1282B123Q0071.pdf

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82B1

WASHINGTON DC 20250-0001

1400 INDEPENDENCE AVE SW MS-1138

SPOC INTERMOUNTAIN

USDA FOREST SERVICE

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RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

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NAICS:

SMALL BUSINESS

05/16/2023 1300 MT

05/05/2023

412-342-8084JESSICA LYN RASMUSSEN

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1282B123Q0071

5. SOLICITATION NUMBER

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

1 34 1094259OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

CARSON CITY NV 89701

1536 S CARSON ST

CARSON DIST RANGER

USDA FOREST SVC

15. DELIVER TO

WASHINGTON DC 20250-0001

1400 INDEPENDENCE AVE SW MS-1138

SPOC INTERMOUNTAIN

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2. CONTRACT NO.

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13a.

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VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

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8(A)

USDA FOREST SERVICE

WOMEN-OWNED SMALL BUSINESS

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SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

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UNIT PRICE

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UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 05/05/2023 Mark For:

USDA FOREST SERVICE

SPOC INTERMOUNTAIN

1400 INDEPENDENCE AVE SW MS-1138

WASHINGTON DC 20250-0001

0001 Peavine Weeds Treatments (known infestations) Spring

64 ACRES

Continued ...

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HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

JESSICA LYN H. RASMUSSEN

. YOUR OFFER ON SOLICITATION (BLOCK 5),

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21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 06/01/2023 to 10/01/2023

0002 Sierra Front Range Weeds Treatments (within 25ft buffer along roads/trails)

Spring

106 ACRES AND 18 MILES

Period of Performance: 06/01/2023 to 10/01/2023

1001 Fall Weeds Treatments if applicable

OPTIONAL WORK

TO BE DETERMINED (PRICE PER ACRE IF USED BY

GOVERNMENT)

Period of Performance: 06/01/2023 to 10/01/2023

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34 2 of

1- HTNF Sierra Front NV Goatgrass Weeds Project

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule

Schedule of Items

Project Description:___________________________________________________________

Vendor Name: __________________________________Vendor UEI:___________________

Item Supplies/Services Qty Unit of Issue

Unit Price Total Price

0001 Peavine and Sierra Front Weeds Treatments (known infestations) Spring 64 Acres

0002 Sierra Front Range Weeds Treatments (within 25ft buffer along roads/trails) Spring

106ac (18mi)

Acres (or miles)

0003 Fall Weeds Treatments if applicable to complete the above 170 acres TBD Acres

Price above

Price above

Schedule Notes:

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

b) CLIN 0002 can be quoted as acres or miles as this is a right-of-way type of treatment. The roads/trails treatment includes the 25-foot buffer. Acreage was calculated within the buffered 18 miles of roads/trails to get a total of 106 acres. Total project is 170 acres.

c) Depending on how many acres are treated in the spring, the contractor will treat the remaining acres in the fall for a total of 170 acres of treatment area, this is represented on CLIN 0003.

2- HTNF Sierra Front NV Goatgrass Weeds Project

PERFORMANCE WORK STATEMENT

for completing Aegilops Triuncialis and Aegilops cylindrica Treatment

Washoe County, Nevada Humboldt-Toiyabe National Forest (HTNF)

Carson Ranger District

OBJECTIVES:

Annual grass species barbed and jointed goatgrass, both occur at Peavine Mountain and the Sierra front range, and are a listed Category A noxious weed species in the State of Nevada. The contractor will provide for the application of a ground-based herbicide spraying treatment targeting both goatgrass species. The following criteria will be part of any contracted services taking place within the Carson Ranger District in Washoe County, Nevada.

LOCATION AND DESCRIPTION:

1.1 The project is in Washoe County, Nevada. See attached location Maps 1 and 2 in the Appendices for known goatgrass infestations within the project area. This SOW is only for the locations within National Forest System lands.

1.2 Acreages of known infestations have been computed on a horizontal plane utilizing ArcMap software; plant densities may vary across the mapped polygon and oftentimes are scattered. To prevent herbicide waste, reconnaissance of the infestation is recommended prior to planning treatments and/or mixing herbicides.

PERIOD OF PERFORMANCE:

2.1 Contract Time: Work could start as early as May/June for spring grass post-emergent treatment then resume in the fall/early winter (annual grass pre-emergent treatment window). Work will be timed according to target species phenology and weather conditions.

2.2 Work periods may be adjusted if weather conditions, or plant phenology require a change.

SCOPE OF WORK:

3.1 Project shapefiles may be provided at the contractor’s request.

3.2 The Purpose of this contract is to provide a scope of work for weed surveys and ground-based herbicide spraying within NFS lands in Washoe County, Nevada. This work will consist of noxious and invasive weed management and treatment through the use of chemical control on the Carson Ranger District within known weeds infestations and along designated roads and trails.

3.3 The Forest Service will provide locations of known weed species and roads/trails to the proponent.

Jointed goatgrass (Aegilops cylindrica)

Barbed goatgrass (Aegilops triuncialis)

Medusahead (Taeniatherum caput-medusae)

3.4 Treatment:

3.4.1 Approximately 170 acres of annual grass will be chemically treated within two project areas. The contractor will be required to broadcast spray approximately 64 acres of known goatgrass and medusahead infestations currently identified in the project boundary. Additionally, the contractor will be required to chemically treat within a 25-foot buffer along 18 miles of roads and trails, which includes

3- HTNF Sierra Front NV Goatgrass Weeds Project the road prism. This SOW does not permit the contractor to treat weeds on private land. A general schedule of items is described in Table 1 below. Known infestations, roads, and trails are shown on Maps 1 & 2 in Appendix A.

3.4.2 The contractor shall furnish all labor, equipment, tools, materials, supervision, supplies and appropriate herbicide, dye, surfactants, and incidentals.

3.4.3 The contractor will perform all work necessary to complete application in accordance with these specifications, and in accordance with state and federal regulations and herbicide labels. From this point on herbicide label(s) will refer to the legal documentation that accompanies every herbicide container including all other information referenced on the label or received from the manufacturer (brochures and leaflets).

3.4.4 The use of global positioning system (GPS) devices or other geolocation software (AVENZA) will be necessary to navigate to and identify known treatment polygon boundaries. A GPS will be used (provided by the contractor) to record areas of treatment by species. Treatments will be mapped as polygon features. Additional specifications for chemical treatment are listed in sections 3.5 and 3.6. The Contractor will provide a final map and shape file/s of all GIS data (completed with a GPS). Data will be collected in NAD83 datum.

3.4.5 The Contractor will be required to submit Herbicide Treatment forms (Appendix B) for each day of treatment. These reports will show acres treated, amount of herbicide used, amount of time required to treat area, weather conditions at time of application and species of weed(s) treated. The contractor will specify whether ounces/acre, or lbs./acre was used and will maintain consistency in their method.

Table 1. Schedule of items (2023) Work Item Sub Item/Description Work Period Unit of measure Approx. Quantity

(Acres and Miles)

Annual Grass Spring treatment: goatgrass & medusahead broadcast spray within known polygons, and spot treatment within 25-foot buffer along roads/trials

May/June

Acres – Chemically treated known polygons and within 25ft buffer on Peavine & Sierra

Front Range

Miles – Chemically treated along roads/trails on

Peavine and Sierra Front Range

Peavine: 61 acres known infestations; and 64.8 acres or 11.2 miles of roads/trails

Sierra Front: 3 acres known infestations; 41.2 acres or 6.8 miles of roads/trails

Project check in: provide treatment data forms and GIS data to FS representative.

FS staff will monitor treatment efficacy of treatments to date and discuss plan for fall treatment if applicable.

Fall treatments would be required if spring application treatment window was missed based on plant phenology; and/or if the contractor is not able to treat all sites within project area within the spring treatment window.

Annual Grass Fall treatment:

Goatgrass & medusahead September- November

Acres and/or Miles – chemically treated by species and mapped

TBD

Project Closeout: Contractor provide treatment data forms and GIS data to FS representative.

3.5 Pesticides:

3.5.1 The Contractor will supply all the herbicide, surfactants, adjuvants, indicator dye, and water, necessary to complete the specifications of this contract.

3.5.2 The primary herbicides and rates to be utilized for this project and to be provided by the contactor are listed in Table 2. Herbicides must be labeled for use on rangeland and right-of-way. If the contractor desires to increase the application rates they may increase (with U.S. Forest Service approval) up to a maximum rate. Other herbicides may be required depending on weed species encountered and when requested by the U.S. Forest Service or contractor.

4- HTNF Sierra Front NV Goatgrass Weeds Project

Table 2. List of approved active ingredients and application rates with recommended herbicide products.

Weed Species Timing Approved

Percent Active Ingredient

Common Product Names Planned Application Rates

Rimsulfuron (25%) Grapple 4 oz./acre

Medusahead Jointed goatgrass Barbed goatgrass

Post-emergent:

Spring; before flowering Glyphosate (53.8%) Rodeo

24 oz./acre - <6” plants

1.25 to 3 pints/acre

- >6” plants

Imazapic (23.6%) Plateau 4-6 oz./acre

Medusahead Jointed goatgrass Barbed goatgrass

Pre-emergent: Fall- Early Winter Aminopyralid

(40.6%) Milestone 7 oz./acre

3.6 Adjuvants such as surfactants, dye, defoamers, and drift agents:

a. Adjuvant means the inert material added to an herbicide formulation or tank mix to increase the effectiveness of the active ingredient.

b. A surfactant means a Surface-Active Agent. The following surfactants are approved for use in Nevada:

Activator 90, Spreader 90, LI- 700, Syltac R11, and MSO (MSO is not for aquatic use). Record surfactant on treatment form.

c. The use of dye is required. The contractor must apply dye at a rate sufficient to remain visible for 24 hours post treatment. Record dye on treatment form in adjuvant section of herbicide treatment form.

d. Defoamer may be used, record in adjuvant section of herbicide treatment form.

e. Drift agents may be used. If a drift control additive is used, read, and carefully observe the cautionary statements and all other information appearing on the additive label. Record drift agent used on treatment form. The Contractor shall provide the drift agent. Controlling drift is the responsibility of the Contractor.

f. All added agents shall be handled as chemicals; refer to Section 5.0 Safety.

3.7 Water: The Contractor will provide water for herbicide mixing.

4.0 Contractor Responsibilities and Conditions:

4.1 The contractor shall hold a current Nevada Certified Pesticide Applicator License from the State of Nevada prior to any chemical application. A licensed applicator must be on site during all herbicide mixing and application.

4.2 The Contractor must properly prepare and submit and adhere to a Pesticide-Use Proposal (PUP) (FS- 2100-2) for each pesticide application activity proposed for implementation on the Humboldt- Toiyabe National Forest. PUPs are good for the life of the project (indefinite) unless:

a. Location of the pesticide application changed

b. Pesticide(s) to be used changed

c. Active ingredient(s) (AI) of the pesticide changed

d. Line officer has changed

e. There are changes in USFS policy/ direction regarding pesticides or related to the resource analyzed in

National Environmental Policy Act (NEPA) documents.

In these situations, a new PUP will need to be submitted for approval.

A PUP can be downloaded from the USFS Pest Management and Coordination Website at:

Pesticide Management (usda.gov) Forest Service staff is available to help with the PUP process.

4.3 U.S. Forest Service staff will be in close communication with the contractor to discuss plant https://www.fs.usda.gov/foresthealth/protecting-forest/integrated-pest-management/pesticide-management/index.shtml

5- HTNF Sierra Front NV Goatgrass Weeds Project phenology, treatment windows, and to answer questions that may arise. The anticipated treatment window can begin as early as May 2023 and begin again, in the fall before rains/seed germination to perform as a pre-emergent to target annual grass species.

4.4 To minimize the introduction of invasive plant species on public lands, all equipment, vehicles, trailers, UTVs, and ATVs must be cleaned using a high pressure/power wash with particular attention given to undercarriage and moving parts prior to on-site arrival and initiation of work. This means equipment, vehicles, trailers, etc. shall be free of all plant parts, mud, and debris which may contain weed seeds and/or propagules.

4.5 The contractor shall stop operation if inclement weather conditions (gusty and/or winds in excess of 10 mph or an eminent threat of rain) occur during spraying operations. The contractor is responsible for following Herbicide Label instructions on proper spraying conditions. Contractor shall have equipment capable of accurately measuring on-site weather conditions including temperature, wind speeds, and relative humidity to assure adherence to contract requirements and record that information on treatment forms (Appendix B).

4.6 Applicator Records: Pesticide Application Records (PARS) also known as an herbicide treatment form

(Appendix B) and electronic data (survey and treatment polygons) shall be completed.

a. The contractor shall complete PAR forms. These records must be legible and completed within 24 hours of herbicide application. If PARs are not filled out correctly and in entirety, treatments will not be considered as complete.

b. In addition to manually recording pesticide treatments on PARs, the contractor shall provide USFS with requested data/shapefiles.

4.7 The Contractor must be able to correctly identify weed species and is responsible for identifying the extent of the target species in the project area.

4.8 The Contractor will adhere to all state and federal regulations and label restrictions. In the instance that several guidelines or regulations are provided, the contractor will follow the one that is the most restrictive.

4.9 All equipment will be calibrated prior to application, properly functioning, and free of leaks and malfunctioning or broken parts.

4.10 Equipment:

a. The Contractor shall furnish sufficient equipment to satisfactorily spray the designated areas in the time specified as required in the specifications and the Herbicide Label. Unless otherwise specified, the Contractor shall furnish all equipment, labor, supplies, and materials required to complete the job. The Contractor shall furnish properly outfitted equipment with applicators experienced in applying herbicides in rough terrain. The Contractor shall service and repair their equipment as necessary to maintain satisfactory progress on work. Contractor is responsible for all costs incidental to equipment move-in and move-out associated with the project.

b. Base of Operations: The U.S. Forest Service shall not be held responsible for any loss, mishap, or accident due to the conditions of any loading facility used. All loading sites must be at least 300 feet from perennial water.

4.10.1 Spray Equipment:

a. Spray Tanks: Spray solutions of the product shall be mixed, stored, and applied using only stainless steel, fiberglass, or polyethylene plastic tanks.

6- HTNF Sierra Front NV Goatgrass Weeds Project

b. Spray nozzles: Contractor shall furnish a nozzle type that is designated for the intended application.

Refer to the label for proper nozzles to comply with drift management.

c. Booms: Contractor shall furnish non-rust booms.

4.11 Work Crew:

a. Licensed Applicators: Shall be furnished by the contractor and shall meet certification requirements of Nevada regulations for this type of work. Applicators must hold a current Certified Applicator Certification with the forest and right-of-way categories. Licensed applicators must be present onsite during all applications including mixing, handling, and application of herbicides.

b. Work Crew: Shall be furnished by the contractor for handling, mixing, and applying the herbicide and loading the equipment. The Contractor shall furnish the necessary qualified mechanics for maintenance of equipment and shall furnish all fuel, oil, and service required for operation of equipment and vehicles.

4.12 Data Collection, Forms & Global Positioning System (GPS)/Shapefiles: FORMS - For Pesticide treatments the Contractor shall fill out a Pesticide Application Record (PAR) within 24 hours of application of treated sites. PARs are also referred to as an herbicide treatment form (Appendix B) and shall be turned in and reviewed by U.S. Forest Service staff. All fields in the PAR form shall be filled out. A separate PAR shall be filled out for each day of treatment or site type/tank mixture (i.e., terrestrial versus riparian site). More than one species may be included on the same PAR if they are treated in the same location with the same pesticide. Refer to Appendix B for a PAR template.

4.13 Environmental Conditions:

a. Work Period: Spraying Operations will be permitted only during daylight hours.

b. Wind: The Contractor shall follow the Label Section on Spray Drift Management-Wind. Local wind can influence wind patterns. Every applicator should be familiar with local wind patterns and how they affect drift. All applications must cease if winds exceed 10 mph for backpack and/or handgun operation and 6 mph for vehicle or ATV/UTV boom applications. Measurements shall be collected on-site during the time of application.

c. Relative Humidity: Refer to the product label when making applications in low relative humidity conditions. Measurements shall be collected on-site during the time of application.

d. Site Conditions: No herbicide application will be allowed if conditions do not meet the label or U.S.

Forest Service requirements (most restrictive of the two shall be followed).

4.14 Spraying:

a. Coverage: It is the responsibility of the Contractor to identify the extent of target species within the project area. The contractor will ensure their workers follow the label limits for chemical application.

The Contractor will be required to demonstrate that they can provide adequate and uniform coverage.

Contractor shall furnish mixing equipment, suitable work crew, PPE, and perform mixing operation.

Spray formulation shall be thoroughly mixed according to the herbicide label and distributed over the entire target area for annual grass species.

i. Do not apply directly to water or to areas where surface water is present below the mean high-water mark

ii. Individual rosettes will be sprayed

iii. Treatment of known infestations on private land will NOT be authorized by the U.S.

Forest Service.

b. Application Paths: The Contractor must keep spray applications within the perimeter of the U.S. Forest

Service provided project area, including access routes.

7- HTNF Sierra Front NV Goatgrass Weeds Project

c. Application Height: If a spray boom is used, it shall be set at a height to obtain proper distribution and uniform coverage of herbicide on target species. Contractor shall follow Herbicide Label instructions on Spray Drift Management to obtain proper boom height.

d. Spray Drift Management: The interaction of equipment and weather-related factors determines the potential for spray drift. The Contractor is responsible for considering all these factors when making application decisions. Avoiding spray drift is the responsibility of the Contractor and listed on product labels.

e. Buffer Zones: The Contractor is required to follow herbicide label instructions, state rules, and USFS policy for minimum buffer zones; most restrictive of regulations shall be followed.

f. Sprayer equipment clean-up shall be conducted according to label instructions.

4.15 Cultural/Paleontological Considerations: Cultural and/or paleontological resources are present in the area; therefore, ground-based project activities and any other action that causes disturbance of the ground’s surface shall be limited to those areas approved by the U.S. Forest Service. The Contractor shall insure that their employees or representatives do not collect or disturb historic, prehistoric, or paleontological artifacts in accordance with the Archeological Resource Protection Act (43 CFR 7).

Should the condition of cultural and/or paleontological resources in the area be altered during treatment due to unauthorized activity by the Contractor or their employees, the Contractor shall be responsible for all costs of mitigating the cultural resources involved. If disturbance to or deterioration of archeological or paleontological sites is found to be occurring during treatment, the Contractor shall immediately suspend all activities in the immediate vicinity that might harm the site/object intact until instructed to proceed by the U.S. Forest Service representative; and shall leave the site/object intact until instructed to proceed.

4.16 Field Quality Control:

a. Tests for Uniformity: The U.S. Forest Service representative may complete tests to determine uniformity of herbicide application.

b. Tests for Rate of Application: Rate of spraying may be determined from test applications and strip tests made prior to commencement of spraying operations to establish setting of the distribution mechanism.

U.S. Forest Service staff may inspect the calibration of the equipment at any time.

c. Areas may be inspected during and after treatment. An acceptable level of treatment will be met when all above ground noxious weed growth within the designated areas have been chemically treated with the specified herbicide. Excessive chemical application will result in a top-kill only and does not allow the plant to translocate the chemical throughout the plant. An 80% efficacy is acceptable.

SAFETY INFORMATION

5.0 Safety:

5.1 A spill cleanup kit will be available wherever pesticides are used, transported, or stored. A Spill Containment Kit shall be of sufficient size to contain 10% more herbicide than they have on site plus additional items such as absorbent material, shovel, garbage bags with ties and labels, paper towels, hose clamps, duct tape, and hand tools sufficient to stop the leak and contain the spill.

5.2 Transportation of herbicides: The Contractor shall be responsible for the transport of chemical herbicides used to fulfill the specifications of this contract to the Contractor’s loading site. The Contractor shall secure herbicide containers in mixing area to prevent spillage. The Contractor shall load and transport herbicide from the pick-up point to the work sites and shall be responsible for its protection from loss or damage due to weather, rodents, insects, theft, or any other hazard.

5.3 Protective clothing and equipment for contract employees exposed to herbicides. The Contractor

8- HTNF Sierra Front NV Goatgrass Weeds Project shall supply PPE to contract workers that guarantee minimal exposure throughout the herbicide application process. The Contractor shall follow all regulations regarding PPE which appears on the herbicide label, and MSDS/SDS. The Contractor shall make available cleanup facilities to contract employees exposed to herbicides or herbicide-contaminated equipment.

5.4 Storage of herbicides: The Contractor will be responsible for the storage of all chemicals and will restrict access to the chemicals when the licensed applicator is not present.

5.5 Mixing and application of herbicides:

a. The Contractor shall mix herbicides in accordance with the proportions listed on the product labels. The Contractor shall provide adequate protective clothing and equipment for employees who mix the herbicides.

b. Follow herbicide application instructions to not further expose workers or civilians via direct contact or drift. The Contractor shall be very aware and cautious of any environmental hazard present during herbicide application. Upon completion of herbicide application, the Contractor shall thoroughly clean equipment and dispose of waters, residues, rinses, and unused herbicides only according to EPA and Nevada State regulations. All empty herbicide containers will be tripled rinsed, labels removed and punctured by the Contractor after mixing. The Contractor shall be responsible for disposal or recycling of empty containers.

c. Mixing of chemicals and preparation of treatment devises will occur only on asphalt surfaces or on the main dirt roads.

d. Containers (other than the original labeled registered container) used to hold, store, or transport herbicides require the following labeling:

i. Name, address, and telephone number of the business

ii. Name of the product with EPA Registration number

iii. Name and percentage of the Active Ingredient

iv. Precautionary (signal) word from the registered label

This includes application equipment like backpack sprayers storing or transporting diluted herbicides. Application equipment must identify the herbicide within.

5.6 Spills and Accidents: The Contractor shall be responsible if accidents and chemical spills occur. The Contractor shall report spills and accidents immediately to the U.S. Forest Service within 4 hours and to the appropriate local authorities. The Contractor shall provide immediate treatment of contaminated or injured persons and seek professional medical attention when necessary. The Contractor shall control chemical spills quickly and shall secure additional help when the Contractor cannot effectively or safely handle the spill cleanup. Spills will be the responsibility of the Contractor and shall be cleaned up to the satisfaction of the local authorities and the U.S. Forest Service.

9- HTNF Sierra Front NV Goatgrass Weeds Project

SECTION C - CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

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

https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

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

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

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

(DEC 2022) (DEVIATION 2017-1)

Addenda to 52.212-4:

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

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31

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

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

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

108-78 (19 U.S.C. 3805note)).

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

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(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 (Nov 2021) (41 U.S.C. 3509)).

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

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

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

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

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

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15

U.S.C.657a).

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

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

657a).

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

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

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

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

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

(3)).(DEVIATION DEC 2022)

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

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

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

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

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

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

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

☐ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s) https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

11- HTNF Sierra Front NV Goatgrass Weeds Project

[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 (Oct 2022)

(15 U.S.C. 657f).

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

632(a)(2)).

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

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

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

637(m)).

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

644(r)).

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

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

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

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

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

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

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

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

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

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

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

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

2010) (E.O. 13496).

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

13627).

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

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

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

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

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

12- HTNF Sierra Front NV Goatgrass Weeds Project

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

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

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

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

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

☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

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

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

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

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

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

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☐ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

☒ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

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

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

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

☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46

U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

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

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

U.S.C. chapter 67).

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

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

Employee Class Monetary Wage/Fringe Benefits

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

14- HTNF Sierra Front NV Goatgrass Weeds Project

☐ (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 2022) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a)

15- HTNF Sierra Front NV Goatgrass Weeds Project on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

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

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

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

E.O 13627).

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

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

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

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

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

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

2022).

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

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

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

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

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

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

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

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

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

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

52.252-6 Authorized Deviations in Clauses (NOV 2020)

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

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

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452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

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

FAR 13:

(a) If unobligated funds in the amount of $1000 or…