Herbicide Solicitation.pdf

W912DR-22-R-0054 – Indian Rock Dam York, PN Herbicide Application

This is a COMBINED SYNOPSIS / SOLICITATION for commercial services prepared in accordance with the format in the Federal Acquisition Regulations (FAR) sub Part 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued.

FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular (FAC) and are available in full text through Internet access at http://www.acquisition.gov/far

PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE.

DISCLAIMER: The Government is not liable for information furnished by any other source. This will normally be the only method of distributing information. Therefore, it is the responsibility of any interested parties to check the website periodically for any further postings. Websites are occasionally inaccessible due to various reasons. The

Government is not responsible for any loss of internet connectivity or for inabilities to access the documents posted on the referenced web pages. Interested parties should refresh the page periodically when accessing. The government will not issue paper copies.

Section A

The U.S. Army Corps of Engineers (USACE), Baltimore District requires a service contract to ensure continuity of the required maintenance at two flood risk management projects (Indian Rock Dam and Codorus Creek Stream

Improvement Project both located in York County near York, PA). Services include herbicide application assure a target kill rate of 100% within three types of areas at the identified project areas on projects riprap, drainage ditches, flood walls, guardrails, parking lots, utility structures, and other structures.

Herbicide treatment application is essential to ensure they are upheld to the highest Corps standards in support of our mission.

This solicitation will result in Herbicide Application Services issued to a single vendor on a lowest price, technically acceptable basis, as best meets the needs of the Government.

The is a 100% set-aside for small business concerns. All responsible, qualified small businesses may submit an offer which will be considered by the Baltimore District Corps of Engineers. The North American Industry

Classification System (NAICS) code is 115310 size standards of $8Million. Offerors shall be registered at the

System for Award Management (www.sam.gov) to be eligible for award. To register you will need your UEI number. https://www.sam.gov/portal/public/SAM. Instructions for registering are on the website.

The Contractor shall provide all necessary equipment, staff, labor, supervision, materials, equipment, and supplies to complete the Project.

All questions shall be submitted via e-mail to cheryl.k.williams@usace.army.mil no Later than Friday, August

18, 11:00 AM EST.

Section B - Supplies or Services and Prices

Pricing – See the attached Bid Schedule (J-3 Bid Schedule)

Section C – Descriptions and Specifications http://www.acquisition.gov/far http://www.sam.gov/portal/public/SAM

INDIAN ROCK DAM

YORK, PENNSYLVANIA

HERBICIDE APPLICATION

PERFORMANCE WORK STATEMENT

Objective: The Contractor shall provide all labor, supervision, materials, equipment, and supplies to complete the following:

1. Summary: Apply herbicide at the following locations:

A. Indian Rock Dam, located in York County near York, PA.

B. Codorus Creek Stream Improvement Project, located in York County near York, PA.

2. Responsibilities: Contractor’s work and responsibility shall include all planning, selection of herbicides, programming, administration and management necessary to assure that a target kill rate of 100% is achieved in accordance with the contract and all applicable laws, regulations, codes and directives. The Contractor shall perform all related Contractor administrative services necessary to perform the work such as procurement, supplying, quality control, work scheduling, Contractor financial control and maintenance of accurate and complete records and files.

3. TPOC: The Technical Points of Contact (TPOCs) for this call is:

A. Steve Young at Indian Rock Dam, York, PA 17408. 717-792-0312

TECHNICAL SPECIFICATIONS

1. Selection: Herbicides to be used shall be selected by the Contractor based on vegetative growth to be eradicated or prevented, toxicity, environmental concerns and site to be treated. When selecting herbicides, the Contractor shall take into consideration that the treated areas may be used frequently by the public, that there may be fresh water lakes and or/ streams in close proximity and desirable vegetation may exist in very close proximity to the designated spray site. The Contractor shall furnish the Contracting Officer’s Representative (COR) copies of current labels, and Material Safety Data Sheets (MSDS) of any and all herbicides proposed for use. All herbicides must be approved by the COR before being order or purchased by the Contractor. The Government reserves the right to deny any herbicides that may be proposed for use by the Contractor if prohibited by Local, State, or Federal standards.

2. Area Descriptions:

Area A

This includes all areas within 20 feet of bodies of water, standing water, and drainage ditches with flowing water. This is to include rip-rap areas along both sides of the intake channel, upstream and downstream rip-rap embankment of the dam, the rip-rap areas and along the spillway wall upstream of the dam, the rip areas on the south end of the spillway and along the creek bank. Where desirable vegetation is present, spraying limits shall extend no closer than 1 foot from desirable vegetation.

Area B

This includes all areas more than 20 feet from bodies of water and drainage ditches with flowing water, but where there is the possibility of leeching into the bodies of water. Any areas where there may be the presence of root systems of desirable vegetation such as trees, bushes, and shrubs. All areas along the edge of all buildings, concrete structures, walks, driveways, parking lots, guardrails, fences, headwalls, gate posts, utility structures, etc., as directed by the designated government representative.

All gravel roads will be sprayed. Areas will generally be sprayed 8 to 12 inches from all above mentioned objects to eliminate the need of hand trimming of grass and other vegetation growth. Some areas may require wider areas to be treated.

3. Determination of Boundaries: The exact boundaries of application areas will be defined by the Head Dam

Operator. The majority of the spraying at the dam site is on the dam and levees, but there are several other sites which include the spillways, outlet works, rip-rap areas, and roadways. Formulations will be designed separately for both areas using criteria as described in Area Descriptions. All formulation shall include a surfactant, colorant, and anti-drift agent.

4. Application at Indian Rock Dam: This includes around all structures, all rip-rap, drainage ditches, guardrails, fencing at residence, spillway, etc. as directed by designated government representative. Areas will generally be sprayed 8 to 12 inches from all above mentioned objects to eliminate the need for hand trimming of grass and other vegetative growth. Spraying of rip-rap areas shall extend no further than the edge of the rip-rap. A residual herbicide will not be used in areas where there is a possibility of entering into the root system of any desired vegetation such as trees, shrubs, etc.

5. Application at Codorus Creek Levee: Spraying shall begin upstream of the weir at Richland Avenue (Station

273+69) and proceed downstream of York City Sewage Treatment Plant (Station 44+00). The stone and gabion baskets leveed areas in the restricted area of the York City Sewage Treatment Plant will be sprayed. Access will be coordinated with the Treatment Plant and USACE, Tyler’s Run located between Penn Street and

Grantley Street, discharging on the right embankment, shall be sprayed from the confluence of Codorus Creek to the bridge at Kings’ Mill Road. The area between College Avenue and the Railroad Bridge identified on the attached IRD Herbicide Exclusion Zone Location Map shall be excluded from all herbicide application. Herbicides shall be applied to rip-rap areas from the crown down to the water’s edge and around all concrete structures, utility structures, headwalls, and drainage structures on both the right and left banks of the Codorus Creek in York, PA. Prior to the commencement of work, a site survey will be conducted. Areas that are not to be sprayed will be specified by the Head Dam Operator during the pre-work meeting. Under no circumstances will any public use areas be treated with herbicide.

6. Rate of Spray Coverage: The Contractor shall use spot-treatment for all areas, spraying only areas with active vegetative growth. Spray shall not exceed the manufacturer’s recommended amounts per acre. Concentration shall be on the heavy growth areas to ensure a thorough wetting of all vegetation surfaces. All vegetation foliage shall be made on a spray-to-wet basis, obtaining uniform and complete coverage. All work shall conform to the manufacturer’s recommendations. The application shall be a post emergence stage application.

7. Performance Requirements: The Contractor shall provide herbicide spraying services at the project with a target standard kill rate of 100%. The Contractor shall be allowed to deviate from the standard by 10%. The surveillance method used by the government will be 100% inspection performed by the TPOC/COR at the end of each day or the completion of each location. Should the Contractor fail to achieve a kill rate of at least

90%, follow up spraying will be conducted at no additional cost to the government to achieve the desired kill rate. Upon satisfactory completion of the Firm-Fixed-Price contract and notification by the TPOC/COR of inspection and approval, the Contractor shall submit an Invoice(s) for payment. The area of application in acres shown on the invoice shall be consistent with the Daily Quality Control Reports and the volume of herbicide applied shown on the Pesticide Application Records.

SPECIAL CONDITIONS

1. Period of Performance: All herbicides shall be applied on successive workdays (weather permitting) once the work has commenced. At least three days’ notice shall be given the TPOC/COR at each project prior to the commencement of spraying at each location. The Contractor shall not commence spraying operations prior to receiving approval from the TPOC/COR.

A. First spray: The COR will contact the Contractor between April 1st and May 20th when the need for herbicide application arises under the Base Contract. Successive Option Years awarded will utilize the same dates of service. The Contractor shall mobilize within 14 days of being contacted. The start date will be coordinated with the TPOC/COR.

B. Second spray: The COR will contact the Contractor between July 1st and August 31st when the need for a second herbicide application arises under the Base Contract. Successive Option Years awarded will utilize the same dates of service. The Contractor shall mobilize within 14 days of being contacted. The start date will be coordinated with the TPOC/COR. The second spray is estimated to cover less acreage than the first spray.

2. Performance of Work: The Contractor shall perform work only during normal Corps of Engineers duty hours

(7:30 a.m. to 4:00 p.m., Monday through Friday, excluding federal holidays). Exceptions to this condition must be coordinated with and approved in advance by the Operations Manager, Susquehanna River Project.

3. Accident Prevention: In performing this contract the Contractor shall comply with all current Federal, State, and Local safety regulations, including Corps of Engineers Safety and Health Requirement Manual EM 385-

1-1 and shall comply with any subsequent changes. Information regarding acquiring the Corps of Engineers

Safety and Health Requirement Manual EM 385-1-1 may be found on the USACE Headquarters website at http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.aspx

Within 14 days of contract award the Contractor shall furnish the following for approval by the Government:

A. Accident Prevention Plan Section I, Article 01.A.11, EM 385-1-1, dated 15 Sep 08

B. Activity Hazard Analyses Section I, Article 01.A.13, EM 385-1-1, dated 15 Sep 08

4. Accident Reporting: In the event of an accident or injury involving Contractor personnel or equipment in performance of work the Contractor shall immediately notify the TPOC, COR, and Contracting Officer by the most expedient means feasible. The Contractor shall complete forms furnished and/or provide a written description of the incident within 24 hours of notification to do so.

5. Operations and Storage Areas: The Contractor shall confine all operations to areas authorized or approved by the TPOCs. Materials may only be stored on site in the Contractor’s vehicles or equipment. The Contractor shall coordinate with Project Personnel for the location of a designated area for mixing and preparation of herbicides and will provide for a spill containment system constructed of impervious materials or an acceptable alternative, as required. The Contractor is prohibited from using Government property to clean his equipment or to dispose of any waste.

6. Access and General Protection/Security Policy and Procedures: All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative).

The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency

Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by

DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

http://www.usace.army.mil/SafetyandOccupationalHealth/SafetyandHealthRequirementsManual.aspx

7. Government Escort: All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

8. Pre-screen candidates using E-Verify Program: The Contractor must pre-screen Candidates using the E-verify

Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements.

The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

9. Housekeeping: The Contractor shall keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work site and premises, any rubbish, tools, equipment, and materials that are not property of the Government. Upon completing the work the Contractor shall restore the work area to the original condition, to be approved by the TPOC.

10. Environmental Protection: The Contractor is required to comply with all Federal, State, and Local environmental regulations. The Contractor shall exercise care and safety in the performance of the contract and shall take necessary precautions to avoid contamination of the water, damage to private property and injury to employees and the public. The Contractor shall be liable for any and all damage to the Environment and/or public or private property, caused by equipment or chemicals. No separate payment will be made for environmental protection measures. All environmental protection matters shall be coordinated with the TPOC.

The Contractor shall notify project personnel of any herbicide spills immediately and take appropriate action.

Information on decontamination of emergency and non-emergency type spills may be obtained by contacting

CHEMTREC toll free at 1-800-424-9300. The Contractor shall be responsible for any on or off-site damage occurring from spray operations such as over-spray, leaching, drift, etc. The contractor shall meet the

BioPreferred Program requirements set forth by USDA. The list of USDA designated product categories can be found at http://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategories.xhtml

11. Permits and Licenses: The Contractor shall be properly certified by the Commonwealth of Pennsylvania as a licensed applicator of herbicides within the State or Commonwealth, and must adhere to all rules and regulations relating to herbicide application. A copy of appropriate certifications shall be furnished to the TPOC prior to commencement of work. The Contractor shall, at his/her own expense, obtain any licenses or permits required to perform the contract. The Contractor shall comply with all current Federal, State and Local laws and regulations and shall comply with any subsequent changes.

12. Records and Reports: In addition to the administrative requirements dictated elsewhere, the Contractor shall complete a Daily Quality Control Report form to maintain record of contract performance, accident/injury incidence, and observance of project deficiencies. Forms will be distributed at pre-work conference. The

Contractor must provide his/her own appropriate form (Pesticide Application Record) to maintain herbicide application records. This form shall be completed and furnished to the Government Representative upon completion of each site or day. The Pesticide Application Record shall have the following information:

A. Name of applicator and Certification ID number

B. Herbicide name and EPA Reg. number

C. EPA Registration number

D. Weather conditions

E. Amount of herbicide used, date and time applied

F. Amount of acreage covered

G. Locations applied

13. Minimum Man-power Requirements: The Contractor shall provide an adequate number of fully qualified personnel to perform the work specified herein. The areas to be sprayed are dam embankments and areas that are not easily accessible. It is suggested but not required that a minimum of three persons are needed to apply the herbicides.

14. Superintendent: The Contractor shall act as or provide a superintendent who acts as a quality control manager whenever the work specified herein is being performed. The superintendent shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under this contract. The superintendent and any individual designated to act for him/her shall have full authority to contractually commit the Contractor for prompt action on matters pertaining to the administration of the entire project. Such authorization shall be submitted in writing to the COR and contracting officer. The superintendent shall deal directly with the TPOC for normal day-to-day administration of the contract provisions. The superintendent shall attend pre-work conference(s) prior to commencing work.

15. Project Operation: The locations of work are flood control projects and the Contractor’s access to the work areas and the execution of the requirements specified herein shall not interfere with the daily operations of the government operations. The sites of work are subject to periodic flooding. The Contractor shall consider the potential for high water levels in the scheduling of work. A specific program shall be established by the

Contractor to evacuate personnel, equipment, and materials as necessary in the event of high water. It is the responsibility of the Contractor to coordinate all work with the Head Dam Operator/COR.

Section F – Deliveries of Performance

The Period of Performance will be one year from the Date of Award, with 4 optional years

Section G – Contract Administrative Data

Billing Instructions:

INVOICES AND PAYMENT

1. Invoices: The Contractor shall submit itemized invoices no later than 15 days from the completion of the work.

The invoice shall accurately reflect work completed. Each invoice at a minimum shall contain the following information:

• Contractor name and address, exactly as it appears on the contract

• Contract number

• Date of invoice submission

• Invoice or Call Order number

• Invoice total

2. Corrections: Incorrect invoices will be returned to the Contractor for correction before processing payment.

Corrected invoices shall be re-dated to reflect the new submission date.

3. Remittance: Invoices shall be submitted via post-mail and/or electronic mail to the following addresses for payment. Should changes occur to the mailing addresses, the Contractor shall be notified of the correct recipient.

VIA Post Mail: U.S. Army Corps of Engineers

Susquehanna River Project

ATTN: Jeff Meadows

5960 Susquehanna Trail, Suite 1

Turbotville, PA 17772

VIA Electronic Mail: Jeffrey.L.Meadows@usace.army.mil

Contracting Officer Statement

Only a warranted Contracting Officer (either a Contracting Officer or an Administrative Contracting Officer

(ACO)), acting within their appointed limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed with the change and shall immediately notify the

Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor’s own risk.

Section H – Special Contract Requirements

ANTITERRORISM/OPERATIONS SECURITIES-OPSEC

A. Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office.

Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection

Condition

(FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes

B. Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

C. Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify

Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements.

The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible

Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility

Verification, with the designated Government representative. This Form will be provided to the Contracting

Officer and shall become part of the official contract file.

mailto:Jeffrey.L.Meadows@usace.army.mil

Section I - Contract 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

52.212-4 Contract Terms and Conditions--Commercial Products and DEC 2021

Commercial Services

52.222-55 Minimum Wages for Contractor Workers Under Executive JAN 2022

Order 14026

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business DEC 2021

Subcontractors

252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011

Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7012 Safeguarding Covered Defense Information and Cyber DEC 2019

Incident Reporting

252.204-7015 Notice of Authorized Disclosure of Information for Litigation MAY 2016

Support

252.204-7018 Prohibition on the Acquisition of Covered Defense JAN 2021

Telecommunications Equipment or Services

252.204-7022 Expediting Contract Closeout MAY 2021

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.226-7002 Represenation for Demonstration Project for Contractors DEC 2019

Employing Persons with Disabilities

252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018

Reports

252.232-7010 Levies on Contract Payments DEC 2006

252.232-7017 Accelerating Payments to Small Business Subcontractors-- APR 2020

Prohibition on Fees and Consideration

252.244-7000 Subcontracts for Commercial Items JAN 2021

252.246-7003 Notification of Potential Safety Issues JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

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:

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)).

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).

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).

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

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

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)).

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.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021)

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

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

X (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.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

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

(5) [Reserved]

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

C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

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

X (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. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41

U.S.C. 2313).

(10) [Reserved]

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved]

X (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.

X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (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.

X (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 (SEP 2021) (15 U.S.C. 657s).

(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 (SEP 2021) (15

U.S.C. 657f).

X (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

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

Owned Small Business Concerns (SEP 2021) (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 (SEP 2021) (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. 657s).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

X (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.

X (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).

X (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. chapter 78 and E.O. 13627).

(36) 52.222-54, Employment Eligibility Verification (NOV 2021). (E. O. 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).

(ii) Alternate I (JUN 2014) of 52.223-14.

X (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.

X (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. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

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

(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (41 U.S.C. chapter

83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-

77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (JAN 2021) of 52.225-3.

(iii) Alternate II (JAN 2021) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

(50) 52.225-5, Trade Agreements (OCT 2019) 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. 2302 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. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

(58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31

U.S.C. 3332).

(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.

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).

(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).

(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

(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).

Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph 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.

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.

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.

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.

(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—

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

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)).

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).

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).

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.

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

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

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

52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

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.

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

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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.)

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)

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

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

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

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

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

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).

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.

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.

(End of clause)

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 60 days.

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 5 years.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

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 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

Laborer, Grounds Maintenance - $18.86

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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.

The use in this solicitation or contract of any DFARS (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section J - List of Documents, Exhibits and Other Attachments

Attachments

J-1 Wage Determination Decision No.

15-4145 (18) 3/15/22 - Broom Co NY

15-4181 (rev 22) 4/22/22 - Steuben Co, NY

15-4175 (20) 4/22/22 - Delaware Co, NY

15-4257 (20) 4/27/22 - Susquehanna

Co, PA 15-4239 (18) 3/15/22 -

Lackawanna Co, PA

J-2 Ird herbicide attachment map

J-3 Bid Schedule

J-4 Past Performance Questionnaire

Section K - Representations, Certifications and Other Statements of Offerors

52.203-11 Certification And Disclosure Regarding Payments To SEP

Influence Certain Federal Transactions 52.204-16 Commercial and Government Entity Code Reporting AUG

52.219-31 Notice of Small Business Reserve MAR

52.222-22 Previous Contracts And Compliance Reports FEB

52.222-25 Affirmative Action Compliance APR

252.203-7005 Representation Relating to Compensation of Former

DoD

NOV

Officials 252.204-7008 Compliance With Safeguarding Covered Defense

Information

OCT

Controls 252.204-7016 Covered Defense Telecommunications Equipment or

Services

DEC

-- Representation 252.204-7017 Prohibition on the Acquisition of Covered Defense MAY

Telecommunications Equipment or Services --

Representation

52.204-20 Predecessor of Offeror (AUG 2020)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the

Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United

States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE

(NCAGE) code.

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

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark “Unknown”).

Predecessor legal name: .

(Do not use a “doing business as name).

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at

52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25,…