AG-02NV-S-16-0023.pdf

IDAWY ACQUISITION SERVICE CENTER INSTRUCTIONAL COVER SHEET

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

IDAWY ACQUISITION SERVICE CENTER

1405 HOLLIPARK DR.

IDAHO FALLS, ID 83401

FAX (208) 557-5829

SOLICITATION NO. AG-02NV-S-16-0023

OFFERS ARE SOLICITED FOR: BACKCOUNTRY HORSEBACK NOXIOUS WEED SPRAYING

SET-ASIDE: SMALL BUSINESS SET-ASIDE

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE

TO THIS SOLICITATION:

1. SF-1449 Request For Quotation (Complete, date, and sign)

2. Section I – Schedule of Items (Pages 4-13). (Complete Unit Price and Amount)

3. Technical Proposal/Experience Questionnaire

4. Section K – Representation, Certifications, and other Statements of Offerors or Respondents

5. Acknowledgement of Amendment (If Any)

IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

Return to: IDAWY Acquisition Service Center ATTN: Amelia Velasco 1405 Hollipark Drive Idaho Falls, ID 83401 Solicitation No. AG-02NV-S-16-0023

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE SYSTEM FOR AWARD

MANAGEMENT SYSTEM PRIOR TO AWARD UNDER THIS SOLICITATION. SEE FAR CLAUSE 52.204-7

SYSTEM FOR AWARD MANAGEMENT FOR DETAILS ON HOW TO APPLY.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH FEDBIZOPS.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

788477

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

AG-02NV-S-16-0023

6. SOLICITATION ISSUE DATE

04/07/2016

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

AMELIA RIOS VELASCO

b. TELEPHONE NUMBER (No collect calls)

(208) 557-5848

8. OFFER DUE DATE/LOCAL TIME

05/09/16 1:00 p.m. MST

9. ISSUED BY CODE

10. THIS ACQUISITION IS: UNRESTRICTED or SET ASIDE: 100 % FOR:

IDAWY Acquisition Service Center

1405 Hollipark Drive Idaho Falls, ID 83401

Small Business Women-Owned Small Business (WOSB) Eligible Under the Women-Owned

Hubzone Small Small Business Program NAICS: 115310 Business Economically Disadvantaged Women-

Service-Disabled Owned Small Business (EDWOSB) Size Standard: $17 Million Veteran Owned Small Business 8(A)

13a. THIS CONTRACT IS

A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

11. Delivery for FOB

Destination unless Block is Marked

See Schedule

12. Discount Terms

14. METHOD OF SOLICITATION

RFQ IFB RFP

CODE

16. ADMINISTERED BY CODE

15. DELIVER TO

See Delivery Schedule

Same as Block 9

17a. CONTRACTOR/ CODE

OFFEROR FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.:_____________________________________

DUNS NO:_____________________ CAGE Code. ___________________________

U.S. Dept. of Agriculture National Finance Center P.O. Box 60000 New Orleans, LA 70160-0001

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

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

CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Backcountry Horseback Noxious Weed Spraying, Kemmerer Ranger District, Bridger-Teton National Forest

This requirement is being procured as a fixed-price

Simplified Acquisition.

Faxes will not be accepted.

PLEASE PLACE YOUR QUOTE IN SECTION I-

SCHEDULE OF ITEMS

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN.

29. AWARD OF CONTRACT: REF. ___________________ OFFER

DATED _________________. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES

WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR

PRINT)

AMELIA RIOS VELASCO

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 5/2011)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ___________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT

VERIFIED CORRECT

FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERIFYING OFFICER 41c. DATE 42.b. RECEIVED AT (Location)

42.c DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

Standard Form 1449 (REV. 5/2011) Back

AG-02NV-S-16-0023 Backcountry Horseback Noxious Weed Spraying Bridger-Teton National Forest

SECTION I--SUPPLIES OR SERVICES AND PRICES

BACKCOUNTRY HORSEBACK NOXIOUS WEED SPRAYING

KEMMERER RANGER DISTRICT

BRIDGER-TETON NATIONAL FOREST

WYOMING, LINCOLN COUNTY

I- 1 - Schedule of Items

BASE ITEMS FOR BASE YEAR: JULY 1, 2016 – SEPTEMBER 30, 2016

ITEM NO. 1 - INVENTORY

Trail No. Trail Name Estimated Quantity

Unit Unit Price Amount

1018 Bear Trap Creek 4.5 Mile $________ $________ 1001 Little Bear 2.3 Mile $________ $________ 1003 South Fontenelle 10.3 Mile $________ $________ 1171 Commissary Ridge

(portions of)

8.0 Mile

1002 Lake Mountain 7.8 Mile $________ $________ 1191 Porcupine Creek 5.0 Mile $________ $________ 1032 PackString Creek 3.0 Mile $________ $________ 1035 Elk Creek Ridge 3.9 Mile $________ $________ 1021 Little Fall Creek 8.5 Mile $________ $________ 1009 Hams Fork-Red Park

(portionsof) j

7.5 Mile

1004 Big Park-Red Park 6.3 Mile $________ $________ 1028 Devils Hole Lakes 0.80 Mile $________ $________

Total for Item No. 1 $________

ITEM NO. 1.1 – INVENTORY AND TREATMENT

Trail No Trail Name Estimated

Unit Unit Price Amount

1016 Blue Jay-Indian Mtn. 8.2 Mile $________ $________ 1017 West Bear Trap 2.7 Mile $________ $________ 1026 Spruce Creek 2.1 Mile $________ $________ 1025 Lake Alice 3.2 Mile $________ $________ 1024 Lake Alice Overlook 1.3 Mile $________ $________ 1032 Packstring Creek 0.75 Mile $________ $________ 1007 Roaring Creek 3.9 Mile $________ $________ NA Western Boundary Trail 10.0 Mile $________ $________ NA Hams Fork Boundary 5.0 Mile $________ $________ NA Hobble Creek Boundary 2.4 Mile $________ $________ NA Closed Timber Road 0.5 Mile $________ $________ NA Pack Trail (Beaver Creek) 8.5 Mile $________ $________ NA Westside Established

SheepTrail

0.75 Mile

Total for Item No. 1.1 $_________

I- 1 – Continuation of Schedule of Items

OPTIONAL ITEMS FOR BASE YEAR 1 : JULY 1, 2016 – SEPTEMBER 30, 2016

OPTIONAL ITEM NO. 1A - INVENTORY

Optiona Trail No

Trail Name Estimated Quantity

Unit Unit Price Amount

1009 Ham’s Fork Red Park 5.5 Mile $________ $________ 1008 Way Creek 2.6 Mile $________ $________ 1020 Shafer Creek 4.2 Mile $________ $________ 1019 South Labarge 3.7 Mile $________ $________ 1175 Lander Trail 2.2 Mile $________ $________ 1027 Graham Peak 3.7 Mile $________ $________ 1022 Clear Cr-Fontenelle Lakes 7.5 Mile $________ $________

Total for Optional Item No. 1A $__________

OPTIONAL ITEM NO. 1B - INVENTORY AND TREATMENT

Optiona Trail No

Trail Name Estimated Quantity

Unit Unit Price Amount

1026 Spruce Creek 2.1 Mile $________ $________ NA Hams Fork Boundary 5.0 Mile $________ $________ NA Pack Trail (Beaver Creek) 8.5 Mile $________ $________ NA Westside Established Sheep

Trail

0.75 Mile $________ $________

Total for Optional Item No. 1B $__________

Total for BASE YEAR (Including optional items) $__________

I- 1 – Continuation of Schedule of Items

BASE ITEMS FOR OPTION YEAR 1: OCTOBER 1, 2016 – SEPTEMBER 30, 2017

ITEM NO. 2 - INVENTORY

Unit Unit Price Amount

1009 Hams’ Fork Red Park 5.5 Mile $________ $________ 1008 Way Creek 2.6 Mile $________ $________ 1020 Shafer Creek 4.2 Mile $________ $________ 1019 South Labarge 3.7 Mile $________ $________ 1175 Lander Trail 2.2 Mile $________ $________ 1027 Graham Peak 3.7 Mile $________ $________ 1022 Clear Cr-Frontelle Lake 7.5 Mile $________ $________

Total for Item No. 2 $________

ITEM NO. 2.1 - INVENTORY AND TREATMENT

Unit Unit Price Amount

1026 Spruce Creek 2.1 Mile $________ $________ NA Hams Fork Boundary 5.0 Mile $________ $________ NA Pack Trail (Beaver Creek) 8.5 Mile $________ $________ NA Westside Established

Sheep Trail 0.75

Mile $________ $________ Total for Item No. 2.1 $________

I- 1 – Continuation of Schedule of Items

OPTIONAL ITEMS FOR OPTION YEAR 1: OCTOBER 1, 2016 – SEPTEMBER 30, 2017

OPTIONAL ITEM NO. 2A – INVENTORY AND TREATMENT

Optional Trail No.

Trail Name Estimated Quantity

Unit Unit Price Amount

1016 Blue Jay-Indian Mtn. 8.2 Mile $________ $________ 1017 West Bear Trap 2.7 Mile $________ $________ 1025 Lake Alice 3.2 Mile $________ $________ 1024 Lake Alice Overlook 1.3 Mile $________ $________ 1032 Packstring Creek 0.75 Mile $________ $________ 1007 Roaring Creek 3.9 Mile $________ $________ NA Western Boundary Trail 10.0 Mile $________ $________ NA Hobble Creek Boundary 2.4 Mile $________ $________ NA Closed Timber Road 0.5 Mile $________ $________ 1018 Bear Trap Creek 4.5 Mile $________ $________ 1001 Little Bear 2.3 Mile $________ $________ 1003 South Fontenelle 10.3 Mile $________ $________ 1171 Commissary Ridge (portions of)

8.0 Mile

1002 Lake Mountain 7.8 Mile $________ $________ 1191 Porcupine Creek 5.0 Mile $________ $________ 1032 PackString Creek 3.0 Mile $________ $________ 1035 Elk Creek Ridge 3.9 Mile $________ $________ 1021 Little Fall Creek 8.5 Mile $________ $________ 1009 Hams Fork-Red Park

(portions of )

7.5 Mile

1004 Big Park-Red Park 6.3 Mile $________ $________

Total for Optional Item No. 2A $__________

Total for OPTION YEAR 1 (Including optional items) $__________

I- 1 – Continuation of Schedule of Items

BASE ITEMS OPTION YEAR 2: OCTOBER 1, 2017 – SEPTEMBER 30, 2018

ITEM NO. 3 – INVENTORY AND TREATMENT

Unit Unit Price Amount

1026 Spruce Creek 2.1 Mile $________ $________ NA Hams Fork Boundary 5.0 Mile $________ $________ NA Pack Trail (Beaver Creek) 8.5 Mile $________ $________ NA Westside Established Sheep

Trail 0.75

Mile $________ $________ Total for Item No. 3 $________

I- 1 – Continuation of Schedule of Items

OPTIONAL ITEMS FOR OPTION YEAR 2: OCTOBER 1, 2017 – SEPTEMBER 30, 2018

OPTIONAL ITEM NO. 3A - INVENTORY AND TREATMENT

Unit Unit Price Amount

1009 Ham’s Fork Red Park 5.5 Mile $________ $________ 1008 Way Creek 2.6 Mile $________ $________ 1020 Shafer Creek 4.2 Mile $________ $________ 1019 South Labarge 3.7 Mile $________ $________ 1175 Lander Trail 2.2 Mile $________ $________ 1027 Graham Peak 3.7 Mile $________ $________ 1022 Clear Cr-Fontenelle Lakes 7.5 Mile $________ $________ 1016 Blue Jay-Indian Mtn. 8.2 Mile $________ $________ 1017 West Bear Trap 2.7 Mile $________ $________ 1025 Lake Alice 3.2 Mile $________ $________ 1024 Lake Alice Overlook 1.3 Mile $________ $________ 1032 Packstring Creek 0.75 Mile $________ $________ 1007 Roaring Creek 3.9 Mile $________ $________ NA Western Boundary Trail 10.0 Mile $________ $________ NA Hobble Creek Boundary 2.4 Mile $________ $________ NA Closed Timber Road 0.5 Mile $________ $________ 1018 Bear Trap Creek 4.5 Mile $________ $________ 1001 Little Bear 2.3 Mile $________ $________ 1003 South Fontenelle 10.3 Mile $________ $________ 1171 Commissary Ridge

(portions of)

8.0 Mile

1002 Lake Mountain 7.8 Mile $________ $________ 1191 Porcupine Creek 5.0 Mile $________ $________ 1032 PackString Creek 3.0 Mile $________ $________ 1035 Elk Creek Ridge 3.9 Mile $________ $________ 1021 Little Fall Creek 8.5 Mile $________ $________ 1009 Hams Fork-Red Park

(portions of)

7.5 Mile

1004 Big Park-Red Park 6.3 Mile $________ $________

Total for Item No. 3A $_________

Total for OPTION YEAR 2 (Including optional items) $__________

I- 1 – Continuation of Schedule of Items

BASE ITEMS FOR OPTION YEAR 3: OCTOBER 1, 2018 – SEPTEMBER 30, 2019

ITEM NO. 4 – INVENTORY AND TREATMENT

Unit Unit Price Amount

1026 Spruce Creek 2.1 Mile $________ $________ NA Hams Fork Boundary 5.0 Mile $________ $________ NA Pack Trail (Beaver Creek) 8.5 Mile $________ $________ NA Westside Established Sheep

Trail 0.75 Mile $________ $________ Total for Item No. 4 $________

I- 1 – Continuation of Schedule of Items

OPTIONAL ITEMS FOR OPTION YEAR 3: OCTOBER 1, 2018 – SEPTEMBER 30, 2019

OPTIONAL ITEM NO. 4A - INVENTORY AND TREATMENT

Unit Unit Price Amount

1009 Ham’s Fork Red Park 5.5 Mile $________ $________ 1008 Way Creek 2.6 Mile $________ $________ 1020 Shafer Creek 4.2 Mile $________ $________ 1019 South Labarge 3.7 Mile $________ $________ 1175 Lander Trail 2.2 Mile $________ $________ 1027 Graham Peak 3.7 Mile $________ $________ 1022 Clear Cr-Fontenelle Lakes 7.5 Mile $________ $________ 1016 Blue Jay-Indian Mtn. 8.2 Mile $________ $________ 1017 West Bear Trap 2.7 Mile $________ $________ 1025 Lake Alice 3.2 Mile $________ $________ 1024 Lake Alice Overlook 1.3 Mile $________ $________ 1032 Packstring Creek 0.75 Mile $________ $________ 1007 Roaring Creek 3.9 Mile $________ $________ NA Western Boundary Trail 10.0 Mile $________ $________ NA Hobble Creek Boundary 2.4 Mile $________ $________ NA Closed Timber Road 0.5 Mile $________ $________ 1018 Bear Trap Creek 4.5 Mile $________ $________ 1001 Little Bear 2.3 Mile $________ $________ 1003 South Fontenelle 10.3 Mile $________ $________ 1171 Commissary Ridge (portions of)

8.0 Mile $________ $________

1002 Lake Mountain 7.8 Mile $________ $________ 1191 Porcupine Creek 5.0 Mile $________ $________ 1032 PackString Creek 3.0 Mile $________ $________ 1035 Elk Creek Ridge 3.9 Mile $________ $________ 1021 Little Fall Creek 8.5 Mile $________ $________ 1009 Hams Fork-Red Park

(portions of)

7.5 Mile $________ $________

1004 Big Park-Red Park 6.3 Mile $________ $________

Total for Optional Item No. 4 $_________

Total for OPTION YEAR 3 (Including optional items) $__________

I- 1 – Continuation of Schedule of Items

BASE ITEMS FOR OPTION YEAR 4: OCTOBER 1, 2019 – SEPTEMBER 30, 2020

ITEM NO. 5 - INVENTORY AND TREATMENT

Unit Unit Price Amount

1026 Spruce Creek 2.1 Mile $________ $________ NA Hams Fork Boundary 5.0 Mile $________ $________ NA Pack Trail (Beaver Creek) 8.5 Mile $________ $________ NA Westside Established Sheep Trail 0.75 Mile $________ $________

Total for Item No. 5 $_________

I- 1 – Continuation of Schedule of Items

OPTIONAL ITEMS FOR OPTION YEAR 4: OCTOBER 1, 2019 – SEPTEMBER 30, 2020

OPTIONAL ITEM NO. 5A - INVENTORY AND TREATMENT

Unit Unit Price Amount

1009 Ham’s Fork Red Park 5.5 Mile $________ $________ 1008 Way Creek 2.6 Mile $________ $________ 1020 Shafer Creek 4.2 Mile $________ $________ 1019 South Labarge 3.7 Mile $________ $________ 1175 Lander Trail 2.2 Mile $________ $________ 1027 Graham Peak 3.7 Mile $________ $________ 1022 Clear Cr-Fontenelle Lakes 7.5 Mile $________ $________ 1016 Blue Jay-Indian Mtn. 8.2 Mile $________ $________ 1017 West Bear Trap 2.7 Mile $________ $________ 1025 Lake Alice 3.2 Mile $________ $________ 1024 Lake Alice Overlook 1.3 Mile $________ $________ 1032 Packstring Creek 0.75 Mile $________ $________ 1007 Roaring Creek 3.9 Mile $________ $________ NA Western Boundary Trail 10.0 Mile $________ $________ NA Hobble Creek Boundary 2.4 Mile $________ $________ NA Closed Timber Road 0.5 Mile $________ $________ 1018 Bear Trap Creek 4.5 Mile $________ $________ 1001 Little Bear 2.3 Mile $________ $________ 1003 South Fontenelle 10.3 Mile $________ $________ 1171 Commissary Ridge (portions of) 8.0 Mile $________ $________ 1002 Lake Mountain 7.8 Mile $________ $________ 1191 Porcupine Creek 5.0 Mile $________ $________ 1032 PackString Creek 3.0 Mile $________ $________ 1035 Elk Creek Ridge 3.9 Mile $________ $________ 1021 Little Fall Creek 8.5 Mile $________ $________ 1009 Hams Fork-Red Park (portions of 7.5 Mile $________ $________ 1004 Big Park-Red Park 6.3 Mile $________ $________

Total for Optional Item No. 5A $_________

Total for OPTION YEAR 4 (Including optional items) $__________ GRAND TOTAL (Including ALL base and optional items) $__________

I- 2: Quote on all items. Only quotes to the nearest cent will be accepted.

The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the quoter specifies otherwise in the quote.

Under clause 52.236-7, Permits and Responsibilities, Contractors shall be responsible for complying with any Federal, State, and municipal laws, codes and regulations applicable to the performance of the work. Questions regarding assessment of Idaho Use Tax on Government Furnished Property should be directed to the Idaho State Tax Commission at (208) 799-3491.

SECTION II - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

II- 1 – Scope of Work The services covered in this solicitation and resultant contract are for furnishing all labor, equipment, supplies, services, supervision, transportation, other required materials to successfully meet the terms, specifications, and conditions specified herein. This excludes those items shown under the Government Furnished Items portion of this contract.

The project consists of inventorying and treating noxious weeds in the backcountry on the Kemmerer Ranger District using horses and other applicable spray equipment. Acres inventoried and/or treated will vary from year to year as depicted previously.

Primary noxious weed species to be treated include dyer’s woad, musk thistle, dalmatian toadflax, yellow toadflax, Russian knapweed, spotted knapweed, leafy spurge, perennial pepperweed, black henbane, hoary cress, and scotch thistle. Dependent upon new identified noxious weed infestations other noxious weeds may also be required for treatment.

The contractor shall comply with and make maximum use of EPA designated and USDA designated bio-based products in accordance with FAR clause 52.223-2 Affirmative Procurement of Bio-based Products under Service and Construction Contracts and with FAR clause 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

II- 2 – Location or Delivery The Kemmerer Ranger District is located approximately 40 miles north of Kemmerer, Wyoming (located in southwestern Wyoming). Approximately 25 miles southwest of the district is Cokeville, Wyoming. There are several main roads to and on the district that can be accessed with a horse trailer with several places to park trailers at trailheads or off to the side of the road. A travel map showing roads and the district will be provided upon request. Proposed Trails and/or Areas for Noxious Weed Inventory &/or Treatment are shown in detail herein this solicitation.

II- 3 – Period of Performance Services covered in this solicitation and resultant contract are to begin no earlier than July 1, 2016 and end no later than September 30, 2016 for the base year.

The following Option Years, if exercised, will be as follows:

• Option Year 1 will be from October 1, 2016 through September 30, 2017.

• Option Year 2 will be from October 1, 2017 through September 30, 2018.

• Option Year 3 will be from October 1, 2018 through September 30, 2019.

• Option Year 4 will be from October 1, 2019 through September 30, 2020.

Any option years or if any optional items are exercised, actual work for each option year/item will begin no earlier than July 1st of each year and shall be completed no later than September 30 of each year. This work period may be adjusted if weather or environmental conditions or plant phenology require a change. Work shall be suspended once active growth of the target weed species ceases (typically with the onset of seed maturation).

II- 4 – Field Work Notice

The project area is located in the Kemmerer Ranger District on the Bridger-Teton National Forest. The contractor will be working in remote areas and will be exposed to natural conditions including, but not limited to, traveling over uneven and rocky terrain, encounters with bears and other wildlife, and inclement weather. The contractor is responsible for ensuring that all employees are trained and have proper safety equipment prior to commencing work in the project area.

II- 5 – Technical Requirements The following technical requirements apply. All requested data will be provided to the Kemmerer Ranger District by September 30th.

• Inventory: All noxious weed sites inventoried will be completed using the attached Noxious Weed Inventory Data Collection Form. General Area will be the name of the general area shown in Item 1.

Infestation #s will start at 001 and be labeled consecutively for each general area inventoried (i.e. 001 for the first weed site; 002 for the second weed site; 003 for the 3rd weed site; etc.). All inventoried noxious weed sites will be inventoried using GPS technology such as a garmin. Separate inventories will be made for each species of noxious weed present.

• Inventory & Treatment: Processes for Inventory described above will be followed. In addition, the attached Herbicide Treatment data records ill be completed for each noxious weed infestation treated. All treatments will be mapped using GPS technology such as a garmin. General Area and Weed Infestation # will correspond to the appropriate Inventory.

PRIORITY NOXIOUS WEEDS TO BE TREATED

Dyer’s woad Leafy spurge Musk thistle Perennial pepperweed Dalmatian toadflax Black henbane Yellow toadflax Hoary cress Russian knapweed Scotch thistle Spotted knapweed

SECONDARY NOXIOUS WEEDS TO BE TREATED

Canada thistle

II- 6 – Contractor Requirements The contractor shall be certified to spray herbicides in Wyoming and be able to identify the noxious weeds listed.

For specific requirements, see Section VI- 3 - FAR 52.212-2 Evaluation – Commercial Items (OCT 2014).

Environmental Regulations. Contractor shall comply with all applicable Federal, State and local environmental laws and regulations while performing work under this Contract.

Spraying Activities. Contractor shall follow instructions on herbicide label for spraying specifications concerning application rate, wind, water, weather, storage, spills, etc.

II- 7 – Government-Furnished Property The Government will provide the following items of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract. The following items will be government furnished:

• Saddle-light horseback sprayer

• Herbicide, Dye, and Surfactants

• Storage of Chemicals when not in use

• GPS Unit

• Forest map showing Kemmerer Ranger District

II- 8 – Contractor-Furnished Items The following items shall be provided by the contractor:

• Horses

• Pickup and horse trailer

• Personal Protection Equipment (PPE) as specified in the herbicide label for loading, mixing and spraying operations

• Any other equipment required to complete the requested work

II- 8 – Sustainable Acquisitions In compliance with FAR Part 23.4 through performance of this contract, the contractor shall make maximum use of EPA designate and USDA designated bio-based products.

Compliance with the USDA Bio-based requirements requires Contractors to report the purchase of bio-based products under service and construction contracts through the System of Award Management (https://sam.gov) and provide a copy of the report to the Contracting Officer.

The contractor shall utilize products and material made from bio-based materials (e.g. bio-based greases, bio-based hydraulic fluids, and bio-based absorbents) to the maximum extent possible in the performance of this contract without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and material shall be of a type and quality that conform to applicable Federal specifications and standards.

The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102;

the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Federal Acquisition Regulation;

Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Bio-based and Sustainable Product Procurement,” dated February, 2012 to provide bio-based products.

The following is a list of categories for bio-preferred products and EPA products that may be used in the performance of this contract. The list is not all inclusive; the Contractor shall research for available products.

• Bio Preferred Products − Diesel Fuel Additives

Any substance, other than one composed solely of carbon and or hydrogen that is intentionally added to diesel fuel (including any added to a motor vehicle’s fuel system) and that is not intentionally removed prior to sale or use.

Neat bio diesel, also referred to as B100, when used as an additive. Diesel fuel additive does no man neat bio diesel when used as a fuel or blended bio diesel fuel (e.g.,B20). 90% - Minimum Bio-based Content.

− Penetrating lubricants Products formulated to provide light lubrication and corrosion resistance in close tolerant internal and external applications including frozen nuts and bolts, power tools, gears, valves, chains, and cables. 68% - Minimum Bio-based Content

• EPA Designated Products − Plastic trash bags, printer ribbons, toner cartridges, print and writing papers, traffic barricades, traffic cones, engine coolants, rebuilt vehicular parts, re-refined lubricating oils, retread tires, manual grade strapping, signage, sorbents.

Finding Bio-Preferred products is simple, using the program’s online catalog. To view the catalog, go to www.biopreferred.gov.

https://sam.gov/ http://www.biopreferred.gov/

II- 9 - Inspection Requirements The COR shall inspect the herbicide application work no sooner than ten (10) days after no later than 15 days after the herbicide has been applied to an area. Inspections should determine both the adequacy of coverage of the project area and the efficacy of the application to the target species. Target tolerances for the treated area are:

(1) Inventory for each project area shall meet or exceed 95% of the project area as shown on the attached project maps.

(2) Application coverage for each project area shall meet or exceed 90% of the project area as shown on the attached project maps.

(3) Herbicide treatment efficacy rates (i.e. plant mortality) to meet or exceed 85%

Inspection criteria for coverage and mortality: A determination of successful execution of this Contract shall be based on either inspection of randomly located transects within each treatment area that are representative of the treatment area, or, where feasible, an inspection of the entire treatment area. The COR shall determine if tolerances have been met based on these inspections.

Indications of herbicide application and incipient mortality shall be evident by visual deterioration of the treated plants, including drooping, wilting, chlorosis, interrupted seed maturation, and drying of plant parts (stem, leaves, reproductive parts), beyond recovery.

If the COR deems it necessary, specimens of the target weed species or random samples of the herbicide solution from the tanks may be obtained for laboratory analysis. The target weed species specimens would be analyzed to determine that the required herbicide was applied. The Contractor may observe the sampling and may receive a copy of the laboratory analysis upon request.

If inspections determine that herbicide application work has not met or exceeded the above tolerances, the Forest Service representative will meet with the contractor to discuss the deficiencies. If it is determined these tolerances have not been met because the herbicide was not applied to the target species or the herbicide solution did not comply with the constraints, or for any other contractor-caused deficiency, the contractor shall, generally, be given one week to correct the deficiency. All repeat treatments shall be approved by the Forest Service representative, who may require an increase or decrease in time of re-treatment based on weather conditions. The contractor shall reapply the treatment at no extra cost to the Government. If weather conditions do not permit re-treatment, the contractor shall receive payment as indicated below:

If the follow-up inspection by the Forest Service representative determines that one or both tolerances have still not been met:

1) The Forest Service representative will pro-rate payment according to level achieved, but no more than 70% tolerance. Pro-rating shall be accomplished by matching payment to achieve tolerance(s) between 70% and 85%.

2) Tolerance(s) below 70% will cause no payment for the treated area to be made, and my constitute grounds for contract termination for failure to perform.

If the contractor does not comply with re-treatment requirements, this shall constitute grounds for contract termination and payment will not be made.

II- 10 – Measurement and Payment Payment will be made on a job basis, with each item considered a separate job. Invoices for partial payment will be accepted provided conditions below are met.

The Contractor must deliver to the COR completed Treatment Report Records including relevant GPS data for each site inventory and subsequently treated before invoices for partial or full payment will be accepted.

II- 11 – Pre-Work Meeting Prior to commencement of work, the Contracting Officer and the COR will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements. At this meeting, items such as work schedule, work area signing requirements, priority and order of treatment areas, location of water drafting sites and manner of drafting, spill prevention measures, and fire prevention and suppression plans shall be developed and established in writing.

SECTION III - CONTRACT CLAUSES

III- 1 - FAR 52.212-4 Contract Terms and Conditions - Commercial Items (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

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(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31

U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall— https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting

Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on— http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2033_2.html#wp1079912 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031290

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-

2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

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(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.

40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to

Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name

(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar…