of work, the Contractor will be required to humanely euthanize livestock that are injured or sick. The COR will determine if injured animals must be dispatched and provide direction to the Contractor for disposal of such animals. See attached Euthanasia Guidelines.

The contractor will be preapproved to humanely euthanize livestock under the following conditions identified below, for animals that are in the possession of the contractor and animals encountered on the range. This approval can be revoked at any time by the COR.

Preapproved Situations

• Non-ambulatory horses

• Broken limbs or shoulders

• Horses with mortal injuries that impact the quality of life.

Reporting requirements

• The COR must be notified within 24 hours of the animal being euthanized.

• Photo and/or written documentation of the injury; any vet records should be included if used.

• Documentation should include a description of the animal, the injury and how the injury occurred.

• The COR may request an inspection of the carcass prior to disposal.

Situations other than those identified above must be approved by the COR prior to proceeding.

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

• Technical Experience and Ability to perform all sale options within the contract. (Online contractor facilitated, in-person contractor facilitated and transfer to sale barn)

• Demonstration of suitable holding facilities within the travel range indicated in the Statement of Work.

• Past performance on livestock gathering contracts (specifically those using passive techniques to capture horses).

Price Technical and past performance, when combined, are more important in the award decision when compared to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

(x) Representations and Certifications (complete highlighted items in this section and return with your offer)

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

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

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

Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

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

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.209-7 Information Regarding Responsibility Matters (OCT 2018) )(Provision)

(a)Definitions. As used in this provision—

Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange

Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b)The offeror ☐ has ☐does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c)If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i)In a criminal proceeding, a conviction.

(ii)In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii)In an administrative proceeding, a finding of fault and liability that results in–

(A)The payment of a monetary fine or penalty of $5,000 or more; or

(B)The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv)In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d)The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov. See 52.204-7.

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (NOV 2023) (DEVIATION NOV 2022) (Provision)

[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

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

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

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

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

DEVIATION NOV 2022] Offerors that are representing as joint ventures should submit their socio-economic status in the space provided above until such time that https://www.sam.gov/ file:///C:%5CUsers%5Cmelissaajohnson%5CDownloads%5C(DEVIATION%20NOV%202022)%20%E2%80%93%20Offerors%20that%20are%20representing%20as%20joint%20ventures%20should%20submit%20their%20socio-economic%20status%20in%20the%20space%20provided%20above%20until%20such%20time%20that%20SAM.gov%20has%20been%20updated%20to%20include%20the%20joint%20venture%20representations%20contained%20within http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876 https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

SAM.gov has been updated to include the joint venture representations contained within provision 52.212-3 paragraph (c).

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on

SAM.]

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

Addenda to 52.212-4:

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (DEC 2023) )[DEVIATION JAN 2024]

(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 Covered Entities (Dec 2023) (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.] ☒ (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…