RFQ1204T120Q0006 Macroinvert Survey.pdf

COVER PAGE

RFQ number: 1204T120Q0006

Name of Project: Macro-Invertebrate Sampling and Analysis, Umpqua National Forest

Quotes are due March 18th, 2020 3pm Standard Pacific Time

Offers should be emailed to:

sm.fs.conwest@usda.gov Attn: Lois Ford

Or Faxed to:

866-230-8012 Attn: Lois Ford

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

04T1

ROSEBURG OR 97470

2900 NW STEWART PKWY

UMPQUA NATIONAL FOREST

04T4 CODE 16. ADMINISTERED BYCODE

X

X

X

541620

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR04T1

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/18/2020 1500 PS

02/26/2020

541-957-3344LOIS FORD

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1204T120Q0006

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2 990862OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

GLIDE OR 97443

18782 NORTH UMPQUA HWY

UMPQUA NATIONAL FOREST NORTH UMPQU

15. DELIVER TO

ROSEBURG OR 97470

2900 NW STEWART PKWY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

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)

UMPQUA NATIONAL FOREST

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.

See Schedule of Items

0001 Macroinvert Survey and Analysis

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

LOIS I. FORD

. 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

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.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Macro-invertebrate Sampling and Analysis Umpqua National Forest

Item Description Est Qty Unit Price Amount

1a

BASE YEAR

July1, 2020 – July 1 2021

Site Sampling (Sampling done between August and September 2020)

10 EA $________ $________

1b Sample and Data Analysis 10 EA $________ $________

1c Final Report due by July 1, 2021 1 EA $________ $________

Total for lines 1a – 1c TOTAL $__________

2a

Option YEAR 1 July 2, 2021– July 1, 2022

Site Sampling (Sampling done between August and September 2021)

10 EA $________ $________

2b Sample and Data Analysis 10 EA $________ $________

2c Final Report due by July 1, 2022 1 EA $________ $________

Total for lines 2a – 2c (option year 1)

TOTAL $__________

3a

Option YEAR 2 July 2, 2022– July 1, 2023

Site Sampling (Sampling done between August and September 2022)

10 EA $________ $________

3b Sample and Data Analysis 10 EA $________ $________

RFQ 1204T120Q0006

Macroinvert Survey

Umpqua National Forest

3c Final Report due by July 1, 2023 1 EA $________ $________

Total for lines 3a – 3c (option year 2)

TOTAL $__________

Total for base + 2 Option years

TOTAL $__________

DUNS NUMBER: ____________________________________________

EMAIL ADDRESS: __________________________________________

PERFORMANCE TIME: Estimated to be: July through September of each year.

Estimated Start work date is August 1, 2020

The Contractor shall have completed the field collection by October 30 and shall have the final report and all supporting documentation completed and submitted by July 01 for each year on the purchase order.

Contract time is: Base year and 2 (two) Option years if exercised

CONTRACT PERIOD:

Base Year – 7/01/2020 thru 07/01/2021 Option Year 1 – 7/02/2021 thru 07/01/2022 Option Year 2 – 7/02/2022 thru 07/01/2023

The contract period for the Base year is from July 1 2020 to 07/01/2021. There are two option years that, if exercised, will have a performance period of one year each. The government will give 60 days notice prior to exercising options. However, notice of intent does not obligate the government to exercise option years. See 52.217-9 - Option to Extend the Term of the Contract.

NOTE: Contractor must maintain an active registration in the System Award Management (SAM) database at www.sam.gov. Quoters shall complete Section E, including the Questionnaire to receive full consideration for award – See 52.212-1, Instructions to Offerors - Commercial Items and 52.212-2 Evaluation - Commercial Items item C for complete package list.

This solicitation is set aside for Small Businesses.

NEW ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

RFQ 1204T120Q0006

Macroinvert Survey

Umpqua National Forest http://www.sam.gov/ https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

Section C – Description / Specifications / Work Statement

C-1 Description of Work

The purpose of this project is to sample aquatic invertebrates in specific streams on the Umpqua National Forest. Biomonitoring the invertebrates will allow for long term assessment and determination of cumulative impacts from land management activities on the stream biota. The job shall consist of collection of samples, analysis of samples, and the formation of a comprehensive report with data interpretation, tables, and narrative discussion on the results and watershed characteristics. (See Technical Specifications).

This contract contains one bid item consisting of 10 macroinvertebrate survey sites.

C-2 Project Location

The project will take place in the Umpqua National Forest. A total of 10 sites are proposed to be surveyed. Sites are located within 80 miles north and east of Roseburg, Oregon. Sites are located on the North Umpqua and Diamond Lake Ranger Districts. The contractor must coordinate with the Contracting Officer Representative on each survey site before the actual surveying begins.

See attached maps for exact survey locations.

See Section J for list of streams to be sampled.

C-3 Accessibility

Access is by paved and gravel roads. A 4x4 vehicle may be required to access survey areas. Some survey sites may require cross country hiking over steep forested terrain.

C-4 Government Furnished Property

Maps showing the locations of the sampling sites will be provided. The Government will provide a list of sensitive aquatic invertebrates, if available. The Government will provide the most recent macro-invertebrate data from the sample sites, as available.

C-5 Contractors Obligations

The contractor will furnish all equipment, supplies, materials, labor, tools, supervision and transportation (except that listed as Government furnished) required to complete the project.

C-6 Qualification Statement

The following skills are required, as a minimum, to be qualified for consideration for award.

1. A minimum of a Master’s Degree with an emphasis in entomological science.

2. Technical knowledge of macro-invertebrates.

3. Skills in macro-invertebrate identification

4. Familiarity with macro-invertebrates of the Cascade Range of southwestern Oregon with a minimum of two years of experience in macro-invertebrate collection and identification in southwestern Oregon. Evidence of this work will be required.

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Macroinvert Survey

5. Knowledge of data interpretation and analysis; include sample of written interpretive analysis report.

6. Map reading skills.

List qualifications and experience in the above skills as well as the following on a separate document and include your response with the Contractor Packet to Return.

1. Educational Background.

2. Familiarity with the project area.

3. Past work record and performance.

4. References.

C-7 Technical Specifications

The contractor shall use the following sample procedures adopted by the 1995 Aquatic Biology Associates (ABA) Benthic Invertebrate Bio-assessment Method (Protocol attached).

1. Sampling shall take place at predetermined locations in the streams.

2. Sampling shall be done between August and September each year

3. At each site samples shall be collected using the Riffle Sample Method, Margin Sample Method, and CPOM (coarse particulate organic matter) as described in the ABA Protocol. A hand scrubbing brush shall be used when collecting samples from boulders and cobbles.

The contractor shall use the following analysis procedure.

1. In order to use the ABA protocol of metric scoring, the taxonomic level of identification will be to family for some invertebrates while to genus and even species for others. Enclosed is a list of common Pacific Northwest benthic invertebrates and the taxonomic level required for identification. This must be followed when the sample is processed in the lab.

2. Identify any sensitive aquatic invertebrate found or suspected to be present.

3. Identify any invasive aquatic invertebrate found or suspected to be present.

4. Samples are processed in the lab by qualified specialists. Either the entire sample is sorted under a minimum 6X magnification dissecting microscope, or a fraction is sorted that contains a minimum of 600 organisms.

5. Use ABA scoring criteria for all metrics as described in the ABA protocol. This is described in “Benthic Invertebrate Biomonitoring and Bioassessment in Western Montane Streams” (Wisseman, 1996).

6. Assess the integrity of benthic invertebrate communities at a site using the ABA protocol, which includes:

A. Cumulative score of all metrics expressed as a percent of the maximum possible score.

B. Categorize metrics into the following:

1. Primary Metrics: There are 5 general community structure and descriptor metric that rate standing crop, total richness, diversity, and tolerance of organisms present.

a. Total abundance: ABA’s erosional habitat sampling protocol provides an estimate of standing crop.

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b. Total taxa richness: scores are provided for class intervals of the total number of distinct taxa identified from each of the three sample types.

c. Ephemeroptera-Plecoptera-Trichoptera (EPT) index: This is the richness of the insect order Ephemeroptera+Plecoptera+Trichoptera.

d. % dominant taxa: This is the % contribution of the most numerous taxa present in a sample.

e. Community tolerance: This is the saprobic index that evaluates the tolerance of the benthic taxa present at the site to organic enrichment.

2. Positive Indicators: These are particular taxa, taxa assemblages, or feeding groups whose presence or increased abundance is a positive sign. These include; predator richness, scrapper richness, shredder richness, xylophage richness, % intolerant mayflies, % intolerant stoneflies, % intolerant caddisflies, % intolerant dipterans, intolerant mayfly richness, intolerant stonefly richness, heptageniidae richness, ephemerellidae richness, nemouridae richness, % pteronarcys, % glossosomatidae, % philopotamidae, % arctopsychidae, rhyacophila richness, % cricotopua nostococladius, long lived taxa richness, and class 0 taxa richness.

3. Negative Indicators: These are particular taxa, taxa assemblages, or feeding groups whose presence or increased abundance is a negative sign. These include; % collector, % parasite, % oligochaeta, % leech, % tolerant mollusk, % tolerant crustacea, % tolerant odonates, % tolerant mayflies, % tolerant caddisflies, % tolerant beetles, % tolerant dipterans, tolerant mayfly richness, tolerant caddisfly richness, tolerant beetle richness, tolerant dipteran richness, % simuliidae, and % chironomidae.

C. Individual metrics or collections of metrics to be used as indicators of specific habitat parameters include CPOM retention capability, winter scour, excessive summer water temperature, hyporheic and crevice space limitation, etc. (The individual metric listing is described in the ABA protocol.)

D. The contractor shall compile the taxonomic and count data in a uniform manner and provide the data, analysis, and report in electronic format using EXCEL spreadsheet and MS Word formats. Provide one hard copy (binder) and four electronic copies of the data and all supporting documentation (CDs) to the Forest Service (Ron McMullin, Umpqua National Forest, 2900 NW Stewart Parkway, Roseburg, Oregon 97470). Both the hardcopy report and the electronic versions of the macro-invertebrate sampling analysis shall include narrative discussion of the following:

1. The ABA Benthic Invertebrate Bioassessment Protocol.

2. Description of metrics and their importance.

3. Data analysis and interpretation.

4. Sampling methodology.

5. Results and narrative discussion of sampling, including:

A. Ranges of metric values.

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B. Narrative discussion of present year data compared to previous years data.

C. Metric summary.

D. Physical and chemical characteristics biomonitoring sites.

E. Biomonitoring site metric summary.

F. Interpretive analysis summary and discussion for each biomonitoring site.

G. Site specific data

1. Taxa present in erosional, margin, and detritus habitat.

2. Total number of taxa present.

3. Community tolerance.

4. EPT abundance and number of EPT taxa

5. Total invertebrate abundance.

6. Abundance of each taxa in taxonomic groups, feeding groups, dominant taxon, and indicator assemblages.

7. Percent contribution of each taxa.

8. Subtotals by major taxonomic group.

9. Grand total of macro-invertebrates.

H. Aquatic macro-invertebrate individual metric listing (as listed on pages 6-12 of ABA protocol).

The Contractor shall have completed the field collection by October 30 and shall have the final report and all supporting documentation completed and submitted by July 01 for each year on the purchase order.

The COR may accompany the contractor to any of the collection sites at any time to determine if the contractor is complying with the set sampling procedures.

C-8 Basis of Payment

Invoice payments may be made upon completion of sample collection, sample analysis, and the completion and acceptance of the finale report as determined by the Contracting Officer or the COR.

Payment authorization will be dependent upon an inspection of the completed project and will be based on adherence to the work specifications.

C-9 Payments for Incidental Items

The intent of the contract is to provide for the completion of all work described in the contract. Unless otherwise provided, the contractor shall furnish all labor, materials, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and terms of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered incidental to and included in the payment for items shown.

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Macroinvert Survey

SECTION D- PACKAGING AND MARKING

{For this Solicitation, there are no clauses in this Section}

SECTION E- INSPECTION AND ACCEPTANCE

AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The Contracting Officer or the Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at the USDA Forest Service, McKenzie River Ranger Station.

(End of Clause)

GOVERNMENT INSPECTION

The COR may accompany the contractor to any of the collection sites at any time to determine if the contractor is complying with the set sampling procedures.

SECTION F – DELIVERIES AND PERFORMANCE

FAR 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 addresses:

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-15 Stop Work Order (AUG 1989) 52.242-17 Government Delay of Work (APR 1984)

AGAR 452-211-74 PERIOD OF PERFORMANCE (FEB 1988)

CONTRACT PERIOD:

Base Year – 7/01/2020 thru 07/01/2021 Option Year 1 – 7/02/2021 thru 07/01/2022 Option Year 2 – 7/02/2022 thru 07/01/2023

REPORTING REQUIREMENTS

The Contractor shall have completed the field collection by October 30 and shall have the final report and all supporting documentation completed and submitted by July 01 for each year on the purchase order. See Section C-7D

Umpqua National Forest http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

SECTION G – CONTRACT ADMINISTRATION DATA

AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. Date and place to be determined and agreed upon after award.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative (COR).

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

PAYMENT

Payment will be made on a yearly after the final report and documentation are accepted by the COR. The Contractor will submit an invoice. The Government will review the report and documentation before approving invoice.

INVOICE PROCESSING PLATFORM

NOTE: The paragraph below replaces the paper invoice copies requirement referenced on FAR 52.212-4 (g) invoices.

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

RFQ 1204T120Q0006

Macroinvert Survey

Umpqua National Forest https://www.ipp.gov/index.htm

GOVERNMENT FURNISHED PROPERTY

Maps showing the locations of the sampling sites will be provided. The Government will provide a list of sensitive aquatic invertebrates, if available. The Government will provide the most recent macro-invertebrate data from the sample sites, as available.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

{For this Solicitation, there are no clauses in this Section}

SECTION I – CONTRACT CLAUSES

Quoter must respond to the other factors as described under FAR 52.212-2 Evaluation – Commercial Items (Oct 2014). Award will be made on the best value for the Government. Evaluation of options shall not obligate the Government to exercise the option. It’s the Governments’ intent to make one contract award.

Quoter MUST register online at www.sam.gov. System for Award Management (SAM). See FAR 52.212-4 (t) and Online Representations and Certifications Applications (ORCA) – See FAR clause 52.212-3. Contractors must have an “active” registration at the time of award for the Government to access electronically.

The contract awardee must register at the https://www.ipp.gov/vendors/enrollment-vendors.htm in order to submit invoices for payment. See page 24 for more information.

ADDENDUM TO FAR 52.212-4 (OCT 2018)

FAR 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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52-212-1 Instructions to Offerors – Commercial Items (Oct 2018) 52.211-16 Variation of Estimated Quantity (APR 1984) 52.223-5 Pollution Prevention and the Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if awarded to an individual) 52.232-11 Extras (APR 1984) 52.232-40 Providing Accelerated Payments to Small Business Contractors (DEC 2013) 52.242-15 Stop Work Order (AUG 1989) 52.245-1 Government Property (JAN 2017) 52.245-9 Use and Charges (APR 2012)

AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Performance Statement of Work referenced in the attachments.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERICAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of

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Umpqua National Forest http://www.sam.gov/ nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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Umpqua National Forest http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048610 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063244

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii)Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B)If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

RFQ 1204T120Q0006

Macroinvert Survey

Umpqua National Forest https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050674 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050705 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

RFQ 1204T120Q0006

Macroinvert Survey

Umpqua National Forest https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_212_5 https://www.acquisition.gov/content/part-33-protests-disputes-and-appeals#i1080268

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv)If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a

RFQ 1204T120Q0006

Macroinvert Survey

Umpqua National Forest https://www.acquisition.gov/content/part-32-contract-financing#i1081898 https://www.acquisition.gov/content/part-32-contract-financing#i1081962 percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(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; 41 U.S.C. 4712 and 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.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

RFQ 1204T120Q0006

Macroinvert Survey

Umpqua National Forest http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_212_5

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t)[Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

Umpqua National Forest https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR ECECUTIVE ORDERS-COMMERICAL ITEMS (JAN 2020)

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

RFQ 1204T120Q0006

Macroinvert Survey

Umpqua National Forest https://www.acquisition.gov/content/12301-solicitation-provisions-and-contract-clauses-acquisition-commercial-items#i1113145 https://www.acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements#i52_203-19 https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided-kaspersky-lab-and-other-covered-entities#id189A70O0P1N https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680 https://www.acquisition.gov/content/52233-3-protest-after-award#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52233-4-applicable-law-breach-contract-claim#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-6-restrictions-subcontractor-sales-government#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52203-13-contractor-code-business-ethics-and-conduct#i1063504 https://www.acquisition.gov/content/52203-15-whistleblower-protections-under-american-recovery-and-reinvestment-act-2009#i1063607

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (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) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13)[Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

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

RFQ 1204T120Q0006

Macroinvert Survey

Umpqua National Forest https://www.acquisition.gov/content/52204-10-reporting-executive-compensation-and-first-tier-subcontract-awards#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/52204-14-service-contract-reporting-requirements#i1064214 https://www.acquisition.gov/content/52204-15-service-contract-reporting-requirements-indefinite-delivery-contracts#i1064243 https://www.acquisition.gov/content/52209-6-protecting-government%E2%80%99s-interest-when-subcontracting-contractors-debarred-suspended-or-proposed-debarment#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/52209-9-updates-publicly-available-information-regarding-responsibility-matters#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/content/52219-3-notice-hubzone-set-aside-or-sole-source-award#i1057314 https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-4-notice-price-evaluation-preference-hubzone-small-business-concerns#i1057352 https://www.acquisition.gov/content/52219-6-notice-total-small-business-set-aside#i1057393 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 https://www.acquisition.gov/content/52219-7-notice-partial-small-business-set-aside#i1057419 https://www.acquisition.gov/content/52219-8-utilization-small-business-concerns#i52_219-8

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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…