Combined SS RFQ 12363N23Q4217 Colville NF Ruby Invasive Plant Treatment.pdf

12363N23Q4217, Colville NF Ruby Invasive Plant Treatment

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation is issued as a Request for Quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-03.

This procurement is set aside for Total Small Business. The NAICS code is 561730 Landscape Services and the Small Business Size Standard is $9.5 Million.

**MUST BE REGISTERED IN SAM (www.sam.gov) TO BE ELIGIBLE FOR

AWARD**

Payment will be made via EFT. Invoice using IPP.Gov FOB: X Destination Origin Set Aside For:

Large Small Woman Owned

SDVOSB Hubzone 8(a)

(Please check all that apply)

X

NAICS Code: 561730 Size Standard: $9.5 Million

Delivery address Colville National Forest, see maps for exact location

Date and time needed

6/25/2023 – 9/16/2023

**MUST HAVE ALL INFO BELOW**

Company Name:

Vendor Rep:

Phone:

Email:

Mailing Address:

UEI SAM #

**QU

OTE

S

ARE DUE BY: 12:00 pm Pacific Time 6/23/2023 http://www.sam.gov/

Item Description Quantity U/I Unit Price Extended Price

0001- Invasive Plant Treatment Ruby 2038

966.6 Acre $

Total $

Description of Requirement Colville National Forest, Ruby Planning Area Invasive Plant Treatment

Date(s) and Place(s) of Delivery and Acceptance/Location Colville National Forest, WA Period of Performance: Date of Award through 9/16/2023

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021) (Provision)

Addenda to provision 52.212-1:

Addenda to paragraph 52.212-1(b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award

Management in order to submit an offer. https://www.sam.gov/SAM/.

2) Offerors are advised to ensure their SAM.gov 52.212-3, Offeror

Representations and Certifications-Commercial Products and Commercial Services is complete.

3) Offers submitted in response to this solicitation shall include a technical capability, past performance information, and a price in their proposal.

FACTOR I - TECHNICAL CAPABILITY – Provide a proposal demonstrating your firm’s capability for performing the services required within the performance work statement (PWS); address the following criteria:

1. Sub-Factor 1 – Capability Statement: Provide a brief explanation of your capability to accomplish this work. Include a description of the work you plan to subcontract out.

FACTOR II – PAST PERFORMANCE. – The Past Performance evaluation will be accomplished by reviewing aspects of an Offeror's recent and relevant Past Performance, focusing on and targeting performance which is relevant to the effort as it directly relates to the work being procured under this solicitation and as defined in Addendum to FAR 52.212-2 Evaluation – Commercial Items.

https://www.sam.gov/SAM/

• The offeror shall include documentation regarding their relevant past performance as it directly relates to the work being procured under this solicitation. The offeror SHALL NOT go back any farther than 3 years for the submitted data. The past performance data shall document a successful history of past contract performance.

• Relevant Past Performance: Submit a short narrative providing details of the experience the firm has (either as a prime or sub-contractor) performing work similar in nature, scope, and geographical conditions. Offerors may include project photos or other information related to experience and capability – including contact information for each project. Proposals should describe your firm’s/crew’s experience.

• In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the offeror’s Past Performance submission and information obtained from other sources, such as the Past Performance Information Retrieval System (PPIRS) or similar systems, The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov, and commercial sources. Offerors are reminded that both independent data and data provided by offerors in their offers may be used by the Government to evaluate offeror past performance. However, the burden of providing thorough, complete, and current past performance information as requested in this paragraph remains with the offerors. Offers that do not contain the information requested by this paragraph risk receiving an unacceptable performance rating by the Government. The overall past performance evaluation is a subjective decision based on the whole of all data received. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

Submission Requirements. The offeror shall provide documentation outlining the offeror’s past performance with contracts, as a prime or major subcontractor, which is the same or similar in nature, size, and complexity to the services being procured under this Solicitation. The submittal shall include rationale supporting your assertion of relevance and how it was determined that the work performed previously was the same or similar in nature, size, and complexity to the work specified by this solicitation.

https://www.cpars.gov/

FACTOR III - PRICE – Include the following: 1) the completed price schedule contained in section v of this solicitation.

Acknowledge any amendments issued on sam.gov for this solicitation by completing and signing the posted SF-30.

The Government reserves the right to require the submission of Other Than Certified Cost or Pricing Data as is deemed necessary to arrive at a fair and reasonable price.

4) Submit offers by email to cynthia.horwitz@usda.gov and so that they are delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Past Performance, and Price Proposal) in Microsoft Word or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer.

5) Address questions about this solicitation to Contract Specialist: Cynthia Horwitz, cynthia.horwitz@usda.gov All questions shall be submitted no later than 12:00p.m. Pacific Time 6/16/2023 .

52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered, price being the primary criteria. The following factors shall be used to evaluate offers:

1. FACTOR I – Technical Capability

2. FACTOR II – Past Performance

3. FACTOR III – Price

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

ADDENDUM to 52.212-2 Commercial Items

1. BASIS FOR AWARD AND EVALUATION CRITERIA

A. BASIS FOR CONTRACT AWARD

1. This is a best value source selection conducted in accordance with

Federal Acquisition Regulation (FAR) PART 12, Acquisition of Commercial Items. Award will be made to a single offeror who is mailto:cynthia.horwitz@usda.gov mailto:cynthia.horwitz@usda.gov deemed responsible in accordance with the FAR, whose offer conforms to the solicitation requirements, and whose offer, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, is the most advantageous to the Government.

2. The government reserves the right to conduct a price realism analysis at any point during the evaluation process. The Government will evaluate prices for reasonableness using adequate competition and price analysis techniques.

2. AWARD FOR ALL THE WORK. The government intends on awarding a single firm fixed price contract.

3. EVALUATION CRITERIA.

A. Evaluation criteria consist of factors and sub-factors. The offers will be evaluated under three evaluation factors and three sub-factors

1. FACTOR I – TECHINCAL CAPABILITY

2. FACTOR II - PAST PERFORMANCE

3. FACTOR III – PRICE

B. FACTOR I – TECHNICAL CAPABILITY. The Government will evaluate the degree to which your proposal demonstrates capability to perform services required by the Performance Work Statement (PWS); including the following criteria:

Table A-1. Technically Acceptable/Unacceptable Ratings

Rating Description

Acceptable Offer clearly meets the minimum requirements of the solicitation.

Unacceptable Offer does not clearly meet the minimum requirements of the solicitation.

C. FACTOR II - PAST PERFORMANCE. The Past Performance evaluation will assess the relative risks associated with an offeror’s likelihood of success in performing the solicitation’s requirements as indicated by that offeror’s record of past performance. Performance risk is assessed at the factor level after evaluating aspects of the offeror’s recent past performance and focusing on performance that is relevant to the services being procured under this solicitation. Past performance areas of evaluation include:

Quality of Service

Timeliness of Performance Business Practices Customer Satisfaction Personnel

(1) Recency Assessment. An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past three (3) years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

(2) Relevancy Assessment. To be relevant, the effort must be of similar nature in geographic setting/area, work, size, magnitude, complexity and scope. The Government will conduct an in-depth evaluation of all recent performance information obtained to determine if it is the same or similar in nature, size, and complexity to the services/products being procured under this solicitation.

(3) Assigning Ratings. The Past Performance Factor will be assigned one of the ratings defined below. An award will not be made to any offeror who receives an “Unacceptable” past performance rating.

(4) Offerors without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, will not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

D. FACTOR III - PRICE. Price is not formally scored but is the primary evaluation factor for determining award. The government expects competitive offers to be submitted for this procurement and will use these competitive offers to determine price reasonableness. If competitive offers are not received, the

Table A-2. Relevant Past Performance Evaluation Ratings Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Government reserves the right to utilize other methods identified in the FAR to determine price reasonableness.

(1) Completeness. Each offeror is required to provide complete pricing for each contract line identified.

(2) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

Evaluation of options shall not obligate the Government to exercise the options(s).

(3) The Government will evaluate the option contained in clause 52.217-8

– Option to Extend Services by adding to the total price one half the amount of the final year's option price (base year if no options).

Evaluation of this option shall not obligate the Government to exercise this option. The offeror shall not include pricing for this option period on their offer.

(4) The Government will evaluate the option contained in clause 52.217-5, Evaluation of Options by adding the total price of the base plus option item(s). Evaluation of this/these option(s) shall not obligate the Government to exercise the option(s).

Definitions.

Reasonableness. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

Completeness/Accuracy. The offeror is in compliance with the Schedule of Items contained within the solicitation.

Contract Clauses and Provisions

The following clauses and provisions apply to this acquisition:

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

• http://acquisition.gov/comp/far/index.html.

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021)

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in

DEVIATION 2017-1 (AUG 2017):

(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; 10 U.S.C. 2409 relating to http://acquisition.gov/comp/far/index.html whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

52.212-5 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021) (DEVIATION JUL 2020)

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

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

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

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

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77 and 108-78 (19 U.S.C. 3805 note)).

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

☒ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

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

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021)

(15 U.S.C. 632(a)(2)).

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

☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(DEVIATION JUL 2020) (E.O.13126).

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

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

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

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

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

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

78 and E.O. 13627).

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (Jun 2020) (E.O. 13513).

☒ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

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

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

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

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

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29

U.S.C. 206 and 41 U.S.C. chapter 67).

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

☒ 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).

☒ 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).

☒ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form.

This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and

(d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

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

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

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

115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

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

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

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

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

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

chapter 78 and E.O 13627).

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

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

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

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

chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017)

(E.O. 13706).

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

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

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

United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

Additional Requirements/Terms and Conditions:

FAR and AGAR Clauses:

Clauses Incorporated by reference:

52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) (DEVIATION APR 2020) (31 USC 3903 and 10

USC 2307)

52.236-2 Differing Site Conditions (APR 1984) 52.237-1 Site Visit (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation

(APR 1984)

52.242-14 Suspension of Work. (APR 1984) 452.236-73 Archaeological and Historic Sites (Feb. 1988) 452.236-72 Use of Premises (NOV 1996)

Clauses by Full text:

52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.

The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of contract expiration.

52.217-9 Option to Extend the Term of the Contract. (MAR 2000) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

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

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation

(48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (OCT 2021) Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation.

The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

FAR and AGAR Provisions:

Provisions Incorporated by reference:

52.204-7 System for Award Management (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020) FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items. (NOV 2021)(Deviation Jul 2020) 52.217-5 Evaluation of Options (July 1990)

Provisions by Full Text:

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses:

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

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to provisions may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.252-5 Authorized Deviations in Provisions (NOV 2020)

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

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Additional Terms and Conditions to the Contract: Not applicable

Statement of Work

644504 - 35 INV Ruby Invasive Plant Treatment– Noxious Weed Spraying

The end result is to treat approximately 966.6 gross acres of invasive plants in the Ruby Planning Area.

The spray area includes both spraying on and along the road prisms. Both temporary roads and system roads within the planning area would be treated. The spray on and along roads are described as the roadbed. A treatment strip would consist of 18 feet wide from the edge of the driving surface of the road along both sides of the road.

Treatment of invasive plants in middle of roadbed if present. All weed control measures shall comply with all herbicide labels in regard to the applicable laws and regulations of the State of Washington as well as the Colville National Forest Forest-wide Invasive Plant Treatment Final Environmental Impact Statement, USDA Forest Service, Colville National Forest and Record of decision.

A Daily Spray Report which includes the “Pesticide Application Record” form and map of application areas shall be completed daily by the Contractor. The report will include road numbers, Township, Range, and section(s) where work was implemented. GPS information will be required and recorded in (Universal Transverse Mercator) UTM NAD 83 projection. The Contractor shall keep the COTR informed of their progress on a bi-weekly basis. Reports shall be available for inspection by the Contracting Officer’s Technical Representative (COTR) at any time and at a minimum submitted bi-weekly.

The Contractor shall record GPS locations of plants/treatment areas and submit the records with the location, species, and approximate population density to the government. The contractor shall also provide the government with a final report including a map showing the locations of all plants/treatment sites within 30 days following the completion of treatment.The Contractor shall treat invasive plants by spot/ broadcast spray of herbicides with truck and/or ATV mounted boom units. In addition, the use of backpack spray units where suitable. The contractor shall furnish all materials, equipment, labor, supervision, transportation, operating supplies, and incidentals necessary to safely apply herbicides. Application shall be in accordance with the contract specifications, terms, conditions specified on the herbicide label(s), and State of Washington rules and regulations.

Timing of herbicide treatment

Treatment shall occur during the period of the Date of Award to September 16th, 2023.

Work shall be conducted Monday through Thursday to avoid conflict with the public using the National Forest for recreation opportunities. Treatments will not be conducted during Federal recognized holidays.

Rate of performance

At least one lead applicator/work supervisor shall be on the work site during herbicide application. Applicators are required to hold the proper herbicide license from the state of Washington.

Target Species and Approved Herbicide

The target species will coincide with the 2023 Washington state noxious weed list (attached to this contract). At a minimum, 90 percent of the target species shall show mortality or lethal effects from treatment such as wilting, curling or discoloration.

The contractor shall use herbicides that are appropriate for the invasive species encountered as listed in Table 1. Glyphosate may be used if it is appropriate for the situation encountered. If necessary, glyphosate may be used in a mix with other herbicides. However, glyphosate is not to be a primary use herbicide.

Herbicides may be mixed when it is appropriate for treatment effectiveness. For example, an assortment of weed species on the ground that need different herbicides for control, or to provide future residual control.

The following table is a list of approved herbicides for use on the Colville National Forest.

Table 1.

Mixing Standards

1. A surfactant shall be used in all applications, e.g. Syl-tac.

2. Carrier: Water shall be used as a carrier.

3. Water use for spray mixing will be from a clean private source or from an approved source designated by the FS.

4. All empty containers will be triple rinsed, be punctured, and disposed of.

Disposal of herbicide containers shall be done at approved sites and in accordance with local, state, and federal regulations.

Spraying Standards

1. Spray drift shall be minimized.

2. Herbicide shall not be applied to any area where there are no target species.

3. No herbicide application shall take place within 50 feet of streams or wetlands.

4. The Contractor shall minimize damage to non-target vegetation.

5. The Contractor shall treat all target species with the appropriate herbicide at a rate of application that does not exceed label direction.

6. The contractor shall not apply herbicide closer than 100 feet to any occupied campsite.

7. Contractor’s activity will not contribute to measurable or noticeable erosion, extensive or localized soil disturbance, or long-term physical damage to desirable vegetation.

8. The Contractor shall obtain and monitor local weather forecast for the proposed treatment area prior to applying herbicides. Weather conditions will be monitored so that applications comply with label recommendations. Spraying activities shall not occur if precipitation is expected (NOAA weather forecast) within 4 to 6 hours.

9. Buffer strips may be designated by the Government during operations to protect certain areas where no application of herbicide shall occur. Designation may be verbally, with flagging or identified on maps depending on area being protected.

Locations of buffer strips and how they will be identified will be discussed as needed.

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

A. Frost, snow, or ice covers brush or target plants.

B. Foliage of target plants is wet.

C. When wind speeds are more than 10 miles per hour.

Herbicide Application Guidelines

1. General Application

• Post all herbicide treated areas with signs provided by FS. Areas designated as a special public concern at the pre-work meeting shall be signed two days prior to treatment.

Government-Furnished Property (GFP)

The Government will provide the following item(s) listed below in Table 2 of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor and returned to the Contract Administer when the Project is completed and accepted.

Table 2. Government Furnished Property.

Item Description Where, When, How

Project Maps Maps of the project area with access roads.

Attach to this contract.

Site specific field maps Maps that show the sites for rare plants or other areas to avoid conflict with other resources.

Provided to the Contractor at the post award meeting.

Access behind locked gates

Some areas may be behind Forest Road closures (locked gates). The Government will provide access through locked gates unless walk-ins are required. The Contractor will be required to return keys prior to final payment.

During period unit is being treated. Location and time for delivery will be agreed to as these items are necessary. The key will be provided at the pre-work meeting

Signs Signs to Post Treatment Areas.

Will be provided to the contractor at post award meeting. Will be posted at the beginning and end of each treated road segment.

Work Standards

The contractor shall exercise care in work methods to prevent unnecessary damage to non-target species. Non-target species is any vegetation that is NOT listed on the 2023 Washington state noxious weed list. Mortality and herbicide effects on these species should be less than 10 percent of the individuals encountered within the sites.

All work under this contract shall be performed in a skillful and efficient manner. The Contracting Officer may, in writing, require the contractor to remove from work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable for theft, possession and/or removal of materials, supplies, equipment, or any Government-owned property, or for unsatisfactory performance.

The contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity, and shall be responsible for taking such disciplinary action with respect to their employees as may be necessary.

The Contractor shall provide appropriate safety equipment for employees. Employees shall be trained in how to use safety equipment, e.g. eyewash bottles.

The contractor shall mark the end of treated roads and tracks with supplied signs.

Inspection and Payment

GPS track records and application records will be examined to determine completeness. Accuracy will be determined by visual inspection of treated noxious weeds. Target species should show evidence of curling of leaves, wilting, discolor, etc.

Deductions in pay may occur for less than 90% plants treated, incomplete records, or failure to achieve contract requirements. Visual inspection or random sample plots of treated areas and review of Contractor's Application Records will be conducted by Contracting Officer Representative or technical representatives. Failure to submit application records in a timely manner will further delay payment processing. The Contractor or its Authorized representative will be Informed immediately after inspection if inspection results indicate there is a missed or problem area and rework can be initiated.

The Contractor's treatment will affect the performance evaluation either positive or negative. 75% payment for successful completion of work after first visual inspection, or random sample plots. Inspections will take place three (3) – seven (7) days after receipt of contractor's application records. The remaining 25% will be approved for payment after four to five weeks when the site is revisited, and Minimum Quality Standards are met. The Government may elect to make only one visit to the site and approve payment at 100%.

Date, Time, and Place Offers are due: Offers are due via email.

12:00p.m. Pacific Time June 23, 2022 – to Contract Specialist: Cynthia Horwitz at cynthia.horwitz@usda.gov and Contracting Officer:

Government Point of Contact :

Cynthia Horwitz – Contract Specialist: cynthia.horwitz@usda.gov mailto:cynthia.horwitz@usda.gov mailto:cynthia.horwitz@usda.gov