GMUG Weed Spraying_Combined SS_ RFQ.pdf

Solicitation Number: 1240LQ23Q0055 GMUG NF | Grand Valley & Paonia Ranger Districts Noxious Weed Spraying

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, 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.

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

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02.

(iv) This procurement is a total set aside for small business. The NAICS code is 115310 and the Small Business Size Standard is $10.

(v) Schedule of Items/Price Schedule

Schedule of Items

Project Description: Invasive Weed mapping and spraying

Vendor Name: __________________________________Vendor UEI:___________________

Item Supplies/Services County

Qty Unit of Issue

Unit Price Total Price

100 Brush and Bloss Mesa 28 Acres $ $ 200 Cheney Allotment Mesa 12 Acres $ $ 300 BOR Penstock Mesa 12.5 Miles $ $ 401 Buzzard Allotment Mesa 66 Acres $ $ 402 Buzzard Allotment Mesa 12.7 Miles $ $ 500 West Muddy Delta 10 Miles $ $

Total $

Schedule Notes:

Multiple Awards may be made based on best value to the Government.

1. Quoters may submit prices for each Item they wish to be considered for.

2. Quoters may qualify their quote to limit the number of line items for which they will be considered.

Quotes desiring to qualify their offer must complete the following:

My Quote is limited to the following Items:

___ Item 100 Brush and Bloss ___ Item 200 Cheney Allotment ___ Item 300 BOR Penstock ___ Items 401 & 402 Buzzard ___ Item 500 West Muddy

Quoter Signature ___________________________ Date: _____________

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Description of Requirement (including a list of any attachments)

The Grand Mesa, Uncompahgre & Gunnison (GMUG) National Forests has a requirement for Noxious Weed Spraying and GPS Reporting services. The resultant contracts will be for spraying of herbicide on noxious weeds and GPS reporting at various locations on the GMUG National Forest using herbicides according to label specifications.

The contractor shall collect daily location information for each site, including locations of areas searched and areas sprayed. Additionally, separate location information must be completed for each weed species site.

GPS polygons are the preferred format. Specific treatment areas on the GMUG National Forests will be identified in each purchase order. The successful offeror(s) will perform the work following a pre-work meeting with the District Noxious Weed Program Manager and/or the Contracting Officer’s Representative (COR).

The Contractor shall furnish all labor, transportation, equipment, supplies, water, herbicides, services, supervision, permits, incidentals and licenses necessary to spray herbicide on acres of noxious weeds on the areas specified. All aspects of work shall be performed in an organized, systematic manner to ensure services will be performed over the designated treatment areas.

The Contractor agrees to attend any post award conference convened by the contracting activity.

At these meetings, the COR will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government if any problems are experienced. Appropriate action shall be taken to resolve outstanding issues.

Noxious weed treatments will occur in areas of the GMUG National Forests. General treatment areas are identified on the map included with each individual statement of work. For efficient completion of this project, the contractor may set up a base camp along nearby Forest Roads.

Most backcountry roads are accessible by four-wheel drive vehicles. ATV/UTVs may be used to access some roads, trails and off-road areas while other areas such as mountain streams will require significant and, in some cases, challenging walking or by horseback. Mechanized or motorized equipment such as generators, pumps or ATV/UTVs shall not be used in the Wilderness. Both pack animal and ATV/UTV mounted spray equipment is anticipated for the execution of this project. Past contractors have treated an average of 4 acres per day, per applicator.

The terrain within the project area will vary as will the vegetation type; from sagebrush to spruce/fir. There could be substantial dead and down material in timber stands. Moderate to steep slopes can be anticipated. Substantial dead and down material can be anticipated in burned areas and fuel treatment units (post-treatment). Burned areas can be hazardous; risks include falling trees and flood. Water may be obtained from nearby communities. Do not plan on taking water from project area water sources. Some sites in the project area can be effectively treated by boom spraying, others will require handgun application with long hose pulls, and still others will require backpack and stock animals. Some weed occurrences are adjacent to streams. Project boundaries

Noxious Weed Spraying can be determined from provided maps and/or distinct markings on the ground such as fences, roads, or signs.

The scope of work includes the treatment of noxious weeds in areas of the GMUG National Forests, and reporting of those treatments, in compliance with terms, specifications, conditions and provisions contained herein. Treatments methods include chemical (spot spraying of herbicide). Noxious weed occurrences are often very small (<1/1000 ac) and widely scattered.

Also included are the following treatment and reporting types:

1. Vehicle or ATV/UTV-accessible treatment/reporting of noxious weed occurrences

2. Horse, pack animal, and/or backpack-accessible treatment/reporting of noxious weed occurrences

3. Vehicle or ATV/UTV-accessible inventory/reporting and treatment/reporting of noxious weed occurrences

4. Horse, pack animal, and/or backpack-accessible inventory/reporting and treatment/reporting of noxious weed occurrences

Only Colorado State Qualified Supervisors, Certified Applicators, or Trained Technicians will be allowed to apply herbicides. The Contractor shall provide a copy of all licenses and certifications to the Contracting Officer. The Contractor shall be experienced in noxious weed management and herbicide use. The contractor and all employees performing field work under this contract shall be able to identify target weed species in all stages of development and to distinguish between weed species and non-target species. Herbicide application to non-target species when no noxious weeds are present shall constitute noncompliance.

All work shall be conducted in a safe and expedient manner and in conformance with the specifications referenced. When applicable, traffic control shall be in accordance with standards set forth in the most current edition of the Manual on Uniform Traffic Control Devices (MUTCD). All work shall be conducted by personnel fully qualified to perform such tasks assigned and shall be supervised by an onsite designated Contractor’s Representative.

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this Performance Work Statement. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which they assure themselves that their work complies with the requirement of the contract. The quality control program is to be delivered at the time of proposal. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to their QC system.

The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the

Noxious Weed Spraying performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

All equipment shall be in good repair and capable of accomplishing assigned tasks in a safe and environmentally acceptable manner. Where applicable, all equipment shall be fitted with approved spark arrestors. All repairs to equipment under this contract shall be made and paid for by the Contractor.

Equipment may be owned, rented or subcontracted. All equipment shall be cleaned of earthen and vegetative materials that may contain weed seed prior to delivery onto National Forest Lands.

Record Keeping, Reporting and Payment: The Government has unlimited rights to all documents/material produced under this contract. The contractor shall maintain separate daily application records for each site containing all applicable information as required by the State of Colorado and shall provide a copy of the daily application record for the COR’s review in the time frames required by the contract specifications. A separate daily application record must be completed for each List A species. Only Forest Service daily application record forms will be accepted unless otherwise agreed upon with the Contractor at the pre-work meeting. Daily application record forms shall be completed in full. This information, along with corresponding treatment location information, and field inspections, will be the basis of payment.

The contractor shall collect daily location information for each site, including locations of areas searched and areas treated. Additionally, separate location information must be completed for each List A weed species site. GPS polygons are the preferred format (.shp, .gpx, or equivalent file types).

STANDARD DEFINITIONS

Acceptable Quality Level (AQL) The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

Defective Service. A unit of service which contains one or more defects, or nonconformance with specified requirements.

Performance Requirements Summary (PRS) Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

Quality Assurance Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

Contracting Officer’s Representative (COR) A Government person appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

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Government Inspector A Government person responsible for surveillance of contractor performance.

Quality Assurance Surveillance Plan (QASP) An organized written document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the contractor.

Quality Control Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

Random Sampling A sampling method in which each service output in a unit has an equal chance of being selected.

TECHNICAL DEFINITIONS- NOXIOUS WEED SPECIES KNOWN TO OCCUR*

Scientific Name Common Names Scientific Name Common Names Acroptilon repens Russian knapweed Dipsacus fullonum Common teasel Anthemis arvensis Corn chamomile Elaeagnus angustifolia Russian olive Anthemis cotula Mayweed chamomile Euphorbia esula Leafy spurge Arctium minus Common burdock Hyoscyamus niger Black henbane Artemisia absinthium Absinth wormwood Kochia scoparia Kochia

Astragalus bisulcatus

Twogrooved milkvetch Lepidium latifolium Perennial pepperweed Bromus tectorum Cheatgrass Leucanthemum vulgare Oxeye daisy Cardaria draba Whitetop Linaria dalmatica Dalmatian toadflax Carum carvi Caraway Linaria vulgaris Yellow toadflax Carduus acanthoides Plumeless thistle Onopordum acanthium Scotch thistle

Carduus nutans Musk thistle Potentilla recta Sulphur cinquefoil Centaurea diffusa Diffuse knapweed Rumex Dock

Centaurea stoebe Spotted knapweed Salsola tragus Prickly Russian thistle

Cerastium arvense Field chickweed Senecio jacobaea Tansy ragwort Cichorium intybus Chicory Tamarix ramosissima Saltcedar Cirsium arvense Canada thistle Tanacetum vulgare Common tansy Cirsium vulgare Bull thistle Tribulus terrestris Puncturevine Convolvulus arvensis Field bindweed Tripleurospermum perforatum Scentless chamomile

Cynoglossum officinale Houndstongue Verbascum thapsus Common mullein

*Any noxious weed species found on the Colorado A and B lists are to be treated. District Noxious Weed Program Managers will determine which list C species are to be treated.

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GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICES

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

1) Electronic files of any or all of the following, as requested by the contractor:

a) maps covering the treatment area showing known occurrences of noxious weeds.

Maps of areas and species to be treated will be provided at the pre-work meeting and may be adjusted during the spraying season to reflect new weed locations.

b) Shape files of the weed treatment polygons

c) GPS coordinates of known weed locations

d) Format for Daily Application Records

2) Forest Service access codes, key, or gate information, as necessary.

CONTRACTOR FURNISHED ITEMS/SERVICES

The contractor shall furnish everything, excluding items listed under Government furnished property, required to perform this contract.

PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKS

The following tasks are to be performed to the quality performance requirements shown on the Performance Requirements Summary table.

The contractor shall use herbicides according to product labels to spray herbicide on noxious weeds on the GMUG National Forests as follows:

Spray herbicide on noxious weeds at the optimal stage of development for herbicidal action to take place using ATV/UTV or other vehicle methods. Not all noxious weed locations are known.

Some species will require both early summer and fall applications. Priority species and sites will be reviewed during the pre-work meeting.

Spray herbicide on noxious weeds at the optimal stage of development for herbicidal action to take place using backpack and/or pack animals to reach difficult sites beyond of reach of long hose pulls from vehicles. Priority species and sites will be reviewed during the pre-work meeting. This includes the Wilderness Areas where only non-mechanized equipment shall be used.

Submittals. The contractor shall provide the following submittals:

Complete Daily Application Record for each day for each site, documenting herbicide, carrier, and adjuvants used and acres treated for each noxious weed species. (See Attachments for required form). A separate Daily Application Record must be completed for each List A weed species site. Provide these records with corresponding location files recording areas treated.

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Daily location information for each site, including locations of areas searched and areas sprayed.

Additionally, separate location information must be completed for each List A weed species site.

GPS polygons are the preferred format (.shp, .gpx, or equivalent file types).

It is the responsibility of the contractor to obtain the proper certification and or licensing by the State of Colorado. Only contractors certified by the State of Colorado will be considered.

The contractor shall comply with all federal, state, and local rules, regulations and laws pertaining to the work required by this contract (See Clause FAR 52.220-3, Federal, State and Local Taxes). It is the responsibility of the contractor to comply with all requirements of the Pesticide Applicator’s Act (Sec. 35-10-101 et seq. C.R.S.).

The Contractor shall ensure all equipment and livestock moved onto National Forest System land are free of soil, seeds, vegetative matter, or other debris that could contain or hold noxious weed seed. The Forest Service will request inspection of equipment prior to it being placed into service.

Spraying Specifications

Herbicide, surfactant, and dye shall be applied in accordance with manufacturers and EPA label instructions and specifications. A minimum of 20 gallons/acre delivery rate or greater is recommended for all treatments. Any volume less than 20 gallons/acre delivery rate must be approved by the COR. Marker dye is required for all treatments.

Contractor must certify that spray equipment can be and is accurately calibrated and the products applied at required label rates.

Target weed species shall be sprayed at optimal stage of development for herbicidal action to take place. Timing will be consistent with factors such as target species growth stage, product formulation and weather.

Weeds shall be sprayed primarily by spot spraying. Most patches of weeds are less than 1/1000 acre. Small spots have a higher priority for treatment than large polygons. Spraying must be done in a site-specific manner to minimize impacts to non-target vegetation and address any environmental concerns. No applications will be applied directly to water.

Preparing tank mixes, cleaning spray equipment, or disposing of herbicide containers shall not occur at any Forest Service facility.

The contractor is responsible for the proper use and storage of all chemicals during the performance of this contract.

The Forest Service is not responsible for the safety of the Contractor nor any assistants, nor liable for damage to crops, water aquifers, human or animal contamination. (See Clause

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AGAR 452-228-71 Insurance Coverage).

Posting is required at all developed sites such as campgrounds, parking areas, and trailheads.

Contractor shall remove the signs at developed sites as dictated by the chemical labels.

Burned areas and sites with dead trees (beetle-kill, drought, etc.) can be hazardous. The Contractor shall ensure that all personnel wear appropriate personal protective equipment during all activity in these areas.

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PERFORMANCE REQUIREMENTS SUMMARY

TASK/ SUBTASK PERFORMANCE

STANDARD

ACCEPTABLE

QUALITY LEVEL

MONITORING

METHOD

DISINCENTIVES FOR NOT

MEETING STANDARDS

Treatment

1.1 Spray herbicide on noxious

weeds using vehicle, ATV/OHV methods

All noxious weeds shall be chemically sprayed at the plant stage most conducive to herbicidal action.

90% acceptable level of performance (90% of the occurrences shall be sprayed).

Perform periodic on- site inspections

Rework at contractor’s expense.

Payment will be deducted 2% for each percentage point of AQL less than 90%. No payment will be made for less than 70% AQL; Poor performance rating will be given.

1.2 Spray herbicide on noxious

weeds using stock pack equipment, and/or backpack equipment methods

All noxious weeds shall be chemically sprayed at the plant stage most conducive to herbicidal action

90% acceptable level of performance (90% of the occurrences shall be sprayed).

Perform periodic on- site inspections

Rework at contractor’s expense.

Payment will be deducted 2% for each percentage point of AQL less than 90%. No payment will be made for less than 70% AQL; Poor performance rating will be given.

1.3 Inventory noxious weeds

using vehicle, ATV/OHV methods. If infestations are minimal, spray herbicide on noxious weeds using vehicle, ATV/OHV methods

All occurrences of noxious weeds will be recorded. If infestations are small enough to treat during inventory, and are at the correct growth stage, they will be treated.

90% acceptable level of performance (90% of the occurrences shall be documented). If treatment occurs, AQL will be as for 1.1

Perform periodic on- site inspections

Rework at contractor’s expense.

Payment will be deducted 2% for each percentage point of AQL less than 90%. No payment will be made for less than 70% AQL; Poor performance rating will be given.

1.4 Inventory noxious weeds using

stock pack equipment, and/or backpack equipment methods. If infestations are minimal, spray herbicide on noxious weeds using stock pack equipment, and/or backpack equipment methods

All occurrences of noxious weeds will be recorded. If infestations are small enough to treat during inventory, and are at the correct growth stage, they will be treated.

90% acceptable level of performance (90% of the occurrences shall be documented). If treatment occurs, AQL will be as for 1.1

Perform periodic on- site inspections

Rework at contractor’s expense.

Payment will be deducted 2% for each percentage point of AQL less than 90%. No payment will be made for less than 70% AQL;

Poor performance rating will be given.

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Reporting

2.1 At every 14-day interval, provide

complete Daily Application Records for each day, for each site, using the required form. A separate Daily Application Record will be completed for each List A species site.

All Daily Application Record forms will be completely and accurately filled out, recording herbicide, adjuvant, and dye use and acres treated for each species. Provide at 14-day intervals.

100% acceptable level of performance (100% of the completed forms shall be provided at 14-day intervals)

Review submitted data for technical accuracy, completeness and compliance with time requirements.

Rework at contractor’s expense.

Payment will be deducted 1% for each day that Daily Application Record forms that meet the performance standards are not provided at 14-day intervals.

2.2 If applicable, at every 14-day

interval, provide location information for each day, for each site, to document areas searched and/or sprayed. Separate location information will be completed for each List A species site.

All location information will be technically sound and reflect actual area searched and/or treated.

Information will be provided at 14-day intervals.

100% acceptable level of performance (100% of the spatial data shall be provided at 14- day intervals)

Review submitted data for technical completeness and compliance with time requirements.

Rework at contractor’s expense.

Payment will be deducted 1% for each day that spatial data that meet the performance standards are not provided at 14-day intervals.

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GPS Datum

All GPS information will be in NAD83, Zone 13N, UTM projection

Commonly Used Herbicides

Clopyralid (Transline) 4# active ingredient/gal 2,4-D amine + Clopyralid (Curtail) Glyphosate (Rodeo/Roundup-Pro/Aquatic) 2,4-D amine (Clean Crop or Weed-Pro) 4# active ingredient/gal 2,4-D (HiDep) 3# active ingredient/gal 2,4-D + Glyphosate (Campaign) Triclopyr Clopyralid (Redeem) 2,4-D amine (Aquatic label) Dicamba (Vanquish) 4# active ingredient/gal Surfactant (Silicone – Sil Energy) 90% ai Picloram (Tordon 22k) 2# active ingredient/gal Surfactant (Phase) Chlorsulfuron (Telar) 75% ai Methylated Seed Oil Metsulfuron-Methyl (Escort) 60% ai Drift Retardant (eg Windbrake) Imazapic (Plateau) 23% ai Dye (Hi-light, Blazon) Aminopyralid (Milestone) 40.6% ai Surfactant (Dyne-amic)

Livestock Use and Camping Requirements

1. The contractor shall ensure all camp equipment, ATVs/UTVs, vehicles, tack, blankets, and stock are free of dirt, vegetative material and weed seeds prior to entering the Forest.

2. Contractor is required to pressure wash all off-road equipment prior to moving onto the Contract Area to ensure that all equipment is free of soil, seeds, vegetative matter, and other debris that could contain or hold noxious weed seeds. Equipment shall be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools will not be required.

3. The contractor shall not allow horses to run at large. Unless grazing, horses shall be tied to a high line or kept in a temporary pasture when being fed and watered or when not being used. Any tying to trees will be for a very short time and only in a manner that does not damage trees. Animals being picketed must be routinely moved to avoid excessive grazing use (not less than 4” stubble height).

4. Camping in or grazing of wet meadows is not allowed.

5. Livestock owned or controlled by the contractor, that die on NFS lands, shall be removed, or otherwise disposed of in a manner acceptable to the COR.

6. Certified weed free hay, mulch or straw is required.

7. Camp areas and livestock will be secured a minimum of 100 feet from all lakes, streams, and trails.

8. All camp areas will be kept clean and orderly, and all bear attractants will be properly stored.

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Attachment 1 Statement of Work Brush and Bloss

Attachment 2 Statement of Work Cheney Allotment

Attachment 3 Statement of Work BOR Penstock

Attachment 4 Statement of Work Buzzard Allotment

Attachment 5 Statement of Work West Muddy

Attachment 6 Wage Determination

Attachment 7 Daily Pesticide Application Record

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location

July 1, 2023, to September 30, 2023

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023) (Provision) Addenda to provision 52.212-1:

Addenda to Provision 52.212-1:

For simplified acquisitions, the word quote or quoter is substituted in provision 52.212-1 for the word offer or offeror.

Addenda to Provision 52.212-1 paragraph (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) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.

a) Technical Proposal – The technical proposal shall address the evaluation factors in 52.212-2. At a minimum the technical proposal shall include:

i) Past Performance – provide a list of 3 similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed, and contact information (name, phone, and email).

The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. In the event that https://www.sam.gov/SAM/

Noxious Weed Spraying there is no past performance information available, the offeror will receive a neutral rating in this factor.

ii) Technical Capability – Provide a list of equipment and list key personnel (with qualifications and licensing) that will be used to complete this project.

b) Price Proposal – Include the following:

1) the completed Schedule of Items

2) If applicable, acknowledge any amendments to this solicitation by following the instructions that accompany the amendment(s).

c) Representations and Certifications – Fill in the check boxes for provision 52.212-3, and Employment of Eligible Workers-Workforce Certification found in this solicitation and include a copy with your offer.

3) Submit offer by email to Rebecca.l.schowalter@usda.gov, so that it is delivered into this inbox by 2:00 p.m. Mountain time, on June 23, 2023. Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and Representations and Certifications) in Microsoft Word, Excel, 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 from Rebecca Schowalter.

4) Address questions about this solicitation to Rebecca Schowalter at rebecca.l.schowalter@usda.gov.

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. The following factors shall be used to evaluate offers:

1) Key personnel are Certified/Licensed

2) Relevant Past Performance

3) Price

Key personnel and past performance, when combined, are significantly more important than price.

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 mailto:Rebecca.l.schowalter@usda.gov

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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.

Representations and Certifications (complete highlighted items in this section and return with your offer)

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (DEC 2022) (DEVIATION DEC 2022) (DEVIATION NOV 2022) (Provision)

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.

Employment of Eligible Workers - Workforce Certification (Provision)

Contractors are required to provide certification under this solicitation in compliance with the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) and Farm Labor Contractor (FLC) Certificate of Registration requirements describing the workforce they will utilize to fulfill the contract requirements under this solicitation and any resulting contract. If the Contractor will supply workers under the H-2B Program, the Contractor is required to provide a copy of the Temporary Employment Certificate issued by DOL.

https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf file:///C:%5CUsers%5Cmelissaajohnson%5CDownloads%5C(DEVIATION%20NOV%202022)%20%E2%80%93%20Offerors%20that%20are%20representing%20as%20joint%20ventures%20should%20submit%20their%20socio-economic%20status%20in%20the%20space%20provided%20above%20until%20such%20time%20that%20SAM.gov%20has%20been%20updated%20to%20include%20the%20joint%20venture%20representations%20contained%20within file:///C:%5CUsers%5Cmelissaajohnson%5CDownloads%5C(DEVIATION%20NOV%202022)%20%E2%80%93%20Offerors%20that%20are%20representing%20as%20joint%20ventures%20should%20submit%20their%20socio-economic%20status%20in%20the%20space%20provided%20above%20until%20such%20time%20that%20SAM.gov%20has%20been%20updated%20to%20include%20the%20joint%20venture%20representations%20contained%20within http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

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Subcontractors are bound by the same requirements for licenses and permits under this contract. If a Prime Contractor identifies a Subcontractor as part of their workforce to accomplish the work under this solicitation, the Prime Contractor shall submit the Subcontractor's signed certification with their response to the solicitation.

H-2B Workers: (http://www.foreignlaborcert.doleta.gov/)

Company certifies it will not be utilizing H2B Workers under any resulting contract of this solicitation.

Company will be utilizing H2B Workers (under any resulting contract of this solicitation. Provide a copy of Temporary Employment Certificate.) MSPA Workers: (http://www.dol.gov/whd/mspa/)

Company certifies it will not be utilizing MSPA workers under any resulting contract of this solicitation.

Certifies has valid FLC certificate of registration. (Attach a copy of current certification.) Authorization includes:

Transporting workers

Driving

Housing workers

Company has applied for a Certificate of Registration on ______________ .

Contractors not currently having obtained a certificate (for each partner, if partnership) will be requested to furnish proof of having obtained a Certificate of Registration prior to award of contract. If the contractor does not provide the required Certificate in a reasonable timeframe, the contractor will not be eligible for the contract award. Partnerships must furnish proof of registration of their assumed business name, if any, with the State of registration.

State of ______________ No.______________

Information about licensing requirements and procedures may be obtained from the following:

I, on behalf of said Company, certify to the above responses.

SIGNATURE: DATE:

PRINTED NAME: TITLE:

http://www.foreignlaborcert.doleta.gov/ http://www.dol.gov/whd/mspa/

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(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (DEC 2022) (DEVIATION 2017-1)

Addenda to 52.212-4:

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAR 2023) (DEVIATION

2017-1, DEVIATION DEC 2022)

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

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

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

115-91).

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C.3903 and 10 U.S.C. 3801)

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

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

[Contracting Officer check as appropriate.] ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with

Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.

3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☐ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1)

☐ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf

Noxious Weed Spraying ☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (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).

☐ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15

U.S.C.657a).

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

☐ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and

(3)).(DEVIATION DEC 2022)

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Sep 2021) of 52.219-9.

☐ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☐ (ii) Alternate I (MAR 2020) of 52.219-13

☐ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

☐ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

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

https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

Noxious Weed Spraying ☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

☐ (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 (Oct 2022) (15 U.S.C. 637(m)).

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

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

☐ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022)

(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).

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

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

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

☒ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

☐ (ii) Alternate I (Jul 2014) of 52.222-36.

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

☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

☒ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and

E.O. 13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (36) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (37) (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.)

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (40) (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.

☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

Noxious Weed Spraying

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

☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

☐ (43) (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.

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☒ (48)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

☐(ii) Alternate I (Oct 2022) of 52.225-1 ☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19

U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐(ii) Alternate I [Reserved] ☐(iii) Alternate II (Dec 2022) of 52.225-3.

☐(iv) Alternate III (Jan 2021) of 52.225-3.

☐(v) Alternate IV (Oct 2022) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct

2018) (31 U.S.C. 3332).

Noxious Weed Spraying ☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

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

☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Nov 2021) of 52.247-64.

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

Contracting Officer check as appropriate.] ☒ (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.

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

Employee Class Monetary Wage/Fringe Benefits

__Environmental Technician 30095_

_______GS-7___/___$18.45____

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

chapter 67).

☒ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Noxious Weed Spraying ☒ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

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

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792).

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

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

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

(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),…