RFQ 1240LN24Q0058 Proper Functioning Conditions Surveys.pdf

Solicitation Number: 1240LN24Q0058

1240LN24Q0058

Proper Functioning Condition

McKenzie District, Dakota Prairie National Grasslands, ND Solicitation Issue Date July 22, 2024

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

Method of solicitation: Request for Quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2024-04.

Set Aside: 100% small business set-aside. The NAICS code is 541360 Geophysical Surveying and Mapping Services ($28.5M)

General Information: The intent of this solicitation is to obtain quotes for surveys on intermittent and perennial streams on USFS property in summer and autumn 2024. See below for complete project description.

Provide quote by: 3:00 PM, Mountain Standard Time on July 30, 2024.

Offerors must have an active entity registration in the System for Award Management by the closing date & time of the quote request in order to submit an offer. https://www.sam.gov/SAM/.

Questions: Deadline for questions is July 29, 2024 at 1:00 PM, Mountain Time. For solicitation questions email Shawn Harwood at shawn.harwood@usda.gov.

DOCUMENTS TO RETURN:

The following documents along with all areas highlighted in yellow shall be submitted by the offeror for evaluation to be considered responsive:

Schedule of Items (next page) Experience Questionnaire (attached) or a document demonstrating recent and relevant experience in respect to the size and scope of this particular project.

Pages 2, 31 & 33 Acknowledge Amendments if applicable (per the instructions in Block 11 on the SF-30).

E-Mail quote to: Forest Service, Attn: Shawn Harwood E-mail: shawn.harwood@usda.gov

Schedule of Items

Project Description: Proper Functioning Condition Survey — McKenzie District

Vendor Name: __________________________________Vendor UEI:___________________

ITEM DESCRIPTION

MEASUREMENT

QTY

UNIT TOTAL

METHOD* UNIT** PRICE PRICE

Work Plan LSQ LS 1

002 PFC Field Survey work McKenzie S1/2

AQ Miles 221

Final Report/GIS Deliverable

LSQ LS 1

TOTAL PRICE:

Schedule Notes:

a) One award will be made from this solicitation, contractors must submit pricing for all items.

SPECIFICATIONS:

Proper Functioning Condition Survey —McKenzie District, Dakota Prairie National Grasslands

Statement of Work The contractor will conduct “Proper Functioning Condition” (PFC) surveys on intermittent and perennial streams on USFS property in summer and autumn 2024. The project area is defined as National Forest Systems lands designated as the McKenzie District of the Dakota Prairie National Grasslands in McKenzie county, North Dakota.

Field work is to begin approximately August 8, 2024 and finish by October 31, 2024. A final report will be written as requested in Report Requirements. The final report and other deliverables are due by January 31, 2025.

Locations PFC surveys will be conducted on up to 221 linear miles of intermittent and perennial streams (see map of streams to be surveyed). Stream reaches are located in the southwest part of the McKenzie Ranger District.

Government-Furnished Property and Services The Government will supply a paper copy of the Visitors Map and a set of topographic maps. The Government has designated the streams to be surveyed and will provide a shapefile. The government will also provide a shapefile of allotments and data from the previous survey. The Government will authorize a permit of off-road use. The contractor shall provide the necessary personnel, equipment (including vehicles), materials, services, refences, forms, and facilities to perform the Statement of Work.

Contractor Qualifications The offeror shall submit with their offer a statement of their professional qualifications and the qualifications of any other person(s) employed to accomplish the Statement of Work. The offeror’s statement should include information concerning appropriate academic degrees and training and experience in PFC condition surveys.

The following criteria may be used for contractor selection.

B.S., M.S., or PhD. In geology, soil science, hydrology, zoology, biology, range science or related field experience.

One of more field seasons of experience in conducting PFC inventory.

One or more field seasons experience as principal investigator on a PFC inventory project.

Prior Experience/Past Performance: Quality of work: evaluated by compliance with contract requirements, accuracy of reports, and customer satisfaction.

Timeliness of Performance: evaluated by success of meeting project timelines, responsiveness to technical direction, timely provision of deliverables, adherence to contract schedules.

Cost Control: evaluated by ability to perform within budget, accurate and timely billing.

Evaluation Criteria All bidders on the contract must submit a bid package containing:

a description of their academic qualifications and relevant field experience, a detailed proposal of how bidder would accomplish the survey, the name, education, and specialties of all interdisciplinary team members that would conduct field work, a listing of the dates that the bidder would do field work, and the cost to compete the project.

The Government may reject any or all quotes, issue orders to other than the lowest quote, and waive minor informalities or irregularities in quotes received. If necessary, the Government may conduct discussion with any or all quoters. The successful bidder will be selected based on analysis of bid package. Contractors will be evaluated against the following criteria. The price offered is of equal importance to the evaluation factors listed below.

1. Past Performance: provide references and phone numbers for your last three jobs similar to the work called for in this solicitation.

2. Experience: Provide information showing the experience of your company all types of work).

3. Key Personnel: Provide the names and qualifications of key individuals you will use on this project.

Investigative Purpose This survey’s purpose is to monitor changes in riparian conditions on intermittent and perennial streams on the Medora Ranger District, as described in the Locations section above. These data will be used to help direct livestock management, prescribed burning, and watershed-habitat enhancement projects in future years.

Projected Productivity A ten-person crew of contractors preformed similar work in 2012 on the Medora Ranger District, covering 398 linear miles, in 23 field days. Additional time was needed for planning, training, travelling, and report writing.

A nine-person crew of contractors performed similar work in 2016 on the Grand River Ranger District, covering 173 miles, in 25 days. Additional time was needed for planning, training, travelling, and report writing.

These facts are supplied solely as an informational aid to potential contractors.

Field Surveys The field season for the PFC surveys is defined as the period from August 1 through October 31. The USDA Forest Service does not control access to private lands, and no right of access to privets lands is hereby given, nor should a right to access private lands be inferred.

Survey Requirements:

Surveys will be conducted by a team (of at least two people) walking the entire length of selected riparian areas. Team members will be journey-level resource specialists with expertise in biology, botany, hydrology, and soils.

Contractor will specify each stream segment using Proper Functioning Condition (PFC) protocol (See TR 1737-15 2015 Riparian Area Management Proper Functioning Condition Assessment for Lotic Areas). This source may be accessed online: https://www.blm.gov/documents/national-office/blm-library/technical-reference/riparian-area-management.

PFC survey reaches will be recorded in an ArcGIS compatible shapefile, with attributes noting the survey date, ID Team members, Riparian Area ID, Reach ID, PFC Rating, Reach Length, and starting and end point of each stream segment.

Contractor will record all cold-water seeps, ground water discharges or spring, and stream segment start and stop points, using GPS technology and provide these in an ArcGIS compatible shapefile noting the date, Riparian Area ID, Reach ID, and Feature Description.

Contractor will record all photo points using GPS technology and provide these in an ArcGIS compatible shapefile, with attributes noting photo date, photo ID, Riparian Area ID, Reach ID, and Upstream or Downstream direction. The contractor will classify each selected stream for the following variables, if variables vary substantially by stream reach within a given system, the contractor will note and discuss such variability:

o instream cover: the relative quantity and variety of natural instream structures, such as fallen trees, logs, branches, large rocks, and undercut banks that are available for refugia, feeding, or spawning of fish. (Note: the most common instream cover in the study area is likely to be undercut banks). Classifications will include:

“optimal”—such habitat is available along more than 50% of the stream’s length “sub-optimal”—such habitat is available along 31-50% of the stream’s length “marginal”—such habitat is available along 11-30% of the stream’s length “poor”—such habitat is available along less than 11% of the stream’s length o embeddedness: the extent to which rocks, and gravel (gravel, cobbles, boulders) are covered or sunken into the silt, sand, or mud of the stream bottom (Note: many of the selected streams in the study area will not have gravel, cobble, or boulder bottoms. This variable would only be relevant where such substrate is present.). Classifications will include:

“optimal”—gravel, cobble, and boulder particles are between 0-25% surrounded by fine sediment

“sub-optimal”—gravel, cobble, and boulder particles are between 26-50% surrounded by fine sediment

“marginal”—gravel, cobble, and boulder particles are between 51-75% surrounded by fine sediment

“poor”—gravel, cobble, and boulder particles are more than 75% surrounded by fine sediment o stream bank conditions—the extend to which erosion is occurring or has the potential to occur.

Steep banks are more likely to collapse and suffer from erosion and therefore are considered unstable. Signs of erosion include crumbling, unvegetated banks, exposed tree roots, cattle trails, and exposed soils. Classifications will include:

“optimal”—banks stable, no evidence of erosion or bank failure “sub-optimal”—banks moderately stable, infrequent small areas of erosion mostly healed over “marginal”—moderately unstable, up to 50% of banks have areas of erosion “poor”—unstable, many eroded areas, “raw” areas frequent, 51-100% of the bank has erosional scars o bank vegetative conditions: the amount of stream bank that is covered by vegetation.

Classification will include:

“optimal”—more than 90% of the stream bank is covered in vegetation “sub-optimal”—71-90% of the stream bank is covered in vegetation “marginal”—51-70% of the stream bank is covered in vegetation “poor”—less than 50% of the stream bank is covered in vegetation o extent of grazing pressure: the extent of grazing impacts and its effects o streamside vegetation and instream pools. Classifications will include:

“optimal”—disruption from cattle grazing is minimal or not evident, almost all plants are allowed to grow naturally, little evidence of manure accumulation, little trampling near instream pools

“sub-optimal”— disruption from cattle grazing is evident but is not affecting plant species composition and had only moderate impacts on stubble height, only scattered manure present, instream pools are being used by cattle but are not significantly impacted

“marginal”—disruption from cattle grazing is obvious, patches of bare soil or closely cropped vegetation areas common, only 50-25% of the potential stubble height is remaining, grazing is affecting plant species composition, manure accumulation is common, cattle are using instream pools and having significant impacts on pool vegetation and water quality

“poor”—disruption from grazing of stream banks vegetation is very high, patches of base soil or closely cropped vegetation are common, less than 25% of the potential stubble height is remaining, grazing of affecting plant species composition, manure accumulation is very high, cattle are using instream pools and having severe impacts on pool vegetation and water quality o stream class: stream reaches typed will be identified based on flow regime, geomorphology, vegetation and professional opinion. Classifications will include:

“ephemeral”—has flowing water only during, and for a short duration after, precipitation events in a typical year. Stream beds are located above the water table year-round.

Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow.

“intermittent”— has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, streams may not have flowing water.

Runoff from rainfall is a supplemental source of water for stream flow.

“perennial”— has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow.

GPS data must be accurate to within 1-2.5 meter and be compatible with ArcGIS products. Data dictionaries that allow sufficient data entry must be used and contain the following attributes:

1) date of GPS point,

2) time of GPS point,

3) approx. accuracy of GPS point,

4) identify if GPS point is post processed or WAAS enabled,

5) GPS brand and model used,

6) agency/person doing the GPSing, along with any other required fields to describe the point being GPS'd.

Report Requirements After the field season start date, the contractor shall provide bi-weekly reports in the form of email addressed to the Contracting Officer Representative and District Contact. At a minimum, these bi-weekly reports shall include a description of where, how, and when PFC surveys were conducted and any problems encountered.

By November 30, 2024, the contractor shall submit to the Contracting Officer Representative (COR) a draft report for review. The Forest Service shall return comments on the draft report by December 31, 2024. The contractor will submit their final report in both hard copy and electronic format (MS Word), by January 31, 2025. At a minimum, the draft and final reports shall contain:

An introduction summarizing the purpose of the project.

A description of the survey areas, methods, and techniques used. The results section giving the location

(in both UTM coordinates and legal description) of each stream segment start and end points; PFC ratting, and notes justifying that rating.

A discussion section comparing existing and historic PFC data for each stream segment.

Maps (USGS 7.5-degree topographic quads or acceptable alternatives) indicating PFC rating and Reach

IDs.

Photos of stream segments used to illustrate ratings or show specific issues related to riparian resources.

An appendix containing a copy of field notes, PFC survey sheets, and ratings of instream cover, embeddedness, stream bank condition, bank vegetative conditions, and extend of grazing pressure.

PFC2024_McKenzie_W_221mi_HUC12

Ranger District Acres Name HUC12

McKenzie 24,481 West Branch Charbonneau Creek 101000042601 McKenzie 35,829 Upper Charbonneau Creek 101000042602 McKenzie 22,528 Antelope Creek 101000042603 McKenzie 14,557 Middle Charbonneau Creek 101000042606 McKenzie 30,667 Lower Charbonneau Creek 101000042607 McKenzie 30,993 Town of Fairview-Yellowstone River 101000042706 McKenzie 25,078 Bowline Creek 101102050202 McKenzie 38,091 Red Wing Creek 101102050204 McKenzie 14,779 South Fork Smith Creek 101000042001 McKenzie 20,031 North Fork Smith Creek 101000042002 McKenzie 36,520 Upper Bennie Peer Creek 101000042401 McKenzie 20,974 Sheep Creek 101000042402 McKenzie 28,063 Phillip Spring-Spring Creek 101000042403 McKenzie 15,828 Middle Bennie Peer Creek 101000042404 McKenzie 14,703 Poison Spring Creek 101000042003 McKenzie 17,356 Upper Smith Creek 101000042004 McKenzie 15,722 One-O-One Creek 101000042405 McKenzie 41,128 Lower Bennie Peer Creek 101000042406 McKenzie 16,304 Cheney Creek 101000042701 McKenzie 15,509 Prairie Dog Creek 101102040508 McKenzie 13,586 Cinnamon Creek 101102050103 McKenzie 29,578 French Creek-Little Missouri River 101102050106 McKenzie 13,431 East Hay Draw Creek 101102050201 McKenzie 21,019 Upper Horse Creek 101000042702 McKenzie 22,887 Lower Horse Creek 101000042703

Date: Riparian Area:

ID Team: Reach ID:

Comments:

NA Optimal Sub-Optimal Marginal Poor Instream Cover

Habitat available in stream (fallen trees, logs, branches, large rocks, and undercuts)

>50%

31-50%

11-30%

<11%

Embeddedness

Extent which rocks (gravel, cobble, boulders) are covered or sunken into stream)

0-25%

26-50%

51-75%

>75%

Stream Bank Conditions

Extent which erosion is occurring, or has the potential to occur.

Stable

No evidence of erosion or bank failure.

Moderately Stable

Infrequent small areas of erosion, mostly healed over.

Moderately Unstable

Up to 50% of banks have areas of erosion

Unstable

Many eroded areas, “raw” areas frequent, 51-100% of the bank has erosional scars.

Bank Vegetation Conditions

The amount of the stream bank that is covered by vegetation.

>90%

71-90%

51-70%

<50%

Extent of Grazing Pressure

The extent of grazing impacts and its effect on streamside vegetation and instream pools.

Minimal or Not Evident

Almost all plants are allowed to grow naturally, little evidence of manure accumulation, little trampling near instream pools.

Evident

Only moderate impacts on stubble height, only scattered manure present, instream pools are being used by cattle but are not significantly impacted

Obvious

Patches of bare soil or closely cropped vegetation area common.

High

Patches of bare soil or closely cropped vegetation area common, less than 25% of the potential stubble height is remaining, grazing is affecting plant species composition, manure accumulation is very high, cattle are using instream pools and are having severe impacts on pool vegetation and water quality.

McKenzie

Richland

Billings Golden Valley

Wibaux

USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; USGS Global Ecosystems; U.S.

Census Bureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S. Department of State

Humanitarian Information Unit; and NOAA National Centers for Environmental Information, U.S.

Coastal Relief Model. Data refreshed April, 2023.

Legend

National Grassland

National Park Service

State Trust Lands

AdministrativeBoundary

GU_CountyOrEquivalent

Streams to be surveyed 2024, W (221 mi) 0 2.5 5 7.5 101.25

Miles

PFC Survey Southwest 2024 McKenzie Ranger District, LMNG

Scale: 1:200,000

CLAUSES

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023)

Addenda to 52.212-4:

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (MAY 2024)

(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) FAR 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) FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) FAR 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) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

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

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

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

[Contracting Officer check as appropriate.]

☐ (1) FAR 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. 4655).

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

☐ (3) FAR 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) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

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

☐ (6) [Reserved].

☐ (7) FAR 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (8) FAR 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

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

☐ (9) FAR 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-328).

☐ (10) FAR 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title

II)

☐ (11)(i) FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023) (Pub. L. 115–390, title II)

☐ (ii) Alternate I (Dec 2023) of FAR 52.204-30.

☒ (12) FAR 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).

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

2018) (41 U.S.C. 2313).Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (14) [Reserved].

☐ (15) FAR 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

☐ (16) FAR 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).

☐ (17) [Reserved] ☒ (18) (i) FAR 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

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

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

☐ (20) FAR 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

☐ (21) (i) FAR 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

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

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

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

☐ (v) Alternate IV (Sep 2023) of FAR 52.219-9.

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

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

☐ (23) FAR 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.

☐ (24) FAR 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (25) FAR 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned

Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

☒ (26) (i) FAR 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024)

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

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

☐ (27) FAR 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)).

☐ (28) FAR 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).

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

☐ (30) FAR 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

☒ (31) FAR 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

☒ (32) FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).[ ☒ (33) FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015).

☒ (34) (i) FAR 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

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

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

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

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

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

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

2010) (E.O. 13496).

☒ (39) (i) FAR 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).

☐ (40) FAR 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.)

☐ (41) (i) FAR 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 FAR 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (42) FAR 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

☐ (43) FAR 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

☐ (44) FAR 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

☐ (45) FAR 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

☐ (46) FAR 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

☒ (48) (i) FAR 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) FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (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 FAR 52.225-3.

☐(iv) Alternate III (FEB 2024) of FAR 52.225-3.

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

☐ (50) FAR 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

☐ (54) FAR 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV

2007) (42 U.S.C. 5150).

☒ (55) FAR 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024) (E.O. 13513).

☐ (56) FAR 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

☐ (57) FAR 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).

☐ (58) FAR 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV

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

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

(OCT2018) (31 U.S.C. 3332).

☐ (60) FAR 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

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

☐ (61) FAR 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

☐ (62) FAR 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

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

☐ (64) (i) FAR 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 FAR 52.247-64.

☐ (iii) Alternate II (Nov 2021) of FAR 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) FAR 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

☒ (2) FAR 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) FAR 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) FAR 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

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

☐ (5) FAR 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) FAR 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) FAR 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

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

☐ (9) FAR 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 FAR 52.215-2, Audit and Records-Negotiation.

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

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

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

(ii) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) FAR 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)).

(iv) FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) FAR 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).

(vi) FAR 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) (A) FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC

2023) (Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of FAR 52.204–30.

(viii) FAR 52.219-8, Utilization of Small Business Concerns (FEB 2024) (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 FAR 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) FAR 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

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

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

(xiv) FAR 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 FAR 52.222- 40.

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

(xvi) (A) FAR 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(xvii) FAR 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).

(xviii) FAR 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).

(xix) FAR 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) FAR 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN

2022).

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

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

(B) Alternate I (JAN 2017) of FAR 52.224-3.

(xxiii) FAR 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).

(xxiv) FAR 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 FAR 52.226-6.

(xxv) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of FAR 52.232-40.

(xxvi) FAR 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 FAR 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)

Additional Requirements/Terms and Conditions:

Clauses:

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.223-2 Affirmative Procurement of Biobased Products Under Service And Construction Contracts (MAY 2024)

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

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-15 Stop-Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

52.245-1 Government Property (SEP 2021) Alt 1 (APR 2012)

52.245-9 Use and Charges (APR 2012)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses: https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

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 (DEVIATION JUN 2024)

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.

452.211-74 Period of Performance (FEB 1988) The approximate period of performance of this contract is August 8, 2024 through January 31, 2025.

452.236-73 Archaeological or Historic Sites (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Point of Contact.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

452.237-75 Restrictions Against Disclosure (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

452.237-77 Progress Reporting (FEB 1988)

The Contractor shall submit a progress report ___*, covering work accomplished during that period of the contract performance. The progress report shall be brief and factual and shall be prepared in accordance with the following format:

(a) A cover page containing:

(1) Contract number and title;

(2) Type of report, sequence number of report, and period of performance being reported;

(3) Contractor's name and address;

(4) Author(s); and

(5) Date of report.

(b) Section I - An introduction covering the purpose and scope of the contract effort. This shall be limited to one paragraph in all but the first and final month's narrative.

(c) Section II - A description of overall progress plus a separate description of each task or other logical segment of work on which effort was expended during the report period. The description shall include pertinent data and/or graphs in sufficient detail to explain any significant results achieved.

(d) Section III - A description of current technical or substantive performance, and any problem(s) which may impede performance along with proposed corrective action.

(e) Section IV - A planning schedule shall be included with the first progress report for all assigned tasks required under the contract, along with the estimated starting and completion dates for each task. The planning schedule shall be updated and submitted with each subsequent technical progress report, including an explanation of any difference between actual progress and planned progress, why the differences have occurred, and - if behind planned progress - what corrective steps are planned.

(f) Section V - If applicable, financial information shall be submitted for each major task or line item cost.

Data shall include:

(1) The total estimated cost budgeted (fee excluded).

(2) The estimated cost expended during the current reporting period.

(3) Identification of direct labor hours of prime contractor and subcontractor(s) and/or consultant(s), if applicable.

(4) Total project to-date expenditures.

(5) Total remaining funds.

452.237-78 Contracts with Consulting Firms for Services (FEB 1988)

Offerors are specifically cautioned that any firm(s) receiving a contract award to provide the services described herein will be prohibited from competing for or receiving a follow-on contract to perform

Personal Identity Verification of Contractor Employees

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the results of the PIV process require the exclusion of a contractor's employee; the Contracting Officer will notify the contractor in writing.

(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the contractor. Contractor employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine unaccompanied physical access to a Federally-controlled facility and/or routine unaccompanied access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the COR, unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from * (hours and days) to * (hours and days) at * (office address for registration). The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor's responsibility to meet all aspects of paragraphs (c), (d), and (e).

Limitation of Government’s Obligation

(a) Contract line item(s) listed below is/are incrementally funded. For this/these item(s), the sum of $ ________ of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) below (to be completed prior to award).

Line Item Price Currently Allotted Funding Funds Required for Complete Funding

(b) For item(s)…