PO_127EAT22P0068.pdf
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- Upper San Diego River CSS Restoration Federal contract opportunity
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- 127EAT22P0068
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INVOICE PROCESSING PLATFORM IPP
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ALL INVOICES MUST BE SUBMITTED
INVOICE PROCESSING PLATFORM IPP
619.398.9333
1100175938#
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
91S8
VALLEJO CA 94592-1110
1323 CLUB DR
PACIFIC SOUTHWEST REGION
USDA FOREST SERVICE
9AA9 CODE 16. ADMINISTERED BYCODE
X
X
562910
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED OR91S8
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
PS
06/08/2022
707-562-9205TIFFANY HURT
127EAT22P0068
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
127EAT22Q0048
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 22 1064759OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
SAN DIEGO CA 92108-5726
3111 CAMINO DEL RIO N STE 600
ATTN ROBERT HOBBS
RECON ENVIRONMENTALINC
17a. CONTRACTOR/
RAMONA CA 92065
1634 BLACK CANYON ROAD
GOOSE VALLEY STATION
USDA FOREST SERVICE
15. DELIVER TO
VALLEJO CA 94592-1110
1323 CLUB DR
PACIFIC SOUTHWEST REGION
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
USDA FOREST SERVICE
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Delivery: 05/31/2025 Accounting Info:
FMMI Account: FS00.0502CWFSQ622 BOC: 2500 Period of Performance: 08/31/2022 to 05/31/2025
0001 New services contract for Seed collection, 185,974.50 application, weed control & monitoring for 13 acres CSS restoration Product/Service Code: F018 Product/Service Description: NATURAL Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
$185,974.50
HEREIN, IS ACCEPTED AS TO ITEMS:
X
DATED
TIFFANY P. HURT 08/31/2022
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
See schedule
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
RESOURCES/CONSERVATION- OTHER FOREST/RANGE
IMPROVEMENTS (NON-CONSTRUCTION)
The total amount of award: $185,974.50. The obligation for this award is shown in box 26.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
22 2 of
USDA Forest Service, Pacific Southwest Region FY22 Upper San Diego Sage Scrub Restoration
Solicitation Number 127EAT22P0068
FY22 UPPER SAN DIEGO SAGE SCRUB RESTORATION
Schedule of Items/Price Schedule
Item Supplies/Services Qty Unit of Issue
Unit Price Total Price
0001 Year 1 seed collection, processing and application
100 Pounds $450.00 $45,000.00
0002 Year 1 brushing 0.5 Acres $6,756.00 $3,378.00 0003 Year 1 site prep and dehatching 13 Acres $929.23 $12,079.99 0004 Year 1 monitoring and data collection (One/1 Report-Data)
10 Hours $162.00 $1,620.00
0005 Year 2 weed control/removal and site dehatching
13 Acres $2,781.65 $36,141.45
0006 Year 2 monitoring and data collection (One/1 Report-Data)
10 Hours $166.52 $1,665.20
0007 Year 2 seed collection, processing and application
40 Pounds $475.00 $19,000.00
0008 Year 3 seed collection, processing and application
40 Pounds $550.00 $22,000.00
0009 Year 3 weed control/removal and site maintenance
13 Acres $2,821.52 $36,679.76
0010 Year 3 monitoring and data collection (One/1 Report-Data)
10 Hours $171.17 $1,711.70
0011 Final report (One/1 Report-Data) 40 Hours $166.96 $6,678.40 Total $ $185,974.50
Description of Requirement
The entire San Diego River Gorge project area is approximately 13 acres of a mix of disturbed Diegan coastal sage scrub, grassland, and chaparral vegetation communities (Fig. 1). The native plant community in this area is Diegan coastal sage scrub, with transitional chaparral and/or native grassland areas in openings between shrubs and along the trail. The project area has rolling hills and some steep slopes that have some erosion damage (small gullies). The surface is native soils with some degree of compaction due to ongoing use. This project encompasses native plant revegetation and enhancement of disturbed Diegan coastal sage scrub.
The Contractor shall assist the Cleveland National Forest in ecological restoration of the San Diego River Gorge Trail Corridor and restoration areas (Figs 1 & 2). The Contractor will be expected to:
1. Collect and clean seed of the designated species in the specified amounts.
2. Store the seed in a cool, dry location until the site is ready for seed application.
Solicitation Number 127EAT22P0068
3. Apply seed in the manner and at the time specified by the Forest Service (as described in section C-2.4 Seed Application) restoration areas (Figs 1 & 2). Depending on seeding success, an extra year of seed application may be requested.
4. Remove non-native weeds specified by the Forest Service to promote establishment of native plant species within the restoration areas. Weed control will also be conducted in year 2 to improve native cover and active seedling establishment (Table 1).
5. Monitor project sites during and after project implementation.
6. Achieve success criteria as specified by the Forest Service (see section C-3 Deliverables).
7. Work and consult with Forest Botanist and/or Forest Biologist may advise on technical questions, if needed and/or requested.
8. Work and consult with Forest Botanist and/or Forest Biologist may advise on technical questions, if needed and/or requested.
Location
1. Project areas are within hiking distance and are hike in only.
2. Vehicles may park at the San Diego River Trailhead parking area
Contract Time
General Timeline of Restoration Activities
Table 1. Estimated timeline of restoration activities for each site. Timeline is subject to change.
Restoration Activity Date Thatch removal and general site preparation Late Summer 2022 Seed collection and application Late Summer- Winter 2022 Year 1 Monitoring Spring 2023 Weed control/removal and Site maintenance Spring- Summer 2023 Seed collection Summer 2023- Winter 2023 Seed application Fall 2023- Spring 2024 Year 2 Monitoring Spring 2024 Weed control/removal and Site maintenance Spring 2024-Summer 2024 Seed collection Summer 2024- Winter 2024 Seed application Fall 2024- Spring 2025 Year 3 Monitoring Spring 2025
C-2.2 Success Criteria
Table 2. Success criteria to be met for project.
Year Success Criteria
(2022)
1. Collect native seeds.
2. Apply native seed mix to restoration sites
Solicitation Number 127EAT22P0068
3. Monitor restoration sites.
(2023)
1. No more than 40% absolute cover of weeds shall remain in and around restoration areas.
2. Collect native seeds, and apply native seed mix to restoration sites, as needed.
3. Monitor restoration sites.
4. Achieve at least 10-15% native cover within the project area.
(2024)
1. No more than 30% absolute cover of weeds shall remain in and around restoration areas.
2. Collect native seeds, and apply native seed mix to restoration sites, as needed.
3. Monitor restoration sites.
4. Achieve at least 10-15% native cover within the project area.
C-2.3 Seed Collection
The seed application rate may vary depending on available seed source per species, and up to 180 pounds of seed in total over course of the project (not total per species) may be collected from plants that are not rare, Forest Service sensitive, and/or federal/state listed species (see Section B Price Schedule). The general specifications are as follows, exact quantities of each species may be revised upon further site analysis. Collection sites must be within local watersheds and appropriate seed zone (Fig. 3).
Table 3. Recommended proportion of seed rates for Year 2 across project area. Years 1 and 3 may use similar proportions. Species and application can be adjusted pending seed availability and natural regeneration in project areas; listed values are the recommended species and recommended amounts of seed that may be collected and applied. Seed list for collection may be flexible and adjusted after discussion with appropriate Forest staff.
Habitat Type Species Common Name Recommended Application rate (lbs) diegan coastal sage scrub Xylococcus bicolor mission manzanita 10 diegan coastal sage scrub Salvia clevelandii Cleveland sage 10 diegan coastal sage scrub Yucca schidigera mojave yucca 10 diegan coastal sage scrub Gutierrezia californica matchweed 5 diegan coastal sage scrub Eriogonum fasciculatum California buckwheat 10 diegan coastal sage scrub Acmispon glaber deerweed 10 diegan coastal sage scrub Artemisia californica California sagebrush 8
Solicitation Number 127EAT22P0068 diegan coastal sage scrub Ericameria sp. goldenbush 8 diegan coastal sage scrub Salvia apiana white sage 8 diegan coastal sage scrub Pseudogaphalium sp. everlasting 1 diegan coastal sage scrub Trichostemma sp. woolly blue curls 1 diegan coastal sage scrub Salvia columbariae chia 2 diegan coastal sage scrub Helianthus gracilentus slender sunflower 2 diegan coastal sage scrub Corethrogyne filaginifolia sand aster 5 diegan coastal sage scrub Phacelia sp. phacelia species 2 diegan coastal sage scrub Amsinckia sp. fiddleneck 2 diegan coastal sage scrub Deinandra sp. tarplant 2
C-2.4 Site Preparation.
Table 4. Restoration activities prescription per area. CSS stands for coastal sage scrub.
Id Name Area_acres Action 1 Chaparral 1 0.18 light brushing 2 Chaparral 2 0.201 light brushing 3 CSS 1 0.796 treat weeds, dethatch, seed 4 CSS 2 0.093 treat weeds, dethatch, seed 5 CSS 3 0.395 treat weeds, dethatch, seed 6 CSS 4 2.445 treat weeds, dethatch, seed 7 CSS 5 2.706 treat weeds, dethatch, seed 8 CSS 6 2.729 treat weeds, dethatch, seed 9 CSS 8 2.281 treat weeds, dethatch, seed
10 CSS 8 0.907 treat weeds, dethatch, seed 11 CSS 9 0.116 treat weeds, dethatch, seed
C- 2.5 Brushing
Cover exposed areas with cut vegetation from nearby shrubs. Cut vegetation may consist of 1 to 2 branches cut from individual shrubs surrounding bare, exposed areas along Chaparral 1 and Chaparral 2 areas (Fig. 1). The radius of shrub branches may be no greater than 1 inch.
Approximately 50-60% of the ground should be covered by scattered branches.
Solicitation Number 127EAT22P0068
C-2.6 Seed Application
The seed application rate will follow rates detailed above in Table 3. Hand seeding areas and raking seed into soils is the preferred seed application method, to ensure seeds are secured in the ground. Soils may require light raking to expose bare mineral soil. Collected native plant seeds will be applied to grooves in raked soil to enhance germination. Timing for seed application:
October-March, during years 1, 2, and 3. Seed shall be applied to appropriate project areas (Fig.
1). Supplemental seed collection and application at lower/adjusted application rates may be needed if native cover goals are not met.
C-2.7 Site Maintenance – Non-Native Weed Control
Non-native plant control will be necessary to achieve success criteria. Non-native plant control can be conducted manually, including hand pulling or weed whacking/mowing of annual grasses to prevent seeding, or using herbicides. Non-native plant control treatments with herbicides may occur, but active ingredients used will be limited to fluazifop-p-butyl, glyphosate, triclopyr and aminopyralid. Treatments shall be conducted across the restoration site to reduce and/or eliminate competition to native seedlings from exotic annual grasses and forbs. Herbicides will be mixed with appropriate surfactants or spreaders (methylated seed oils or similar with approval). Data containing to type of herbicide, amount, and area/species treated for each day of any herbicide use (including tank mixtures and volume/rate of herbicide applications) shall be provided to the National Forest.
Exact formulations of herbicide to be used and methods of application will be detailed in a Pesticide Use Proposal (Forest Service form FS-2100-0002) approved by the District Ranger and the Forest Pesticide Use Coordinator prior to use.
Herbicides would be applied using backpack sprayers or paintbrush only. No spray activities would be allowed if wind velocity were to exceed five miles per hour. No herbicide treatments would be allowed when rain is occurring or likely to take place within 24 hours. Herbicide can not be sprayed directly adjacent to surface waters without mitigations in place to prevent direct introduction of chemical to water.
Herbicides would not be applied directly to surface waters. Treatments would be timed to minimize the potential for introduction of herbicide to surface waters. When a target species occurs adjacent to surface waters care will be taken to prevent herbicide drift to surface waters, including trimming and folding of plants away from waters.
To reduce the potential for spills, impervious material, such as a bucket, will be placed beneath mixing areas in such a manner as to contain any spills associated with mixing/refilling.
The contractor will supply all herbicide mixtures and spraying equipment.
The contractor must report to the Forest Service the total amount of herbicide applied and chemical formulation and location applied detailed for each day.
The contractor must hold an appropriate California Department of Pesticide Regulation
Qualified Applicator Certificate or License, and must be registered with the San Diego
Solicitation Number 127EAT22P0068
County Department of Agriculture. The Contractor is responsible for following all applicable Federal, State and County regulations involving pesticide use.
The contractor may choose to use non-chemical control methods for non-natives, including hand pulling or weed whipping to prevent seed formation. If seeds have formed, plants shall be removed, bagged, and disposed of off forest. The contractor may also choose to rake and dethatch areas to promote native recovery. Biomass removed will be piled on site to decompose.
Table 5. Target non-native weeds for removal.
Species Common name Observed/Predicted (O/P) Avena sp. wild oats O Bromus diandrus ripgut brome P Bromus hordeacous soft chess P Bromus tectorum cheatgrass O Carduus pycnocephalus Italian thistle P Centaurea melitensis tocolote O Hirschfeldia incana shortpod mustard O Sisymbrium sp. tumble mustard species P
C-2.8 Monitoring: Recording and Reporting of Data
1. Contractor shall record collection sites and quantities of seed collected per site.
2. Contractor shall record weeds removed: methodology and amount treated.
3. Contractor shall monitor revegetated sites and report the approximate percent cover/s of native and non-native vegetation.
a. Visual assessments may include estimating and reporting percent cover of native and non-native vegetation using datasheets (see datasheet, Attachment 1).
b. Photopoints and pictures taken of the project sites may also be submitted to support estimated native vegetation values.
c. Project methodology and assessments may be submitted to the Forest Botanist and/or Biologist in the form of a final at the end of the project (see C-3 Deliverables).
C-2.9 Compliance With Technical Specifications and Accuracy of Data
With or without advance notice, the COR and/or his/her representative and/or forest botanist may accompany the Contractor during field work to ensure that Contractor’s obligations are being met.
C-2.10 Changes to Contract
Solicitation Number 127EAT22P0068
The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes to this contract including, but not limited to, the following:
1. Description of services to be performed.
2. Time of performance (e.g., hours of the day, days of the month, etc.)
3. Place of performance of the services.
C-3 DELIVERABLES
The Contractor shall deliver to the COR(s) the following:
1. Inventory of seed collection, showing locations and dates where seed was collected, and collection quantities by species.
2. Seed shall be planted in accordance with schedule to be developed by the Forest Service (see C-2.1 General Timeline of Restoration Activities).
3. Treatment data of weed control/removal (see C-2.5 Site Maintenance – Non-Native Weed Control).
4. The Contractor shall meet the following success criteria (also see C-2.2 Success Criteria):
a. Achieve and maintain at least 30% relative cover of native vegetation in all restoration areas by the end of the project, in Year 3.
b. Achieve and maintain less than 15% relative cover of targeted invasive weeds by the end of the project, in Year 3.
5. An abridged final report shall be outlined as follows: introduction/project background, methods, results (including any pictures, figures, and/or tables), final conclusions/discussions, and appendices (disclosed copies of all monitoring datasheets used during the project). Report shall be no longer than 20 pages, including pictures, figures, and tables (does not include datasheets).
Solicitation Number 127EAT22P0068
Solicitation Number 127EAT22P0068
Fig. 1. Map of proposed restoration sites.
Solicitation Number 127EAT22P0068
Fig. 2 Project Locator Map. The project sites are located in the yellow square.
Solicitation Number 127EAT22P0068
Solicitation Number 127EAT22P0068
Fig. 3 Seed Collection Map. All collected materials should come from the appropriate seed zone and watershed.
Solicitation Number 127EAT22P0068
Attachment 1. Suggested Restoration Monitoring Form
Cleveland National Forest Restoration Monitoring Form Project Name Project Site/GPS Location Date Observer/s Picture # Picture description
% native cover Dominant native species
% non-native cover Dominant non-native species
Notes
Recommendations
Cleveland National Forest Restoration Monitoring Form
Project Name Project Site/GPS Location Date Observer/s Picture # Picture description
% native cover Dominant native species
% non-native cover
Solicitation Number 127EAT22P0068
Dominant non-native species
Notes
Recommendations
Prior to commencement of work, a Pre-work Meeting will be held to discuss the Government's and Contractor's rights and obligations under the Contract. Those in attendance shall include the Contractor, Contracting Officer, Contracting Officer's Representatives (CORs), and other Forest Service personnel who may be involved in the administration of the Contract. Nothing said during the Meeting shall be construed to change the rights and/or obligations under the Contract.
Rather, any such change shall require a written order from the Contracting Officer.
Immediately following the meeting (preferably on the same day) a Field Orientation will be conducted for the Contractor. It shall consist of site visits to the project area and suitable collection sites and is for the purpose of familiarizing the Contractor with these sites. The Contractor may include in the Field Orientation his/her support staff, if any (i.e., staff involved in the design and/or implementation of the surveys).
GOVERNMENT FURNISHED PROPERTY
Government-furnished property shall consist only of the following:
1. Maps of project area and suitable collection sites.
2. Administrative passes for the purpose of entering and parking on National Forest lands while conducting surveys and related activities.
3. Damaging existing infrastructure and/or trees and vegetation not slated for demolition and/or restoration will require fine payment.
SECTION C - CONTRACT CLAUSES
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):
Solicitation Number 127EAT22P0068
Federal Acquisition Regulation (FAR) Clauses:
https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:
https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:
https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm
52.204-13 System for Award Management Maintenance (OCT 2018)
52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)
52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)
(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
“Safeguarding” means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm http://uscode.house.gov/
Solicitation Number 127EAT22P0068
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access;
and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services
(NOV 2021)
Addenda to 52.212-4:
Replace paragraph (r) of clause 52.212-4 with the following as specified in
DEVIATION 2017-1 (AUG 2017):
Solicitation Number 127EAT22P0068
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (JAN 2022) (DEVIATION JUL 2020)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.
115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 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:
☒ (5) [Reserved].
☒ (10) [Reserved].
☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)
(DEVIATION JUL 2020) (E.O.13126).
☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
☐ (ii) Alternate I (Feb 1999) of 52.222-26.
☒ (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.
Solicitation Number 127EAT22P0068
☒ (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).
☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
☒ (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) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).
☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).
☒ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).
☒ (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
☒ (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).
☒ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
Solicitation Number 127EAT22P0068
☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)
52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) (DEVIATION APR 2020) (31 USC 3903 and 10 USC 2307)
52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)
52.252-6 Authorized Deviations in Clauses (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.
(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR __4___) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
452.204-70 Modification for Contract Closeout (OCT 2021)
Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:
(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
Period of Performance
Start: August 2022 through May 31, 2025 Time: 1,034 (one-thousand and thirty-four) calendar days
Solicitation Number 127EAT22P0068
SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
Attachment Title Pages 1 SCA 2015-5635 Rev 19 dated 15 March 2022 11
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 30.
52.252-5 Authorized Deviations in Provisions (NOV2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
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