Sol_140FS325Q0067.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

FS3

Falls Church VA 22041 5275 Leesburg Pike FWS, SAT Team 3 FWS, SAT Team 3

0011280026 CODE 16. ADMINISTERED BYCODE

X

X

X

325320

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORFS3

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

04/28/2025 1500 ED

04/15/2025

4046794158Lee Riley (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140FS325Q0067

5. SOLICITATION NUMBER

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

1 52 0044012850OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

BROOKSVILLE MS 39739

13723 BLUFF LAKE ROAD

FWS NOXUBEE NWR

15. DELIVER TO

Falls Church VA 22041 5275 Leesburg Pike FWS SAT Team 3

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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)

FWS SAT Team 3

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.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation: quotes are being requested, and a separate written solicitation will not be issued.

U.S. Fish and Wildlife Service is issuing a Request for Quotes for herbicide treatment of approximately 753 acres at FWS Noxubee NWR.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Fred Riley

. 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.

Solicitation 140FS325Q0067 is issued as a Request for Quotation (RFQ) that is 100% Small Business

Set-Aside and is conducted under FAR Parts 12 and

13, incorporating provisions and clauses in effect through Federal Acquisition Circular FAC

Number: 2024-03, Effective Date: 02/23/2024. The applicable North American Classification System

(NAICS) code is 325320, Pesticide and Other

Agricultural Chemical Manufacturing. The small business size standard is 1,150 employees.

Terms & Conditions:

Any additional contract requirement(s) or terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices are attached included in the Attachment

Solicitation-provisions and clauses-

140FS325Q0067.

The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/ or see terms & conditions attached to the solicitation.

In order to be eligible for award, all contractors must have an Active Registration in

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

52 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 52

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140FS325Q0067

the System for Award Management (SAM) website https://sam.gov/content/home. Please note, SAM is a free website and there is never a cost to register your entity.

Prior to or following receipt of an award, the

Contractor must register with the U.S. Department of the Treasury's Invoice Processing Platform

System (IPP) to submit requests for payment.

Please note, IPP is a free website and there is never a cost to complete registration. Invoices for services will be paid after the end of the month of service, advanced payments are not allowed.

Instructions:

All responsible business may submit a quote, which shall be considered by the agency. Award will be made as a firm-fixed- price contract to the lowest responsive responsible vendor.

Important Submission Info:

1. Question Submission: All questions regarding this Solicitation must be submitted in writing to the Contract Specialist, Lee Ann Riley at lee_riley@fws.gov no later than

Tuesday, April 21, 2025, at 3:00pm EDT. If necessary, questions received will be answered through an Amendment to this Solicitation.

Emails must indicate the following in the subject line: Question Submission for 140FS325Q0067.

2. Quote Submission:

Quotes (including all required documents) must be transmitted via e-mail to the Contract

Specialist, Lee Ann Riley at lee_riley@fws.gov, on or before Tuesday, April 28, 2025, at 3:00pm

EDT.

Emails must indicate the following in the subject line: Quote Submission 140FS325Q0067.

Required Submittal Documents:

Quoters responding to this solicitation must submit the following documents:

- SF 30: If applicable, provide signed amendments

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 52

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140FS325Q0067

(SF30)

- Quote: Submit a quote to include your SAM

Unique Entity Identifier (UEI) Number, Company

Name, Address, Point of Contact (POC) Name, Email

& Phone Number.

- Quote Schedule: Complete the attached document

- Past Experience & References: Complete the attached document or your own version that addresses each element.

Your quote will be considered non-responsive and will not be considered if all the above required documents are not completed in full and received as part of your submittal package.

An award will be made to the Contractor whose submittal documents conform to the requirements as described in this solicitation and who, based on a subjective assessment from the Government, offers the best value to include technical, past experience, and price. The Government reserves the right to award a contract to other than the lowest priced offer if, in its judgment, the non-cost factors outweighs the price difference.

CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached documents:

Statement of Work

Quote Schedule

Solicitation provisions_ and_clauses-_140FS325Q0062

ATTACHMENT 3 Past Performance Questionnaire

Contracting Office:

Lee Ann Riley, Contract Specialist

U.S. Fish & Wildlife Service Atlanta, GA Joint

Administrative Operations (JAO) lee_riley@fws.gov

Delivery: 10/01/2025

Period of Performance: 07/15/2025 to 10/01/2025

00010 Herbicide Spraying

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

Sponsored by GSA

FAR (48 CFR) 53.110

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. FISH & WILDLIFE SERVICE

Scope of Work for

Sam D Hamilton Noxubee National Wildlife Refuge Herbaceous Understory Treatment

STATEMENT OF WORK – HERBICIDE TREATMENT (753 ACERS) HERBACEOUS UNDERSTORY @ SDH NOXUBEE NWR

I. GENERAL INFORMATION

II. SCOPE OF WORK

III. APPLICABLE DIRECTIVES

IV. PERFORMANCE REQUIREMENTS

V. WORK TIME/HOURS OF DUTY

VI. SUPPLIES, MATERIALS, EQUIPMENT AND UTILITIES

VII. SUPERVISION

VIII. CONTRACTOR PERSONNEL QUALIFICATIONS

IX. DELIVERABLES

X. DELIVERABLES SCHEDULE

XI. QUALITY ASSURANCE PLAN

XII. MAPS

I. GENERAL INFORMATION

1.1 This is a non-personal services contract to provide herbicide application for treatment at the Wildlife Refuge (Refuge) in Winston and Noxubee County, Mississippi. Maps and shapefiles of sprayed area will be provided by Sam D Hamilton Noxubee NWR. Bids will include a cost per acre and a total cost. Total project size may increase or decrease depending on total project cost. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Point of Contact will be Paul Reynolds at 662 418 9743 (mobile).

1.2 Period of Performance: The period of performance shall begin on or about July 15, 2025, thru October 1, 2025.

If inclement weather or unforeseen socioeconomic factors restrict performance, an extension will be requested. This contract should be open for 1 year starting this year as funds become available.

1.3 Place of Performance: The work to be performed under this contract will be within the boundaries of the Refuge XIL map. Refuge operations will be coordinated from Refuge Headquarters located at 13723 Bluff Lake Road, Brooksville MS 39739.

1.4 Type of Contract: This is a Fixed Price contract/task order.

II. SCOPE OF WORK

2.1 Treatment Area. See XII maps, approximately 753 acres located in different locations within the boundaries of the refuge.

2.2 Treatment. A mixture of 16 ounces Polaris A/C (or equivalent), 2 ounces escort (or equivalent), 32 ounces nonionic surfactant per acre will be used within the treatment area.

2.3 Contractor must comply 100% with the agreed-upon plan of work. Method of treatment will be by ground.

Applications must be at the appropriate rate suggested by the manufacture and in accordance with the label. All work must be done according to work statement, EPA standards, herbicide label restrictions and any local and state regulations.

2.3 The Contractor shall provide all personnel, labor (i.e. herbicide application), equipment, Chemicals, supplies (i.e., transportation, tools, materials, supervision, and other non-personal services necessary to perform the requirements of this contract order and shall plan, schedule, coordinate, and ensure effective performance of required services for the entire duration of contract. Treatment applications shall be performed in such a manner as to protect non-target plant species, the environment, and the public. NOTE: The Point of Contact reserves the right to require the Contractor to replace any operating personnel, equipment used in the performance of this Contract if the personnel, or equipment are violating, or have violated, any state or federal laws is unsafe or for any valid reason. In this event, the Contractor shall, as soon as reasonably possible, upon written or verbal notice (to be later reduced to writing) from the Contracting Officer, provide replacements satisfactory to the Contracting Officer and Point of Contact at no additional cost.

2.5 The Point of Contact must be notified at least 48 hours prior to any application of chemical.

2.6 Only Low Ground Pressure tracked or wheeled heavy equipment, ATV’s and UTV’s will be allowed to operate within the treatment units. No rutting will be permitted at any time.

2.7 The Contractor shall avoid any damage to native vegetation and wildlife. The Contractor shall not collect, harass, harm, or molest native plants or wildlife. The Contractor shall avoid damage to sensitive archaeological sites such as Native American and shell mounds. The Contractor shall be responsible for the removal of all trash and treatment-related equipment. The Contractor shall be held liable if damage was determined to be the fault of the Contractor (negligence), the result of improper treatment techniques, or the result of Contractor control activities.

2.8 The ground crew supervisor must be a licensed herbicide applicator, and shall be responsible for data collection, herbicide application and inventory, herbicide safety procedures, and crew supervision. The ground crew supervisor shall have navigation equipment such as a hand-held Global Positioning System (GPS) unit, to mark areas of treatment for submittal to the Refuge. All targeted plants, or populations of such plants, shall be treated and treatment sites recorded at each designated location before proceeding further as per the Point of Contact specifications. The Point of Contact shall provide technical support concerning species treatments for each delineated work area. Under no circumstances shall a non-approved herbicide or combination thereof, be used without knowledge or permission of the Point of Contact and an approved Pesticide Use Proposal. Ground crews accessing the treatment area need be aware that the majority of the acres to be treated contain seasonal wetlands.

III. APPLICABLE DIRECTIVES

3.1 All Contractor employees performing work directly onsite must adhere to all local regulations, rules, policies relating to the obtainment of proper clearances, building access, site access, and badges. If applicable, must complete background investigation, computer security, and records management training.

3.2 The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

3.3 OSHA, 29 CFR 1910 (as applicable)

3.4 EPA regulations

3.5 The Contractor is responsible for acquiring and maintaining all federal, state and local licenses, certifications, and permits as required. This includes the State Certified Pesticide Applicator (License). The Contractor shall be required to submit a copy of the licenses to the Contracting Officer prior to the award date. The only exception to this requirement is that the Refuge will provide the Section 7 permit for endangered species for this contract. A copy of the Section 7 permit will be furnished to the Contractor and all conditions will be followed. Endangered species are not known to frequently occur in the treatment area and adhering to the Section 7 permit conditions should require minimal effort.

3.6 Litter violations will be handled under Federal Code of Regulations 50CFR27.94 (a), which carries a fine of $100.00 per incident upon conviction.

IV. PERFORMANCE REQUIREMENTS

4.1 Apply herbicide according to desired outcomes as per label directions and quantities.

4.2 The Crew Supervisor shall be responsible for notifying the Point of Contact within three weeks of treatment completion so that area can be inspected. Areas not treated, or not responding to treatment shall be required to be retreated at the Contractor’s expense, if it is determined that the Contractor provided inadequate treatment measures.

The Contractor shall be responsible for 100% treatment (two months post-treatment) of all listed species within the delineated treatment area.

4.3 The Contractor shall canvas 100% of the treatment area.

4.4 Non-Target Damage: Contractor will not apply herbicides when wind speeds, at ground level, are in excess of 7 mph or as agreed upon by the Point of Contact or when inversion conditions occur to limit drift.

4.5 Handling, Mixing, and Chemical Disposal: All herbicides and adjuvants/surfactants shall be handled and stored in accordance with instructions on the EPA registration label. All herbicides shall be mixed and applied in accordance with the label instructions. Unless noted, the Contractor shall be responsible for providing, handling, mixing, and disposing of all herbicides and adjuvants/surfactants. (The Government shall be responsible for providing all mixing water on all USFWS projects.) In addition, the Contractor shall ensure that no contamination of any water source occurs, and that emergency spill containment equipment or spill kit shall be present at the worksite and shall be capable of containing all potential herbicide or surfactant spills from contract vehicles or equipment.

4.6 The Contractor shall complete the herbicide application during the specified dates as directed by the Point of Contact.

4.7 The Contractor shall coordinate with the Government to determine the date(s) and time(s) of herbicide application to minimize impacts on other Government activities and so refuge staff has time to close roads and trails in the treatment area prior to treatment beginning. Contractor must have work dates and a plan of work approved by the Refuge 48 hours prior to beginning work, preferably established during a face-to-face pre-work meeting.

4.8 The Contractor shall clean and flush spray equipment in accordance with EPA guidelines. All spray tanks and mixing tanks must be properly cleaned (triple rinsed) prior to arrival or access will be denied. Contractor/operator may not flush/rinse out tanks onto the ground during operation or after the job is completed. Prior to leaving the worksite for the day, the Contractor shall remove all equipment and materials associated with contract or aerial spraying activities on government property unless approval has been granted by the Refuge Manager, and/or a storage site has been identified.

4.9 Contractor is responsible for cleaning up any spills that may occur.

4.10 The Contractor shall be responsible for the removal of all trash and treatment-related equipment. Trash shall be removed daily. If damage occurs, the Contractor shall be held liable if damage was determined to be caused by Contractor negligence, the result of improper treatment techniques, or the result of Contractor control activities.

4.11 The Point of Contact shall inform the Contractor of the time schedule as work progresses. However, the Point of Contact may halt work at any time upon written notice.

4.12 Weather and site conditions may interfere with the work completion schedule negotiated at the award conference. The Point of Contact may halt work at any time upon written notice for conditions beyond the control of the contractor. If this result in significant time lost, the completion date for the project can be re-negotiated by the Contracting Officer, Point of Contact, and the Contractor.

V. WORK TIME/HOURS OF DUTY

5.1 Work will not be performed on the following holidays: New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, and Christmas.

5.2 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 6 am – 6 pm Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. Additional hours must be approved by the Point of Contact prior to implementing. For other than firm fixed price contracts, the Contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this Performance Work Statement when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

VI. SUPPLIES, MATERIALS, EQUIPMENT, AND UTILITIES

NOTE: As a government agency dedicated to “working with others to conserve, protect and enhance fish, wildlife, and plants and their habitats for the continuing benefit of the American people,” the U.S. Fish and Wildlife Service strives to incorporate the most ecologically sound and environmentally beneficial technologies, materials, and practices into all aspects of planning and operations. To help achieve this mission and meet Executive Orders (EOs) and Department of the Interior (DOI) planning requirements, the USFWS has implemented strategies to reduce the environmental impacts associated with procurement, lease acquisition, waste prevention and recycling, facility design, construction, operation, and management, contracting and permitted commercial visitor services. These strategies have been collectively referred to as the FWS’s Green Procurement and Waste Prevention & Recycling Program (Greening Program) and are a part of the FWS’s overall approach to environmental management.

6.1 Government will furnish water.

VII. SUPERVISION

7.1 In order to ensure performance and accomplishment of the work as outlined herein, the Contractor shall always provide adequate and competent supervision for all work to be accomplished by the Contractor’s employees. When contract work is in progress, supervisory personnel shall always be available to receive notices, reports, or requests from the Contracting Officer, Point of Contact or his authorized representative. At no time shall Government representatives direct or supervise the activities of the Contractor’s employees.

7.2 On-site Supervision: An on-site supervisor, with the ability to speak and understand English clearly and with the authority to act for the Contractor on a day-to-day basis and to sign inspection reports and all other correspondence on behalf of the Contractor, shall be present at the work site at all times when contract work is in progress, unless a contractor employee can act on the supervisor’s behalf.

7.3 Ensuring that Contractor personnel are properly trained to perform their assigned work in a proper, safe, and efficient manner, and ensuring that the proper supplies, materials, and equipment are on hand.

7.4 Taking action to prevent general carelessness by employees and/or abuse of facilities or equipment.

7.5 Indoctrinating employees to prevent and report fire and hazardous conditions.

VIII. CONTRACTOR PERSONNEL QUALIFICATIONS

8.1 Supervisory Personnel: All supervisory employees engaged in directing the work to be accomplished under this contract shall possess, at least with-in the last two years of recent, (within the past four years) experience in directing the subject service-type operations in a supervisory capacity for buildings/property of the approximate size/scope under this contract.

IX. DELIVERABLES

9.1 Frequent reporting/accounting of overall progress and (to-date) expenditures (i.e. 25%, 50%, 90%) or as determined by the Contracting Officer or Point of Contact.

9.2 A detailed treatment report that will include a map of the treatment area will be submitted within 2 weeks of completing the treatment and includes a chemical use section detailing application rates, coverage area and other chemical facts. Digital geodata of the treated areas will be submitted to the Point of Contact at paul_reynolds@fws.gov within 2 weeks of completing the treatment and will be either an ArcMap/ArcGIS Pro (point or polygon) feature class or a Google Earth kml/kmz file.

9.3 Safety/spill response plan.

9.4 The Point of Contact will inspect all areas periodically during the contract period and will perform a final inspection of all areas 60 days following treatments.

X. DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Routine reporting/accounti ng of progress and

(to-date)

25%, 50%, 90%

Hard/soft copy in MS Word or Excel format

Point of Contact mailto:paul_reynolds@fws.gov

Deliverable Frequency # of Copies Medium/Format Submit To expenditures

Universal Daily Progress Report

Recorded daily;

submitted weekly

Word or Excel format

Treatment Report

2 weeks post initial treatment

Word or Excel format and associated geodata.(ESRI or

Google Earth)

Coordination, application, and wrap-up meetings

As directed by the Contracting

Officer/Point of Contact n/a Meeting

XI. Quality Assurance Plan

11.1 Comply with all contract terms and conditions. 100% compliance

11.2 Maintain safety of workers and work environment at all times. 100% compliance with no deviations

11.3 Maintain a Quality Control Plan and immediately disclose/report any problems. 100% compliance

11.4 Ensure all equipment is in good working order during the entire period of performance and safeguard the use and storage of all chemicals. 100% compliance

11.5 The task shall be considered completed following a thorough final inspection of the treatment area by the Point of Contact, and only if it is determined that the Contractor treated 100% of the area within the delineated treatment area after the treatment has been completed and achieved a 100% treatment rate one months post-treatment. If it is determined that the Contractor did not achieve a 100% treatment rate, and was found in non-compliance, additional re-treatment of the entire area shall be performed at the Contractor’s expense. 100% compliance

11.6 Inspection of materials, equipment, and chemicals. The Contracting Officer or Point of Contact reserves the right to inspect, at any time upon notice to the Contractor, the Contractor’s procedures, spray system, spray solution, and other ancillary equipment, and operating personnel. Inspection, however, shall not relieve the Contractor of any obligations or responsibilities, nor shall it transfer any liability to the Refuge.

11.7 Final payment shall be held until a 100% treatment rate is reached for the treatment area as determined by the final inspection conducted by the Point of Contact two months post treatment. Prior to reaching a 100% treatment rate and after the initial treatment, 75% of the awarded contract can be invoiced by the Contractor for payment. The remaining 25% of the awarded contract cannot be invoiced until a 100% treatment rate is reached. Unless 100% treatment is shown on targeted vegetation, the Contractor must return to the unaffected portion of the site and re-spray at no expense to the government within 12 months of the original treatment.

Evaluation and Acceptance:

Inspection and acceptance will be conducted by the Technical Point of Contact based on Past Performance with similar Group and/or Agency and Technical Capabilities. The contractor shall provide past performance information on attached Past Performance Document for previous services that have been provided.

Question/Quote Submittal/Price Quote:

All Questions and Concerns must be directed to the Contracting POC ONLY: The Contracting POC is Lee Ann Riley, Contract Specialist, USFWS. Please email inquiries to lee_riley@fws.gov no later than Tuesday April 21, 2025, C.O.B.

Quote Submittal - Quoters are required to submit a written/electronic quote via email to Lee Ann Riley lee_riley@fws.gov on or before Tuesday April 28, 2025 @ 3:00 pm ES.

Price Quote - PLEASE PROVIDE QUOTE ON ATTACHED QUOTE SCHEDULE

Submittal of a quote price to include all services for the herbicide treatment of 753 acres on FWS Noxubee NWR. Budget to include material/supplies, equipment, manpower, overhead and all necessary components to fulfill this requirement.

Required Submittal Documents:

Quoters responding to this solicitation must submit the following documents:

- SF 1449

- SF30 -: If applicable, provide signed amendments (SF30)

- Quote: Submit a quote proposal to include your SAM Unique Entity Identifier (UEI) Number, Company Name, Address, Point of Contact (POC) Name, Email & Phone Number.

- Quote Schedule: Complete the attached document

- Experience & References: Complete the attached document or your own version that addresses each element.

Your quote will be considered non-responsive and will not be considered if all the above required documents are not completed in full and received as part of your submittal package.

The Government will award a delivery/purchase order resulting from this solicitation to the responsible quoter/vendor whose offer conforming to the solicitation will be most advantageous to the government in terms.

Payments:

The Contractor MUST be registered in the System for Award Management (SAM.GOV) to participate in this requirement.

The SAM can be found at https://www.sam.gov. Payments will be made via Electronic Funds Transfer using the data within the SAM registration database.

The Contractor is also required to be registered in the Invoice Processing Payment Platform System (IPP.GOV) to submit electronic invoices. Any questions regarding this billing system should go to the Customer Support for the IPP directly at telephone: 866-973-3131 or by email: ippgroup@bos.frb.org. The contractor must submit all cost and pricing data, receipts, and vouchers as an attachment to the electronic invoice in the IPP.GOV that matches and supports what is being invoiced.

Note: The order is subject to invoicing via www.IPP.gov.

XII. Maps

HERBICIDE TREATMENT (753 ACERS) HERBACEOUS UNDERSTORY

SDH NOXUBEE NWR

RFQ 140FS325Q0067

Vendor Company Name:

Vendor Company Contact Name:

Vendor Contact email:

Vendor SAM.GOV UEI Number:

Description Price/per acre Total Quote Amount

Herbicide Spraying

Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES - ALTERNATE I (NOVE 2021)

---Addendum to 52.212-4---

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE

PROCESSING PLATFORM (IPP) (FEB 2021)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

'Payment request' means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:

https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Supporting Invoice Documentation

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

--- End of Addendum to 52.212-4---

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

(DEVIATION FEB 2025)

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

(1) 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 http://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov 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. 3805 note)).

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:

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 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 (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (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) [Reserved].

[ ] (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

[X] (9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

(10) 52.204–28, Fe[ ]deral Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub.

L. 115–390, title II).

(ii) Alternate[ ] I (Dec 2023) of 52.204–30.

[X](12)52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).

[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[ ] (14) [Reserved]

[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a). [ ] (16) 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).

(17) [Reserve[ ]d]

[X] (18) (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.

[ ] (19) (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.

[ ](20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/part-52#FAR_52_209_6

[ ](21) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (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 (JAN 2025) of 52.219-9

[ ] (22) (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.

[ ](23) 52.219-14, Limitations on Subcontracting (OCT 2022) Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

[ ] (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C.

657f).

[ ](26) (i) 52.219-28, Postaward Small Business Program Representation (JAN 2025) (15 U.S.C. 632(a)(2)).

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

[ ] (27) 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)).

[ ] (28) 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)). [ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

[X](30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).

[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[ ](32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2025) (E.O.13126). [ ] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[ ] (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). [ ]

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

[ ] (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). [ ] (ii)

Alternate I (Jul 2014) of 52.222-35.

[X] (36) (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.

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

[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

[X] (39) (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. chapter 78 and E.O. 13627).

[ ](40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( 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.)

[ ] (41) (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.)

[X](42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

[ ](43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

[ ](44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

[ ](45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

[X](46) 52.223-23, Sustainable Products and Services (May 2024) (DEVIATION Feb 2025) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

[ ] (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).

[ ] (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29

(sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.federalregister.gov/executive-order/12989 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_23 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/7671l

110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I [Reserved].

[ ](iii) Alternate II (JAN 2025) of 52.225-3.

[ ] (iv) Alternate III (NOV 2023) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (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).

[X](55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O.

13513).

[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

[X] (57) 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).

[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C.

3332).

[X] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[ ] (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[ ] (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ](64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

[ ](65) (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:

[X] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

[X] (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).

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

Employee Class Monetary Wage-Fringe Benefits

[List as necessary]

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

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.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).

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

https://www.acquisition.gov/far/part-52#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513 https://www.federalregister.gov/executive-order/13513

[ ] (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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub.

L. 117-328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L.

115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (JAN 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

(xiv) 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.

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

(xvi) (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.