AG-0398-S-16-0026_Combined_Synopsis.pdf

AG-0398-S-16-0026 - RFQ

West Zone OHV Weed Spraying Bozeman and Hebgen Lake Ranger Districts, Custer Gallatin National Forest

Solicitation Issue Date: July 21, 2016

Method of Solicitation: Request for Quotation (RFQ).

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart

12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The solicitation and incorporated provisions and clauses are those in effect through the most current Federal

Acquisition Circular FAC 2005-89, dated July 14, 2016.

North American Industry Classification (NAICS): 115310 (Support Activities for Forestry), Size Standard is $7.5

Million.

Set Aside: 100% small business set-aside.

General Information: The intent of this solicitation is to obtain quotes for weed spraying. See below for complete project description.

Provide quote by: 2:30 p.m., Mountain Standard Time on August 19, 2016.

DOCUMENTS TO RETURN:

The following documents shall be submitted by the offeror for evaluation to be considered responsive:

Contractors wishing to submit a quote must include the following:

Schedule of Items

Annual Representations & Certifications

A valid Montana Commercial Pesticide Applicators License from the State of Montana

(http://agr.mt.gov/agr/Programs/Pesticides/Licensing/).

Spill Plan

Experience Questionnaire

Acknowledge Amendments per the instructions in Block 11 on the SF-30) if applicable.

Send quote to: Forest Service, East Side Acquisition Team (ESAT)

Attn: Dana Bangart

Physical: 10 E Babcock, Bozeman, MT 59715

Mailing: P.O. Box 130, Bozeman, MT 59771

E-mail: dbangart@fs.fed.us

For solicitation questions call Dana Bangart, Contract Specialist, at 406-587-6763. For information regarding the site, please contact Susan LaMont, Forester, at 406-823-6976.

http://agr.mt.gov/agr/Programs/Pesticides/Licensing/ mailto:dbangart@fs.fed.us

Gallatin and Madison Counties, Montana

Pay

Item

Description Method of

Measurement

Pay

Unit

Estimated

Quantity

Unit Price Total Price

001 OHV Weed Spraying –

Herbicide Application

AQ AC 1415 $ $

TOTAL $

This is a Request for Quotation (RFQ); therefore, no public opening will be held. The results will not be made public prior to award. Quotes submitted in response to this RFQ will not be returned, but will be retained by the U.S. Forest Service for official record purposes. The RFQ does not commit the Government to pay any costs incurred in the preparation or the submission of this quote, or to make any award.

There is no formal site visit scheduled for this project. Interested vendors who are in need of further information can contact Susan LaMont, Forester, Hebgen Lake Ranger District, Custer Gallatin National Forest at 406-823-6976.

Vendor shall have a DUNS number and be registered in the System for Award Management (www.sam.gov) prior to award.

The Forest Service has transitioned to an electronic invoice system called Invoice Processing Platform (IPP). Vendors are required to set-up an account at www.ipp.gov in order to submit invoices.

Price Quotation furnished by:

Name: _______________________________ Phone: ____________________________

Address: ______________________________ Cell: ____________________________

______________________________ FAX: ____________________________

E-Mail: ________________________________ DUNS # ___________________________

Type of Equipment to accomplish work:

Make ________________________ Model _______________________ Year_______________

Note: Additional pages may be added regarding equipment.

http://www.ipp.gov/

STATEMENT OF WORK

Scope of Work: Spray noxious weeds on the Bozeman and the Hebgen Lake Ranger Districts in the Gallatin and

Madison Counties with an OHV. Contractor supplies the equipment, herbicide, labor, water. The work is to be completed between June 1, 2017 and August 15, 2017. The herbicide treatment must kill 90 percent of the weeds within the treatment polygon and for each weed species.

Description of Work: Work to be performed by the contractor includes: a) providing, mixing and applying the specified herbicide to the target weed(s), and b) completing and submitting treatment and/or inventory records along with a simple map illustrating where treatment occurred (reference Part III, List of Attachments – Custer

Gallatin National Forest Daily Pesticide Application Log).

The contractor shall furnish all materials, chemicals, equipment, labor, licensing, supervision, workers’ compensation insurance, transportation, operating supplies and incidentals necessary to safely apply herbicides that are registered in the state of Montana, using ground-operated spraying apparatus, in strict compliance with the herbicide labels.

The contractor is responsible to pay for the herbicides, surfactants, and dyes (this expense should be included the cost per acre price in the Schedule of Items). The Government will NOT reimburse the contractor for herbicides purchased to treat noxious weeds. The contractor will record all chemicals and map treatment location, on a Daily

Herbicide Application Log form (example attached in Part III) and submit documents within 5 days of treating weeds. The treatment must be at least 90 percent effective at killing the weeds (for each species) prior to acceptance of work. If the treatment does not result in 90 percent herbicide damage then the area will need to be retreated at the contractor’s expense.

Equipment being used to perform the work shall be cleaned prior to entering the Forest. Additionally, cleaning may be required between sites. Supply of water may or may not be available in the local area of work, if not; the contractor will be required to furnish water.

Project Location: The work will be located across the WEST ZONE of the Forest, including the Bozeman and

Hebgen Lake Ranger Districts. The following table illustrates the estimated acres to be treated, by location area.

Maps are attached in Part III, List of Attachments.

Treat the following locations:

Map # - Area Description Acre

Map 1 -Bishop Park 70

Map 2 - Bangtail ATV 506 24

Map 3A - Middle Willow 6600, 24

Map 3B - Willow Pasture 67

Map 4 - Jackson502, 555-508 37

Map5A - UpperOlsen1 95

Map 5B - Skunk 39

Map 6A - S.FK Brackett 38

Map 6B - N.Fk. Brackett 37

Map 7 - Fairy lake 65

Map 7 - Frazier 32

Map 8 - Sixteen Mile 52

Map 9A – Flathead 991 21

Map 9B - Flathead 6981 22

Map 9C- Flathead 6982 32

Map 10 - Johnson 50

Map 11 - Window Rock 16

Map 12 - Wildhorse 100

Map 13 - Spanish ck 18

Map 14 - Durham 87

Map 15- Narrows 31

Map 16- Horse Butte 62

Map 17- Hebgen Lake Est East 2

Map 17- Hebgen Lake Est West 10

Map 18- Yellowstone Holiday 3

Map 19- Grayling Willow 5

Map 19- Grayling South 35

Map 19- Grayling East 44

Map 20- Old Reservoir 75

Map 21- RainbowPT/Savage 10

Map 22- the Y 12

Map 23- Duck Ck 9

Map 24- Whiskey Bay 9

Map 25- Old KOA boat launch 11

Map 26- So Plateau Jct 20

Map 27- West Targhee 12

Map 28- Watkin 80

Map 29- Ghost village 30

Map 30- Sheep 29

Total Acreage 1415

In both the Bozeman District and Hebgen Lake areas, the primary weeds include, but are not limited to: spotted knapweed, thistles, houndstongue, and oxeye daisy. The recommended herbicides are Milestone and Escort for most species, then Telar or Tordon for yellow toadflax. In general, travel time from Ranger District offices to the treatment areas is within 1 hour (two hour round trip).

No pre-bid tour is scheduled. Interested parties with technical questions may contact Susan Lamont at the Custer

Gallatin National Forest, Hebgen Lake Ranger District Office at 406-823-6976.

Interested parties shall take reasonable steps to ascertain the nature and location of the project area and the work to be completed, as well as the general and local site conditions which can affect the work and cost of performance. Failure to take the actions described in this paragraph will not relieve the Contractor from the responsibility of properly estimating the difficulty and cost to successfully perform the work, or from successful completion of the work without additional expense to the Government.

Technical Specifications

Description of Treatment Type, OHV (Off Highway Vehicles only, such as an ATV or UTV): OHV treatment will be used in all project areas. Areas may include those with physical limitations (e.g., width of trail, rocks, and slopes too steep for truck), travel restriction, or other resource concerns. Weed infestations to be treated range from widely scattered to dense patches in meadows, and near riparian areas. Treatment acres are estimated quantities only and may vary with available funding.

Description of Treatment Type, Truck or Tractor Spraying: NOTE – For this project, all treatment shall use the OHV spraying method; however, some of the areas may be situated nearby/adjacent to roads.

Weeds are often found every few feet along roads, and it is unusual to have stretches of roads longer than 100 feet with large infestations. These areas may require the use of broadcast spraying in small areas to achieve an effective treatment. Many roadsides are nearly weed-free and will only need spot spray. While most weeds are found on the road edge, it is not unusual to have to pull hose off the main road surface to spray cut and fill-slopes.

Riparian areas frequently are adjacent to the roads and it will require switching to different herbicides, which are labeled for aquatic use. For this contract, Tordon cannot be used within 50-feet of the high water mark. Other herbicides and surfactants need to comply with the label direction regarding the use and distance to water.

Some roads have restricted seasonal vehicle access or yearlong vehicle closures. The contractor will receive authorization to treat weeds behind these closures with vehicles as needed. The contractor may be asked to time treatment to avoid conflicts with other users in particular treatment areas.

Weed infestation levels vary from light, to moderate, to heavy in the treatment areas depending on aspect, elevation, canopy cover. Weeds will be found on cut and fill slopes, along the road edge and, in the case of unmaintained roads, within the roadbed and centerline.

Herbicide Treatment Standards:

A variety of herbicides can be used, but those allowable are limited to the following chemicals: 2,4-D, aminopyralid, chlorsulfuron, clopyralid, dicamba, glyphosate, hexazinone, imazapyr, methsulfuron methyl, picloram, imazapic, sulfometuron methyl, triclopyr.

The contractor will pay for the herbicides, surfactant and dyes. These costs are to be incorporated into the price per acre.

Work to be performed by the contractor includes: a) providing, mixing and applying the specified herbicide to the target weed(s), and b) completing and submitting Forest Service provided application records and a simple map showing where treatment occurred.

1. The contractor will treat all of the target species in the table below with an appropriate herbicide at an effective rate. The Forest Service will approve which herbicide(s) and concentration rates are used on each site, prior to application.

Weed species known to exist on the Forest New Invader Species - Currently not on the Forest, but treat and report if found scentless chamomile (Anthemis arvensis) golden chamomile (Anthemis tinctoria) common burdock (Arctium minus) hoary alyssum (Berteroa incana) spotted knapweed (Centaurea maculosa) diffuse knapweed Centaurea diffusa

Russian knapweed Centaurea repens

Blueweed (Echium vulgare)

Dyers woad (Isatis tinctoria)

Japanese knotweed (Polgonum cuspidatum)

Perennial pepperweed (Lepidium latifolium)

Rush skeletonweed (Chondrilla juncea)

Tansy ragwort (Senecio jacobaea)

Yellow starthistle (Centaurea solstitalis) plumeless thistle (Carduus acanthoides) white top (Cardaria draba) nodding or musk thistle Cardus nutans bull thistle (Cirsium valgare)

Canada thistle (Cirsium arvense) poison hemlock (Conium maculatum) field bindweed (Convolvulus arvensis) houndstongue (Cynoglossum officinale) leafy spurge (Euphorbia esula)* orange hawkweed (Hieracium aurantiacum)* meadow hawkweed (Hieracium piloselloides / pratense/ et al)*

St. Johnswort (Hypericum perforatum)* field scabiosa (Knautia arvensis)*

Dalmatian toadflax (Linaria dalmatica) yellow toadflax (Linaria vulgaris) oxeye daisy (Chrysanthemum leucanthemem) sulfur cinquefoil (Potentilla recta) tall buttercup (Ranunculus acris)* common tansy (Tanacetum vulgare) common mullein (Verbascum spp.)

Meadow knapweed (Centaurea pratensis)

* Report new infestations to the Contracting Officer’s Representative (COR)

2. At a minimum, 90% of the weeds treated (each species needs to have this level of treatment effectiveness) will show mortality or physical signs of herbicide treatment such as wilting, curling or discoloration.

Government contract inspections must allow sufficient time for target plants to exhibit herbicide effects. If treatments are less than 90% effective then the contractor shall re-treat the area (and will not be paid for any subsequent herbicide applications).

Inspection Method – If treatment effectiveness is 90% or better, then the Government will use ocular estimates and record observations of effectiveness for each weed species in the treatment area.

If treatment effectiveness appears to be less than 90% then the Government will use the following method to monitor effectiveness. Establish a targeted random sample by placing survey transects in areas (polygons) that contain at least 1 % weeds and with similar vegetation. The polygon can be a subset of the total treatment area

(lump according to individual species or unique weed density levels – <10 %, 11-50%, > 51%). Make a map of the polygon, transect and quadrat locations for the contract records file.

Transect installation: From the center of each polygon, install four transects in cardinal directions, using a compass. They can extend to the perimeters of the polygons if they are less than 600 feet in length or width, or they can be 300 feet in length, as a maximum.

Quadrat Installation: The quadrats are ½ meter square in size. There are four quadrats per polygon if the survey area is less than 10 acres (double the number of quadrats if the polygon is between 10 and 100 acres).

To ensure random quadrat placement along each transect, use one die if the polygon is less than 50 feet and select a number after rolling the die. If the polygon is larger, use two dice. Use the number generated (1-6 in small polygons, 2-12 in large polygons) as the random start distance. Next, divide the transect by 2 (e.g., use

150 feet if transect is 300 feet) and place the quadrat at 150 feet, PLUS the random number (from the dice toss) that distance from center.

EXAMPLE: Transect is 300 feet long. Half that distance is150 feet. Random throw of dice = 7. Distance from center is 150 + 7 = 157 feet.

Do this calculation for each of the four transects. At the designated distance, place the ½ meter quadrat next to the graduated side of the tape (lower left corner of the quadrat at the “top” of the number).

Count the number of live and dead stems if rhizomatous, and individual plants if not, for each weed species in the quadrat. The counting units are LIVE WEEDS and DEAD WEEDS. Don’t count native plants.

If there is a high density of weeds (either live, dead or both) and they are uniformly dense throughout the quadrat, you can subdivide the quadrat and count a subset.

EXAMPLE: divide the quadrat into two, count weeds in one-half of the quadrat: LIVE: 50, DEAD: 40.

This equals 100 (50 x 2) live weed stems (individuals) and 80 (40 x 2) dead weed stems (individuals).

3. The Contractor shall avoid broadcast herbicide application (use spot treatment instead) where target species occur only sporadically in a dominant cover of non-target plants.

4. The Contractor shall avoid herbicide injury to trees and other woody species.

5. The choice of herbicide and surfactants is up to the contractor, however its use is subject to prior approval by the Government. A variety of herbicides can be used, but limited to the following chemicals: 2,4-D, aminopyralid, chlorsulfuron, clopyralid, dicamba, glyphosate, hexazinone, imazapyr, methsulfuron methyl, picloram, imazapic, sulfometuron methyl, triclopyr.

6. Water shall be used as a carrier and it is the contractor’s responsibility to supply it; the Forest Service will help to identify possible sources of water.

7. Dye/Marker: A water-based dye or other approved color marking system will be used at the direction of the

Forest Service to further identify target species and area that have been sprayed. Dye amount in the herbicide must be visible on the sprayed sites for a minimum of 24 hours after application.

8. Treatments areas often require changing herbicide to meet the requirements and restrictions of the product labels, to be effective on the weeds present, to be responsive to different site conditions and to minimize damage to non-target vegetation. Do not use Tordon within 50 feet of water or sub-irrigated land; only use herbicides and surfactant approved for aquatic use in these areas. Do not spray herbicide into, over or on water.

9. Off-road treatment may be by OHV (or similar low psi vehicle). Treatment method will not create any new permanent wheeled tracks in the soil. Treatment activity and techniques will not contribute to measurable or noticeable erosion, extensive or intensive (localized) soil disturbance or long term physical damage to desirable vegetation.

Monitoring and Record Keeping Requirements for Herbicide Treatments:

1. Federal and State laws require record keeping for all applications of pesticides on public lands. The

Contractor shall provide complete, accurate, and detailed records throughout the duration of the contract and provide the Government with legible, readable copies of such records on Forest Service provided forms

(reference Part III, List of Attachments). The Contractor must submit application records to the COR within 5 days of applying herbicide to the site.

2. Upon completion of each project area or unit of work on the contract, and prior to or accompanying each invoice, the Contractor shall provide the Government with herbicide application records (complete one form for each day, type of herbicide mixture used, and each unique area as shown on the maps from the task order) and a map showing the associated treatment area location. At a minimum, the Contractor may draw on the maps provided by the Government and write the date the treatment was completed on the map.

3. The Contractor will notify the COR within 48-hours of discovery, and shall record GPS locations, of all new invader weed species (as identified on weed list above).

4. If new weed patches are found (e.g., not displayed on the Government provided maps), the Contractor must notify the CO prior to treatment of any such areas not identified herein. The Contractor shall not spray any area not specifically identified herein without direction of the CO.

Certification and Personnel Requirements:

The Contractor performing herbicide mixing or application operations under this contract must meet the State of

Montana certification and application requirements for the use and application of Restricted Use herbicides and must hold a current Montana Commercial Pesticide Applicators License

(http://agr.mt.gov/agr/Programs/Pesticides/Licensing/). Personnel employed by the Contractor must be briefed and trained in application and safety techniques. Personnel employed by the Contractor must be under the direct supervision of a licensed applicator at all times while on the National Forest.

Safety Requirements and General Provisions:

1. A pumping system may be used to fill the spray mixing and spray application tanks provided it will avoid contamination of wells, springs, streams, lakes, and ponds used as a water source. The system shall be so constructed that a back flow from the mixing or application tanks will not be possible if the pump loses prime.

2. Herbicide pouring and mixing operations will not occur within 150 feet of any open water source.

3. Spray drift shall be avoided. Do not spray when winds exceed 10 miles per hour.

4. No spraying shall be done inside ditches containing water (do not spray into, on, or over water).

5. Spraying shall not occur while it is raining or snowing. The Contractor shall take all reasonable precautions to avoid spraying if it appears that precipitation sufficient to wash herbicide(s) off of target species, or into open water, may occur within 2 hours after herbicide application or as cautioned by the herbicide label.

6. Buffer strips may be designated by the Forest Service during operations to protect rare plants (50 feet), amphibians (50 feet), or water influenced areas (150 feet from potable water development, and ½ mile from municipal water divergent point). No spraying shall occur within these designated buffer strips.

7. When spraying herbicide to the water’s edge, spray with your back to the water. Spray away from the water, not towards it.

8. The Contractor shall insure that containers or tanks used for herbicide application are not washed/rinsed out within 150 feet of open water (e.g., springs, ditches, streams, ponds, or lakes). The contractor will follow all state, federal, and label regulations involving rinsing and washing procedures.

9. Do not use ester formulation of herbicides (stipulated to reduce fish toxicity concern).

10. The Forest Service is not responsible for the safety of the Contractor nor any operators or assistants. The

Contractor shall provide and maintain work procedures which will safeguard the public and Government http://agr.mt.gov/agr/Programs/Pesticides/Licensing/ personnel, as well as the Contractor’s own personnel. The Contractor shall be expected to use reasonable safety procedures and equipment, in addition to those required items, while operating on National Forest lands.

11. The Contractor and all personnel who will perform the work are required to review, understand, and follow the herbicide label recommendations, requirements, precautions, and prohibitions.

12. The Contractor shall carry, and have within easy access during all spraying operations, a label and Safety Data

Sheet (SDS) for the herbicides being used.

13. The Contractor will remove all herbicide containers from the National Forest and dispose of them in accordance with all local, state and federal requirements.

14. All equipment will be in good mechanical condition and will be inspected prior to work. The spray pattern, application rates, and calibration shall be checked before beginning the job and at least once during the performance of work, or more frequently if deemed necessary by the Forest Service. Calibration calculations shall be provided to the Forest Service as requested during operations. The Contractor will inspect equipment daily for leaks and suspend operations until all leaks are repaired.

15. Herbicides shall be transported daily to the project site as follows: transport, as closely as possible, only the estimated quantity needed for that day’s work; transport concentrated herbicide containers only in a manner that will prevent spills; and, transport herbicides and additives in a compartment that is isolated from food, clothing, and safety equipment.

16. Herbicide application operations will not occur when any one of the following conditions exists in a treatment area:

a. Wind velocity in excess of ten (10) miles per hour.

b. Relative Humidity readings that are less than 25%.

c. Frost, snow, or ice covering target plants.

d. Emergency closures in effect, such as Fire Restrictions.

e. Following receipt of a Stop Work Order (e.g., for reasons such as noncompliance with the contract terms and conditions).

17. The Contractor is responsible for all spills and will notify the CO or COR immediately if a spill occurs. All spray operations and herbicide transport vehicles will have standard adequate spill containment and cleanup materials and equipment on-board. Operators will be trained in responding to and dealing with any spills of herbicide.

18. The contractor will keep spray rigs and equipment appearing neat, professional and organized. Dye stains on the rigs, tanks, and employee clothing will be kept to a minimum by regular cleaning. It is important during this project to project a professional image and to demonstrate that the herbicide applications are performed carefully, professionally, and without spillage.

19. The Contractor will apprise the COR or Inspector of the spray operation location plans in advance on a weekly basis.

20. Roads popular with recreationists, outside of hunting season, will not be treated with herbicides on, Saturday, Sunday, or holidays. Such roads will be identified by the Forest Service in each project area.

Treatment Area Inspection: The Contracting Officer’s Representative (COR) or designated Inspectors will inspect the treatment sites within 10 days of being notified by the Contractor that the areas are ready for inspection. Sufficient time needs to lapse between the treatment and the inspection for the plants to develop signs of herbicide damage (wilting, color change, or stunted growth) which is usually 2 to 3 weeks.

CONTRACTOR REQUIRED LICENSE/PERMITS/ABILITIES:

BEFORE work may begin, the contractor SHALL provide the documentation required in this section.

a. A valid Montana Commercial Pesticide Applicators License from the State of Montana.

b. Proof of Worker’s Compensation Coverage or a Contractor’s Exemption Certificate.

c. A Spill Plan (to be approved by the Contracting Officer), which must include a spill containment plan along with an outline of the equipment necessary to contain a spill (reference Part III, List of Attachments for a Spill Plan outline).

All contractor personnel must have the ability to recognize all of the weed species on the Montana Statewide noxious weed list in all their stages of development, Category I-IV. These consist primarily of, but are not limited to, houndstongue, spotted and diffuse knapweed, Canada thistle, common tansy, sulfur cinquefoil, St. Johnswort, oxeye daisy, leafy spurge, and Dalmatian and common toadflax.

Camping: Camping may or may not be allowed. If allowed, camping requires prior written approval, coordinated through the CO and Bozeman and/or Hebgen Lake Ranger Districts.

If camping is allowed, prior to camping on National Forest Lands, the Contractor shall obtain a Camping Permit from the applicable Ranger District through the Contracting Officer. Permits will be issued at the discretion of the

District Rangers. The Contractor must submit camping requests before or during the post-award conference.

Contractors are expected to keep a clean camp at all times and to adhere to all applicable National Forest/Ranger

District policies in effect.

Use of developed Forest Service campgrounds and other high use areas will not be allowed during the term of the contract.

All food and refuse shall be handled according to food storage requirements of the ‘Occupancy and Use

Restrictions’ Order to eliminate grizzly bear/human contact.

a. A camp is interpreted to include any location occupied by the Contractor or Contractor’s agents for the purpose of overnight occupancy. This encompasses any tent sites, camp trailers, etc. which also includes residing at designated campsites or campgrounds that are open to the public.

b. Unless otherwise allowed in the Camping Permit, the contractor will abide by all rules applicable to the general public.

c. Arrangements for camping on local private lands will be the responsibility of the Contractor.

Food Storage Order

A food storage and occupancy and use order is in effect on the Custer Gallatin National Forest (reference Part III, List of Attachments for a copy of the order).

The order specifies that all refuse, food, beverages, and scented or flavored toiletries must be stored unavailable to bears at night and when unattended during the day. Attractants include canned food, pop, beer, garbage, grease, processed livestock or pet food, toothpaste, and chapstick, etc. These items must be hung at least 10-feet off the ground and 4-feet from any vertical support, or stored inside a bear resistant container or vehicle. Cars, pick-up cabs, enclosed horse trailers, hard sided campers or camper shells are all considered bear resistant. Food should be stored out of sight in vehicles. Coolers, pop-up campers, backpacks, and tents are not considered bear resistant.

Pollution and Erosion Control

During contract performance, the Contractor shall exercise reasonable measures to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes, from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored, collected, and disposed of in a sanitary and nuisance-free manner.

During all of the work, the Contractor shall make every reasonable effort to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to minimize soil erosion and water pollution.

Commercial Items Terms and Conditions

FAR 52.212-4 Contract Terms and Conditions - Commercial Items. (May 2015)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -

Commercial Items. (Mar 2016)

(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 items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 items:

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

_x__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun

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

Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub.

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

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41

U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014)

(if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_x__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657f).

_x__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_x__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_x__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

_x__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

___ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_x__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (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.)

___ (36) (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.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (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.

_x__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O.

13513).

_x__ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter

83, 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 (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10

U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_x__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31

U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul

2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) 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 items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

_x__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_x__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

Employee Class Monetary Wage--Fringe Benefits Wage Grade 5, step 2 $18.05 + fringe

Wage Grade 5, step 3 $18.77 + fringe

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple

Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 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).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_x__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(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, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. 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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

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

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) _x___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xii) 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.)

(xiii) 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)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP

2013)

Attachments

Attachment 1: Experience Questionnaire

Attachment 2: Service Contract Act Wage Determination No. 2005-89, Rev. No. 52, dated 12/29/2015

Attachment 3: Custer Gallatin Herbicide Spill Plan

Attachment 4: Hebgen Lake Vicinity Map

Attachment 5: Gallatin Vicinity Map

Attachment 6: Bridger Vicinity Map

Commercial Item Provisions

52.204-16 --Commercial and Government Entity Code Reporting (Jul 2015)

52.212-1 - Instructions to Offerors - Commercial Items (Oct 2015)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Apr 2016) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan

Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

http://www.acquisition.gov/

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers

Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the…