Sol_140L0724Q0004.pdf
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- BDO BLM FY24 BROADCAST SEEDING #1 Federal contract opportunity
- Solicitation number
- 140L0724Q0004
About this file
This solicitation from the Bureau of Land Management requests quotes for broadcast seeding services. The contractor will be required to aerially seed over 9,000 acres across four seed mixes in southern Idaho between January and February 2024. Seeding must be performed using GPS differential guidance systems to navigate the remote terrain. The contractor will pick up seed from the BLM warehouse and is responsible for safe transport and storage. The contractor must demonstrate the ability to complete the work within 10 calendar days of receiving the notice to proceed. Quotes are due by January 3rd and should include equipment descriptions, safety plans, licenses, schedules, and references for relevant past performance. Prices will be evaluated separately for each seed mix item. Award will be made to the responsible offeror whose proposal offers the best overall value based on technical capability, experience, past performance, and price.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Sol_140L0724Q0004_Amd_0001.pdf | ||
| L0724Q0004_Broadcast_Seeding_RFQ_Amended_12-21-23_0001.doc | DOC document | |
| Border_Seeding.pdf | ||
| 2015-5513_Rev_20_7-26-23.docx | DOCX document | |
| 2015-5503_Rev_20_7-13-23.docx | DOCX document | |
| Ant_Seeding.pdf | ||
| Travel_map.pdf | ||
| South_Tom_Seeding.pdf |
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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
0004276356 CODE 16. ADMINISTERED BYCODE
X
X
X
115112
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORLDB
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
01/03/2024 1000 MS
12/14/2023
2083843317Nikki Bachman (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140L0724Q0004
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 46 0040640089OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
BOISE ID 83705-5389
3948 DEVELOPMENT AVE
BLM-ID BOISE DISTRICT OFFICE*
15. DELIVER TO
BOISE ID 83705
3948 DEVELOPMENT AVE
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$9.5
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
BLM ID-BOISE DIST OFC(IDB00)
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Delivery: 02/16/2024 Period of Performance: 01/16/2024 to 02/16/2024
00010 South Tom Mix 1 Product/Service Code: F002 Product/Service Description: NATURAL
RESOURCES/CONSERVATION- AERIAL SEEDING
Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Nikki Bachman
. 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 FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
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:
REF.
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. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
00020 South Tom Mix 2
Product/Service Code: F002
Product/Service Description: NATURAL
RESOURCES/CONSERVATION- AERIAL SEEDING
00030 Ant Mix
Product/Service Code: F002
Product/Service Description: NATURAL
RESOURCES/CONSERVATION- AERIAL SEEDING
00040 Border Mix
Product/Service Code: F002
Product/Service Description: NATURAL
RESOURCES/CONSERVATION- AERIAL SEEDING
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
46 2 of
SOLICITATION NO: 140L0724Q0004
TITLE: BDO BLM FY24 Broadcast Seeding #1 Page 3
INFORMATION TO PROSPECTIVE QUOTERS
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; proposals are being requested and a written solicitation will not be issued. Firm, fixed-price quotes are requested under Request for Quotation (RFQ) Solicitation number 140L0724Q0004. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2023-05. This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 115112. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $9.5 Million.
No Site Visit will be held
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
Questions Due Date: December 27, 2023
Due Date: January 3, 2024 MST. Quotes will be accepted via Email at nbachman@blm.gov. Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov.
In accordance with this Solicitation Section 4 - Solicitation Provisions
See FAR 52.212-2 Evaluation - Commercial Items
The overall proposal shall consist of a completed Standard Form 1449, completed Bid Schedule, and a detailed work plan that demonstrates the capability to meet the technical aptitude of the Statement of work. NOTE: Submit only the requested items above, not the entire Solicitation.
To expedite the handling of your quotation, please check the following items:
❏ Is the unit price legible?
❏ Is the extended price correct?
❏ Have you initialed any changes or erasures?
https://www.sam.gov/
TITLE: BDO BLM FY24 Broadcast Seeding #1 Page 4
TABLE OF CONTENTS
Section 1: Solicitation/Contract Form See Standard Form 1449
Section 2: Contract Clauses 16
Section 3: List of Documents, Exhibits, and Other Attachments 29
Section 4: Solicitation Provisions 30
TITLE: BDO BLM FY24 Broadcast Seeding #1 Page 5
SECTION 1: BID SCHEDULE
Bid Schedule
SCHEDULE OF SUPPLIES AND SERVICES
BDO BLM FY24 BROADCAST SEEDING #1
Line Item No.
Description Estimated Quantity
Unit of Issue
Estimated Bulk Pounds of seed
Estimated Bulk
Lbs/Acre
Unit Price ($/ Acre)
Total Cost
1 South Tom Mix 1 (Shrubs/Grass) 1,067 Acres 6,980 16.5 2 South Tom Mix 2 (Forbs) 565 Acres 200 0.4 3 Ant Mix 1,995 Acres 22,000 11.0 4 Border Mix 5,599 Acres 18,890 3.4
Total 9,226 48,070 BDO BLM FY24 Broadcast Seeding #1
Total Estimated Acres: 9,226 Pre-work meeting: 1/16/2024 Approximate Start Date: 1/16/2024 Performance Time: 10 calendar days
Actual start date is dependent on when government-provided seed will be available, approximated date as listed above.
The contractor shall be required to start work within three days after being notified by the Contracting Officer’s Representative.
Offerors are to complete Block 17a and blocks 30 - 31 of the SF-1449.
This Solicitation is “All or None”
TITLE: BDO BLM FY24 Broadcast Seeding #1 Page 6
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
Item No.
Description Coverage
Estimated Quantity (Acres)
Estimated Bulk Pounds of seed
Estimated Bulk
Lbs/Acre
Seed Mixing
Seed Pickup
Location 1 South Tom Mix 1 (Shrub/Grass) 100 1,067 6,980 16.5 Mixed Boise, ID 2 South Tom Mix 2 (Forbs) 100 565 200 0.4 Mixed Boise, ID 3 Ant Mix 100 1,995 22,000 11.0 Mixed Boise, ID 4 Border Mix 100 5,599 18,890 1.8 Mixed Boise, ID
BID ITEM TOTALS 9,226 48,070
Item 1 – South Tom Mix 1 (Shrub/Grass)
1. Application Method: Appropriate to meet required Period of Performance. No off-road travel is permitted and application method shall not result in ground disturbance.
2. Approximate Total Acreage: 1,067 acres
3. Location of Project Site(s) as Shown on Project Location Maps: The project is located approximately 28 miles south of Boise, Idaho. The project will be implemented on federal lands administered by the Bureau of Land Management’s (BLM) Four Rivers Field Office.
Elevation ranges from 2,980 to 3,120 feet. Access to the work site via ground may be limited due to winter weather conditions.
4. Requirements of Equipment to be Supplied by the Contractor: Sufficient to meet specifications of the contract.
5. Loading Facilities: Use of any loading area on federal, state, or private land shall be arranged by, and at the discretion and risk of, the contractor. If the contractor wishes to use BLM land, this must be approved in advance by the Contracting Officer’s Representative
(COR).
6. Crew Requirements: Crew for handling seed and loading application equipment shall be furnished by the contractor.
7. Location of Seed to be Furnished by the Government: It is the responsibility of the contractor to pick up project seed from the BLM Seed Warehouse located in Boise, Idaho and transport seed to the project loading site. 24 hour advanced notice for scheduling seed pickup is required. Contractor will be provided contact information for warehouse.
8. South Tom Mix 1 (Shrub/Grass): Total of 6,980 pounds of seed to seed 1,089 acres. Actual seeding rates may vary due to seed availability and PLS ratings.
South Tom Mix 1 (Shrub/Grass) Seed Type/Variety Seeding Acres Bulk Lbs/ Ac BULK Total
Lbs
Wyoming big sagebrush 1,067 1.0 1,080
TITLE: BDO BLM FY24 Broadcast Seeding #1 Page 7
Rubber rabbitbrush 1,067 2.0 2,150 Sandberg bluegrass – Mountain Home 1,067 3.5 3,750
TOTALS 1,067 4.1 7,170
Item 2 – South Tom Mix 2 (Forbs)
1. Application Method: Appropriate to meet required Period of Performance. No off-road travel is permitted and application method shall not result in ground disturbance.
2. Approximate Total Acreage: 565 acres
9. Location of Project Site(s) as Shown on Project Location Maps: The project is located approximately 28 miles south of Boise, Idaho. The project will be implemented on federal lands administered by the Bureau of Land Management’s (BLM) Four Rivers Field Office.
Elevation ranges from 2,980 to 3,120 feet. Access to the work site via ground may be limited due to winter weather conditions.
3. Requirements of Equipment to be Supplied by the Contractor: Sufficient to meet specifications of the contract.
4. Loading Facilities: Use of any loading area on federal, state, or private land shall be arranged by, and at the discretion and risk of, the contractor. If the contractor wishes to use BLM land, this must be approved in advance by the Contracting Officer’s Representative
(COR).
5. Crew Requirements: Crew for handling seed and loading application equipment shall be furnished by the contractor.
6. Location of Seed to be Furnished by the Government: It is the responsibility of the contractor to pick up project seed from the BLM Seed Warehouse located in Boise, Idaho and transport seed to the project loading site. 24 hour advanced notice for scheduling seed pickup is required. Contractor will be provided contact information for warehouse.
7. South Tom Mix 2 (Forbs): Total of 200 pounds of seed to seed 565 acres. Actual seeding rates may vary due to seed availability and PLS ratings.
South Tom Mix 2 (Forbs) Seed Type/Variety Seeding Acres Bulk Lbs/ Ac BULK Total
Lbs Sagebrush (Royal) Penstemon 565 0.05 50 Western Hawksbeard 565 0.05 50 Basalt Milkvetch 565 0.05 50 Fernleaf Biscuitroot 565 0.05 50
TOTALS 1,089 0.2 200
TITLE: BDO BLM FY24 Broadcast Seeding #1 Page 8
Item 3 – Ant Mix
1. Application Method: Appropriate to meet required Period of Performance. No off-road travel is permitted and application method shall not result in ground disturbance.
2. Approximate Total Acreage: 1,994 acres
3. Location of Project Site(s) as Shown on Project Location Maps: The project is located approximately 28 miles east of Weiser, Idaho in Washington County, and approximately 96 miles north of Boise, Idaho. The project will be implemented on federal lands administered by the Bureau of Land Management’s (BLM) Four Rivers Field Office. Elevation ranges from 2,800 to 4,000 feet. Access to the work site via ground may be limited due to winter weather conditions.
4. Requirements of Equipment to be Supplied by the Contractor: Sufficient to meet specifications of the contract.
5. Loading Facilities: Use of any loading area on federal, state, or private land shall be arranged by, and at the discretion and risk of, the contractor. If the contractor wishes to use BLM land, this must be approved in advance by the Contracting Officer’s Representative
(COR).
6. Crew Requirements: Crew for handling seed and loading application equipment shall be furnished by the contractor.
7. Location of Seed to be Furnished by the Government: It is the responsibility of the contractor to pick up project seed from the BLM Seed Warehouse located in Boise, Idaho and transport seed to the project loading site. 24 hour advanced notice for scheduling seed pickup is required. Contractor will be provided contact information for warehouse.
8. Ant Mix: Total of 22,000 pounds of seed to seed 1,994 acres. Actual seeding rates may vary due to seed availability and PLS ratings.
Ant Mix 2 Seed Type/Variety Seeding Acres Bulk Lbs/ Ac BULK Total
Lbs
Xeric big sagebrush 1,994 2.0 4,000 Bluebunch wheatgrass 1,994 6.0 12,000 Sandberg bluegrass 1,994 3.0 6,000
TOTALS 1,994 11.0 22,000
TITLE: BDO BLM FY24 Broadcast Seeding #1 Page 9
Item 4 – Border Mix
1. Application Method: Appropriate to meet required Period of Performance. No off-road travel is permitted and application method shall not result in ground disturbance.
2. Approximate Total Acreage: 5,599 acres
3. Location of Project Site(s) as Shown on Project Location Maps: The project is located approximately 21 miles southeast of Midvale, Idaho in Gem, Payette and Washington Counties, and approximately 20 miles north of Emmett, Idaho. The project will be implemented on federal lands administered by the Bureau of Land Management’s (BLM) Four Rivers Field Office. Elevation ranges from 3,600 to 4,900 ft. Access to the work site via ground may be limited due to winter weather conditions.
4. Requirements of Equipment to be Supplied by the Contractor: Sufficient to meet specifications of the contract.
5. Loading Facilities: Use of any loading area on federal, state, or private land shall be arranged by, and at the discretion and risk of, the contractor. If the contractor wishes to use BLM land, this must be approved in advance by the Contracting Officer’s Representative
(COR).
6. Crew Requirements: Crew for handling seed and loading application equipment shall be furnished by the contractor.
7. Location of Seed to be Furnished by the Government: It is the responsibility of the contractor to pick up project seed from the BLM Seed Warehouse located in Boise, Idaho and transport seed to the project loading site (refer to IV. Seeding, Section K).
24 hour advanced notice for scheduling seed pickup is required. Contractor will be provided contact information for warehouse.
8. Border Mix: Total of 18,890 pounds of seed to seed 5,599 acres. Actual seeding rates may vary due to seed availability and PLS ratings.
Border Mix Seed Type/Variety Seeding Acres Bulk Lbs/ Ac BULK Total Lbs
Wyoming big sagebrush 5,599 0.6 3,320 Basin big sagebrush 5,599 0.5 2,800 Mountain big sagebrush 5,599 0.6 3,320 Rubber rabbitbrush 5,599 0.3 1,700 Idaho Fescue 5,599 1.2 6,450 Small burnett 5,599 0.2 1,300
TITLE: BDO BLM FY24 Broadcast Seeding #1 Page 10
TOTALS 5,599 1.80 18,890
I. GENERAL
A. Requirement - The Contractor shall furnish all necessary supervision, management, labor, equipment, materials, and incidental services to perform broadcast seeding for the BLM Boise District area of responsibility as specified herein.
Contractor shall be required to utilize a Differentially Corrected Global Positioning System (DGPS) for electronic navigation. System must be capable of utilizing ArcGIS ESRI shapefiles created by the government and provided in digital format to the contractor on a USB compatible flash memory stick.
1. On the ground flaggers and an auto-flagger system can supplement the DGPS system, but not substitute for it.
B. Navigation - DGPS is required for tracking and data collection. The Contractor shall provide all guidance equipment, materials, computers, printers, personnel, and services required for the system to be used. The system shall be sufficiently sensitive to provide immediate deviation indications (real-time).
The DGPS system must be capable of determining a differentially corrected location with an error of no more than one to two meters in the horizontal plane. The guidance system shall be capable of updating current position at a rate of a minimum of one time per second. Differential correction must cover the complete operational area. During operation differentially corrected signal must be accurately recorded at least 90% of the operational time. Differential correction may be provided by a portable differential station, FM radio fixed towers or satellite.
Software provided with DGPS must be designed for parallel offset in increments equal to the assigned swath width of the application equipment.
Contractor shall be required to provide Contracting Officer’s Representative (COR) or Project Inspector (PI) a downloadable copy of software and instructions, if necessary, to view provided project log files. Copy of software will be returned after project completion upon request of Contractor.
II. EQUIPMENT REQUIREMENTS
A. Software - Software provided with DGPS must be designed for parallel offset in increments equal to the assigned swath width of the application equipment.
B. Log – Log must be capable of a minimum rate of one-second logging intervals.
Full record includes position, time, altitude/elevation, speed track application system on/off, equipment number, operator, job name/number, and differential correction status. Must be capable of calculating and showing total acres treated during the seeding operation. Must be
TITLE: BDO BLM FY24 Broadcast Seeding #1 Page 11 capable of downloading to a computer for post-application analysis and review. When viewed on a computer monitor or printer the seeding application log must show the entire seeding pattern of the equipment from the loading area, and differentiate between when equipment is en route to project area and when equipment is seeding on the project area. Export files of each seeding operation shall be provided and must be compatible with ARCGIS ESRI system. Contractor will provide export files on a USB drive. The DGPS system must be capable of zooming in on any portion of the treatment to view a specific area with greater detail.
C. Hardware:
i. Visual display monitor – Must be: (1) capable of displaying swath width over seeding path; (2) mounted in seeding equipment in a location that will allow the operator to view the screen with direct or peripheral vision without looking down; (3) have a method to display nested polygons to indicate sensitive or no-seeding areas within or adjacent to treatment blocks; (4) have a feature that allows the operator to return to the exact location of application shutdown and complete application without omitted or doubled treated areas.
ii. Control Keypad - The keypad must: (1) be able to input reference waypoints (A-B line); (2) have a feature which alerts the operator when they are about to enter or exit a specific treatment block or an exclusion area within a block; (3) have a method to display nested polygons to indicate sensitive or no-seeding areas within or adjacent to treatment blocks; (4) have a feature that allows the operator to return to the exact location of application shutdown and complete application without omitted or doubled treated areas.
ii. Course Deviation Indicator (CDI) - The course deviation indicator or course deviation light must have the capability to display both cross-track error and intercept angle to desired heading. The CDI must be installed on the seeding equipment in a location that will allow the operator to view the indicator with direct or peripheral vision without looking down. Cross-track error shall be adjustable down to 0.3 meters (1 foot).
iii. Memory - Must be capable of storing up to 8 hours of continuous equipment operation log data.
III. BASE OF OPERATIONS
The Contractor shall provide such seed loading sites as may be required for competent performance of contract. Use of any loading site shall be arranged by and at the discretion and risk of the Contractor, and the Government shall not be held responsible for any loss, mishap, or accident due to conditions of any loading facility used. If Contractor wishes to use BLM land this must be approved in advance by the COR. The Contractor shall provide appropriate warning signs for traffic if roads are used as loading sites.
TITLE: BDO BLM FY24 Broadcast Seeding #1 Page 12
IV. SEEDING
A. General - The Contractor shall seed designated areas in conformance with these specifications and the Detailed Specifications. Unless otherwise specified, the Contractor shall furnish at work sites applicator(s) experienced in applying seed in rough, rocky or mountainous terrain with varying topography and elevation, and all equipment, labor, supplies, and materials required to complete the job. The Contractor shall maintain his equipment as necessary to maintain satisfactory operations and continuous progress on work.
B. Equipment - Contractor shall furnish sufficient equipment to satisfactorily seed the designated areas in the time specified as required in the Detailed Specifications. Equipment shall be capable of traveling at moderate speed and at a low altitude to give proper control and distribution of seed such that uniform seeding is achieved.
C. Communication - The Contractor shall furnish sufficient equipment to have communications with the Government either by using radio frequencies designated by the COR or designated representative, or by providing a radio to the COR or designated representative.
D. Seed Tanks/Buckets - Sagebrush seed presents unique problems due to its bulkiness and its tendency to bridge in the seed tank/bucket. In addition, it is anticipated that a majority of the sagebrush seed will have a high moisture content which causes seed to compact, clump and bridge even more severely. Therefore, seed tanks/buckets shall include mechanical or pneumatic agitation systems or loading techniques to prevent the seed from bridging in the bucket and allow for continuous flow of seed for even distribution.
i. Seeding equipment shall be equipped with suitable hoppers for carrying seed with an approved distribution mechanism complete with release, shutoff, and spreading device which can be calibrated for spreading seed at the required pounds (lbs) per acre rate in a satisfactory manner and uniform pattern. Seed hoppers or buckets shall include lids which fasten securely to prevent seed from blowing out during operation.
E. Seeder Calibration - The Contractor shall initially calibrate seeding equipment to each individual mix at the required lbs/acre seeding rate prior to application on specific project areas. The Government will supply seed for calibration. However, the seed may not be available until approximately two days prior to the approximate start date of the project. Seed used for calibration shall be recovered for use on the project.
F. Seed – Contractor may be responsible for field mixing certain seed mixes or portions of seed mixes, refer to Detailed Specifications section. Seed of the species required for the contract will be issued by the Government to the Contractor. The seed will be furnished at the Boise BLM Regional Seed Warehouse located in Boise, Idaho, Monday through Friday 8:00 a.m. to 3:45 p.m. and require 24 hour advanced notice. Alternate hours of pickup may be arranged with the COR but cannot be guaranteed. Pickup times shall be coordinated between the COR and Contractor. Seed will be issued to the Contractor, or their authorized representative, and signed for on a receipt of property (DI-105) form.
TITLE: BDO BLM FY24 Broadcast Seeding #1 Page 13
Once the Contractor has been issued the seed, Contractor has accepted possession and shall be responsible for the transportation and protection of seed from loss or damage due to weather, rodents, insects, theft, or any other hazard. Any seed damaged or lost while in the custody of the Contractor will be replaced by the Government and actual cost to the Government for replacement will be deducted from payments due the Contractor. All unused seed shall be returned to the Boise BLM Regional Seed Warehouse by the Contractor upon completion of work or termination of the contract. All empty seed bags shall be tied in bundles of 25 bags each and returned to the Government by the Contractor.
G. Seeding Operation
i. Seeding Rate - Seed shall be distributed at the required seeding lbs/acre rate. Swath width will be established at time of equipment calibration and based on meeting the required lbs/acre seeding rate as stated in the Detailed Specifications or as directed by the COR.
Periodic spot field checks throughout project implementation will be performed to ensure continued distribution at specified rates. Some seeding rates may be slightly reduced due to availability of seed and PLS ratings.
ii. Seeding Conditions - Seed shall not be applied when any wind gusts exceed 15 mph at the application site at the altitude of the application equipment. Written permission by the COR prior to work being performed can allow work to continue in windy conditions but shall not exceed 15 mph. It is also desired by the Government that the ground be covered by a minimum of two inches of snow during seeding operations. Therefore, seeding may be delayed a few days if there is no snow on the ground and snow is predicted within the two day weather forecast.
iii. Coverage – The entire ground surface within the treatment area shall receive uniform coverage at the specified rate unless otherwise specified, and except for exclusion areas as specified by the Government. Areas excluded from seeding operations within the work site boundaries shall not be included in the acreage computed for payment. Such areas will be specified in advance of seeding operations on work maps. Seeding strips shall be patterned and applied to achieve the highest possible uniformity of seed distribution. Such distribution shall not vary more than fifteen (15) percent above or below the average distribution of seed per unit on ground surface for the particular project seeding area.
Seed application shall be at the appropriate altitude above ground level to obtain proper distribution, uniform coverage, and seeding rate in lbs/acre of seed. Field checks will be made as operations progress to determine uniformity of application at the required lbs/acre rate. Any areas missed by the Contractor or seeded to less than the specified rate shall be re-treated and brought up to specifications, compensated by seeding additional acreage, or by suitable deduction from the contract price, at the option of the Government and at no additional cost to the Government.
Seed openings of the distribution mechanism shall be checked at sufficient intervals to ensure proper functioning and even distribution of seed at all times. If at any time of inspection equipment is found to have seed openings not properly operating or feeders that
TITLE: BDO BLM FY24 Broadcast Seeding #1 Page 14 are blocked by trash the Contracting Officer may require re-seeding of that portion of the area that the Government determines was not properly seeded at no additional cost to the Government.
iv. Land Ownership Patterns - Project sites include varying land ownership patterns. State and/or private land can be surrounded by BLM lands or BLM lands may be surrounded by private and state lands. Contractor shall be capable of seeding small irregular shaped areas in difficult terrain while avoiding lands not managed by the BLM that are not included in this contract.
v. Terrain - Project sites may be located in hilly to steep terrain of differing elevations.
Contractor shall be capable of applying seed in contouring patterns as influenced by topography. Contractor shall be capable of distributing the seed in varying elevations while maintaining applicable above ground level application height based on varied terrain below (i.e. not at one fixed height for all varying terrain). Contractor will not be allowed to apply the seed at one fixed height above ground level in varying terrain contours and elevation.
vi. Ground Damage - Project sites may be located in steep hilly inaccessible terrain, and may be muddy, frozen or snow covered. Contractor cannot apply seed if seeding equipment or ground support equipment would result in sustained and visible damage to ground (e.g.
damaging existing vegetation, creating ruts). Any wheel, track or other marks will not be allowed.
vii. Application Inspections - The Government will test at the beginning of operations, and periodically throughout project implementation, to ensure seeding uniformity and consistency of lbs/acre seeding rate are being met. Inspection method for lbs/acre requirements will be determined through ground-based measurements of seed applied for each seed mix/bid item. Seed samples from application will be collected on inspection trays and measured through seed counts for proper distribution and lbs/acres seeding rates.
Additionally, pounds of seed distributed and acres seeded will be tracked to ensure required application rates are being achieved. Should the Contractor wish to object in any way to the inspection sampling done at any particular time by the Government, the Contractor or authorized representative shall be present in person to voice said objections when said weight recording and/or ground recovery samplings are accomplished, and to agree upon new records and/or samples at the time, after which the weight recording and ground recovery sampling done by the Government shall be final and binding in the settlement of the contract.
H. Work stoppages – In accordance with clause 52.242-15 Suspend Work Order, the Government may stop seeding operations at any time when seeding conditions are considered sufficiently unfavorable to warrant stoppage. Contractor shall not proceed until a Resume Work Order is authorized by the Contracting Officer. Any time for which work is suspended by the Government because of unsuitable seeding conditions will be counted against the contract completion time. The performance period includes work stoppages and partial work days anticipated due to adverse weather or ground conditions.
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I. Completion of Contract - The Contract will be considered completed and payment due when all seed furnished to the Contractor by the Government has been seeded to the standards specified above and when all areas designated under the contract have been seeded to the said standards, or if performance under the contract is ordered terminated by the Government.
J. Safety Hazards - Any ground or above ground hazards that would pose a danger to Contractor’s personnel or operating equipment must be identified and mitigated by the Contractor prior to commencing operations.
K. Payment - Measurement for payment for seeding will be the actual area, in acres, within the designated boundaries satisfactorily seeded in conformance with these specifications. Measurement will be made from the ArcGIS polygons provided by the government. Acreages will be computed from horizontal distances as shown on maps.
Payment will be made at the unit price per acre specified in the Bid Schedule and shall include the cost of all work described in this paragraph and the Detailed Specifications, including any re-seeding, if such work is required. Acreages will not be computed from DGPS acreages covered. Contractor must factor in additional seeding application time required for coverage of the polygons, strip seeding, and any contour application that may be required to properly cover the area and varying terrain.
L. Licenses and Permits – The Contractor is required to possess and hold throughout the duration of the contract any and all required licenses and permits.
See Section J for additional attachments to include project specifications and drawings.
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SECTION 2 - CONTRACT CLAUSES
1. 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): https://www.acquisition.gov/browse/index/far#
52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Dec 2022) 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts
(Sept 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Alt I) (Jul 1995) 52.223-6 Drug-Free Workplace (May 2001) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 Differing Site Conditions (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989)
2. 52.212-5 Contract Terms and Conditions Required to Implement Statutes Or Executive Orders--Commercial Products and Commercial Services (Sep 2023)
(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. 3805 note)).
(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 (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655). (Over 250K) https://www.acquisition.gov/browse/index/far#
TITLE: BDO BLM FY24 Broadcast Seeding #1 Page 17
__ (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.)
XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
XX (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328) __ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
__ (11) [Reserved].
__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2021) (15 U.S.C. 657a).
__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (14) [Reserved] XX (15) (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.
__ (16) (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.
__ (17) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).
__ (18) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 2023) of 52.219-9.
__ (19) (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.
__ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).
__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).
XX (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (24) 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)).
__ (25) 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)).
__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
__ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).
XX (28) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
__ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126). (Supplies) XX (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
XX (31) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).
__ (ii) Alternate I (FEB 1999) of 52.222-26.
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__ (32) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (Over 250K) __ (ii) Alternate I (JUL 2014) of 52.222-35.
XX (33) (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.
__ (34) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (Over 250K) __ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
XX (36) (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).
__ (37) 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.) (Over 250K) __ (38) (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.)
__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners
(JUN 2016) (E.O. 13693).
__ (41) (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.
__ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
__ (44) (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.
XX (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
__ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (48) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (49) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).
__ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (DEC 2022) of 52.225-3.
__ (iv) Alternate III (JAN 2021) of 52.225-3.
__ (51) 52.225-5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
XX (52) 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).
__ (53) 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).
__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).
__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007)
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(42 U.S.C. 5150).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
__ (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).
XX (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).
__ (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).
__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).
__ (64) (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.] XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67). (Services Only) XX (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). (Services Only) __ (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).
XX (7) 52.222-55, Minimum Wages Under Executive Order 14026 (JAN 2022).
XX (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.
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(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) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.
L. 117-328)
(vi) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (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.
(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).
(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.222-40, Notification of Employee Rights Under the National Labor…
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