S01 12FPC423Q0059 RFQ BAT PKG 11001638 8.14.23.pdf

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

FPAC-HQ-12FPC4

FPAC-HQ-12FPC4@usda.gov Eastern Section USDA FPAC Business Center

NRCS-PA-122D37 CODE 16. ADMINISTERED BYCODE

X

X

X

541620

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORFPAC-HQ-12FPC4

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

08/22/2023 1500 ET

08/14/2023

2027204044AMBREA HARRIS

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12FPC423Q0059

5. SOLICITATION NUMBER

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

1 42 1101638OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

HARRISBURG PA 17111

SUITE 2

359 EAST PARK DRIVE

USDA-NRCS-PENNSYLVANIA STATE OFFICE

15. DELIVER TO

FPAC-HQ-12FPC4@usda.gov Eastern Section

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA FPAC Business Center

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This RFQ constitutes as the only RFQ; quotes are being requested and the Government reserves the right to make no award at all. Please see the attached Request for Quote (RFQ) and respond no later than (nlt) 8/22/2023 @ 1500 EST. Please submit all questions nlt 8/16/2023 @ 1500 EST to Ambrea.Harris@usda.gov. Late responses will not be considered.

NAICS Code 541620 (Environmental Consulting Services)

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

SHERMEKA L. SHOWERS

. 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 (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

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: REFERENCE

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. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

PSC Code B509 (Special Studies/analysis-

Endangered Species: Plant/animal).

Evaluation criteria: Lowest Price Technically

Acceptable- LPTA

Please Note: In order to be consider "Technically

Acceptable" offerors must be a Certified

Commercial Pesticide Applicator. Any person(s) working under the supervision of the Certified

Commercial Herbicide Applicator, must be a

Registered Pesticide Technician.

The pesticide licensing terms are from PA Dept.

of Agriculture.

Offerors shall submit certification along with their pricing.

CONTRACTOR QUALIFICATIONS:

Requirements for applying all conservation practices:

1. The person(s) performing or supervising the work must be a Certified Commercial Pesticide

Applicator. Any person(s) working under the supervision of the Certified Commercial

Herbicide Applicator must be a Registered

Pesticide Technician.

***We are not conducting Bat Surveys***

Delivery: 09/14/2026

Period of Performance: 09/15/2023 to 09/14/2026

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 42

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12FPC423Q0059

0001 INVASIVE AND NOXIOUS SPECIES TREATMENT ON INDIANA

BAT HEALTHY FOREST RESERVE PROGRAM

(HFRP)CONSERVAITON EASEMENT: 822D3712012QZ, T. W.

Belinda

Services on a property with known hibernacula for the Indiana Bat in Blair County, Pennsylvania.

The Contractor shall follow the Statement of Work and applicable regulations to provide treatment on invasive woody and herbaceous plants for the associated properties. The services entail the following**:

1. Brush Management (314) removal of woody plants and controlling noxious and invasive woody plants.

2. Herbaceous Weed Control (315) Treatment of herbaceous weeds.

Period of Performance: Base Year: September

15, 2023 through September 14, 2024

Fully Funded Ordering Period One (1): September

15, 2024 through September 14, 2025

Fully Funded Ordering Period Two (2): September

15, 2025 through September 14, 2026

1. IPP Payment Instructions - below:

4I-52.232-70 ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS- INVOICE PROCESSING PLATFORM (IPP)

(a) Invoices must be submitted electronically through the U.S. Department of the Treasurys

Invoice Processing Platform System (IPP). The

Contractor must use the IPP website

(https://www.ipp.gov) for submitting invoices.

Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

(b) Under this contract, the following document(s) are required to be submitted as attachment(s) to the IPP invoice:

(i) Vendor name

(ii) Vendor address

(iii) Contract No./Order No.

(iv) Purpose of the Invoice

(v) Billing Period for the services performed

(vi) Description of deliverable

(vii) Price of Deliverable

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 42

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12FPC423Q0059

2. Invoices will be paid upon approval and acceptance by the Government COR and CO.

USDA seeks to obtain the Contractors best price based on its evaluation of discounts, terms, conditions, and concessions offered to commercial customers. In an effort to receive the highest quality service at the lowest possible price, for all products/services offered for this requirement.

Contract Specialist:

Ambrea Harris

Ambrea.Harris@usda.gov

Contracting Officer:

Shermeka Showers

Shermeka.Showers@usda.gov

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

STATEMENT OF WORK

INVASIVE AND NOXIOUS SPECIES TREATMENT

NATURAL RESOURCES CONSERVATION SERVICE (NRCS)

PENNSYLVANIA STATE OFFICE

I. OBJECTIVE

The objective of this contract/purchase order is to obtain services in the State of Pennsylvania (PA) for Invasive and Noxious Species Treatment for a property located in Blair County. Description of services for each site is listed below.

II. BACKGROUND

The United States Department of Agriculture (USDA) NRCS has authority to administer voluntary conservation easement programs. Depending on the program, NRCS is authorized to acquire easement rights from participating landowners to achieve program purposes such as restoring and protecting wetlands, grasslands, and forestland resources and restoring and enhancing floodplains.

NRCS is the lead agency within the USDA charged with administering these programs.

III. SCOPE

The Contractor shall follow the Statement of Work and applicable regulations to provide treatment on invasive woody and herbaceous plants for the associated properties. The services entail the following**:

1. Brush Management (314) – removal of woody plants and controlling noxious and invasive woody plants.

2. Herbaceous Weed Control (315) – Treatment of herbaceous weeds.

**NOTE – THIS SITE CONTAINS ENDANGERED SPECIES. DUE TO THE SENSETIVE

NATURE OF THE INDIANA BAT AND THEIR HABITAT, THE SITE LOCATIONS WILL

NOT BE RELEASED TO THE PUBLIC.**

IV. STANDARDS AND RESPONSIBILITIES

The Contractor shall follow the Statement of Work, applicable regulations, and conservation practice standards to provide Brush Management and Herbaceous Weed Control for the associated property.

The contractor will notify the landowner prior to each site visit for restoration.

The individual Conservation Practice Standards and Specifications can be found at https://efotg.sc.egov.usda.gov/#/state/PA/documents/section=4&folder=0 .The Contractor will be provided with a copy of the Conservation Practice Standards and Specifications upon award. Other specifications related to this requirement are listed in Section V., Description of Services of this

Statement of Work.

https://efotg.sc.egov.usda.gov/#/state/PA/documents/section=4&folder=0

The Contractor is responsible for implementing all Brush Management and Herbaceous Weed

Control services in compliance with Conservation Practice Standards. A map of the project area will be provided after the contract has been awarded.

The Contractor is responsible for having current knowledge of requirements of Pennsylvania state law associated with the services being solicited.

The Contractor will attend the pre-implementation meeting with the NRCS representative(s). The discussions and decisions shall be documented by the NRCS and the Contractor. Throughout the spring and summer of 2023 (August – October), the contractor will visit the site as needed to prepare for the vegetation treatments.

The Contractor will effectively communicate to NRCS the status of the Brush Management and

Herbaceous Weed Control services, beginning with the start of the first practice and through to completion. The contractor must notify NRCS field office at least 24 hours before proceeding with the first treatment.

Scheduling conflicts will be communicated ahead of time. Any changes or modifications to the planned treatment acres will be communicated to and approved by NRCS.

The Contractor will be a licensed herbicide applicator. All herbicide applications must be done according to the instructions on the herbicide label.

The Contractor will not complete work during the dusk and dawn hours.

The Contractor will carry out activities during appropriate weather conditions so that herbicide treatment is effective.

Within 14 days of practice completion, the Contractor will submit the following Records of

Application documentation to NRCS:

1. Extent of practice application (i.e. number of acres) and corresponding map

2. List of materials and methods used for practice implementation (see more specific deliverables for each practice below) and estimated hours of labor

Specific documentation for deliverables is listed below:

Refer to Site Conditions Report, Attachment 1 for information on site conditions and previous treatments. Refer to Treatment Area Map, 2023 attachment for the location of the planned activities.

Brush Management 314 (2023, 2024 and 2025)

• Plant species controlled and percent kill of target species

• Dates of treatment

• Chemicals applied (also carriers/surfactants, if used)

• Rate of application

• Method of application, including general equipment used

Herbaceous Weed Control 315 (2023, 2024 and 2025)

• Plant species controlled and percent kill of target species

• Dates of treatment

• Chemicals applied (also carriers/surfactants, if used)

• Rate of application

• Method of application, including general equipment used

V. DESCRIPTION OF SERVICES

A. Brush Management and Herbaceous Weed Control

1. SITE 1 -

Summary of services requested:

2023:

Area 1, 2, & 3:

1) Treat approximately 65.4 acres of Japanese Barberry, multiflora rose, and privet. Implement

Brush Management by managing or removing woody plants (non-herbaceous) including those that are invasive and noxious. Brush Management is planned to improve or restore quality plant diversity; and maintain, modify, or enhance wildlife habitat. Management will be accomplished through the use of chemical control, and/or hand treatment. Refer to the Brush

Management Implementation Requirements for site-specific treatments planned. Refer to the plan map for the areas on which Brush Management is to be implemented.

2) Treat approximately 65.4 acres of Japanese stilt grass. Remove or control herbaceous weeds, including invasive, noxious, or undesirable plants. Herbaceous Weed Control is planned to improve or restore quality plant diversity; and maintain, modify, or enhance wildlife habitat.

Management will be accomplished through the use of chemical control, and/or hand treatment. Refer to the Herbaceous Weed Control Implementation Requirements for site-specific treatments planned. Refer to the plan map for the areas on which Herbaceous Weed

Control is to be implemented.

2024:

Area 1, 2, & 3:

1) Treat approximately 65.4 acres of Japanese Barberry, multiflora rose, and privet. Implement

Brush Management by managing or removing woody plants (non-herbaceous) including those that are invasive and noxious. Brush Management is planned to improve or restore quality plant diversity; and maintain, modify, or enhance wildlife habitat. Management will be accomplished through the use of chemical control, and/or hand treatment. Refer to the Brush

Management Implementation Requirements for site-specific treatments planned. Refer to the plan map for the areas on which Brush Management is to be implemented.

2) Treat approximately 65.4 acres of Japanese stilt grass. Remove or control herbaceous weeds, including invasive, noxious, or undesirable plants. Herbaceous Weed Control is planned to improve or restore quality plant diversity; and maintain, modify, or enhance wildlife habitat.

Management will be accomplished through the use of chemical control, and/or hand treatment. Refer to the Herbaceous Weed Control Implementation Requirements for site-

2025:

Area 1, 2, & 3:

1) Treat approximately 65.4 acres of Japanese Barberry, multiflora rose, and privet. Implement

Brush Management by managing or removing woody plants (non-herbaceous) including those that are invasive and noxious. Brush Management is planned to improve or restore quality plant diversity; and maintain, modify, or enhance wildlife habitat. Management will be accomplished through the use of chemical control, and/or hand treatment. Refer to the Brush

Management Implementation Requirements for site-specific treatments planned. Refer to the plan map for the areas on which Brush Management is to be implemented.

2) Treat approximately 65.4 acres of Japanese stilt grass. Remove or control herbaceous weeds, including invasive, noxious, or undesirable plants. Herbaceous Weed Control is planned to improve or restore quality plant diversity; and maintain, modify, or enhance wildlife habitat.

Management will be accomplished through the use of chemical control, and/or hand treatment. Refer to the Herbaceous Weed Control Implementation Requirements for site-

Acreage and treatment data by year:

2023:

Area 1,2,3: -314 Brush Management, 65.4 acres (Chemical, ground applied)

-315 Herbaceous Weed Control, 65.4 acres (Forest Herbaceous Chemical Ground)

2024:

Field 1,2,3: -314 Brush Management, 65.4 acres (Medium Brush Management)

-315 Herbaceous Weed Control, 65.4 acres (Chemical Spot Treatment)

2025:

Field 1,2,3: -314 Brush Management, 65.4 acres (Light Brush Management)

-315 Herbaceous Weed Control, 65.4 acres (Light Spot Treatment)

B. Treatment options for Woody Vegetation removal (Brush Management 314)

Basal Bark Application

This method involves the application of herbicide to woody plants with stems less than 6 inches in basal diameter. Control woody vegetation using the basal bark application method for target woody vegetation includes, but is not limited to, red maple, alder, poison sumac, and multiflora rose.

Herbicide is applied with a backpack sprayer using low pressure and a solid cone or flat nozzle. The herbicide is sprayed on the lowermost 10-12 inches of woody stems, including the root collar zone.

Herbicide will not be applied when snow cover prevents spraying to the ground line. Woody stems will not be saturated to the point that runoff into the soil occurs. Herbicide will not be applied to open water or water present in wetlands. Care will be taken to reduce the risk of herbicide contacting adjacent non-target vegetation, as this may kill beneficial vegetation and introduce herbicide into the surrounding soil.

When controlling woody vegetation with herbicides, approximately 10-20% of the native tree and shrub cover in mucky areas of wetlands will be retained (i.e., not treated), located in or near seeps, springs, rivulets, and mucky areas. Scattered pockets of shrubs will be retained in mucky areas within any emergent portion of wetlands.

Cut and Paint

This method involves the application of herbicide (without surfactant) to cut stumps of shrubs. Stems of shrubs are simply cut near ground level and a small amount of herbicide applied to the stump.

Care is taken not to spill herbicide in wetlands and only a small amount should be painted on each stump.

Mechanical treatment of woody vegetation

This is a possible method for removing large areas of invasive woody plants in the upland acres, via mechanical/mechanized methods like masticators or chippers, especially when plants to be treated vary greatly in both diameter and height. Method used cannot simply cut and drop the vegetation, it must also reduce and disperse the remaining slash and debris. This treatment option is limited to upland fields without wetlands or moist soils.

This treatment option will be followed one year later with backpack application of herbicides to any surviving woody vegetation or any stump sprouts.

C. Treatment options for Herbaceous Weed control (Herbaceous Weed Control 315): (review)

Japanese Stilt Grass (3-year treatment)

Herbicide using the high- or low- pressure spray methods should be used to treat jap. stilt grass with the goal of complete removal within 3 years. Multiple treatments will likely be necessary to achieve this objective.

High-Pressure Spray

This is a foliar application method, intended to deliver herbicide to the leaves and stems of target plants. The high-pressure spray application is intended to treat dense stands of vegetation within which few, or no, non-target plants occur. These high-density stands of vegetation are typically devoid of any other herbaceous vegetation, evidenced by large expanses of bare soil or target species thatch within the proposed treatment area. High-pressure spraying will be done only when vegetation occurs at a high enough density to minimize the risk of effects to non-target plants.

Herbicide is sprayed onto the plants using hand-directed spray equipment, with a spray pressure not to exceed 400 pounds per square inch. At 400 PSI, the sprayer will distribute herbicide as far as 50 feet from the nozzle. High pressure sprayers will be used only to treat large stands of cattail, where herbicide application with hand-held sprayers is not practical.

Low-Pressure Spray and Low-Pressure Spot Spray

These foliar application methods are intended to deliver herbicide to the leaves and/or stems of target plants. Spot spray refers to the spraying of individual plants, around which non-target plants occur. Care is taken to spray just the target plant, so that damage to adjacent, non-target plants is minimized. In contrast, low-pressure spray applications are intended to treat dense stands of the target plant species, within which few or no non-target plants occur. Spraying will be done only when the target plant species occurs at a high enough density to minimize the risk to non-target plants.

Herbicide is sprayed onto the leaves or stem via spray bottle, backpack sprayer, or modified low volume hydraulic applicator with hand-held directed spray equipment with a spray pressure not to exceed 60 pounds per square inch. A wand will be used to ensure that herbicide reaches the tops of tall plants. High pressure sprayers will not be used, as this would increase the risk of herbicide drift. Herbicide drift from the sprayer can kill or damage desirable non-target plants and end up in wetland soils.

Regardless of the application method used, herbicide will be applied in a dilution appropriate for the method of application. When carrying out a foliar application of herbicide, surfactant may be used in accordance with the EPA-approved label instructions to improve efficacy of the herbicide and potentially reduce or eliminate the need for re-treatment.

VI. PERFORMANCE OF SERVICES:

The time spent to perform these items shall vary depending on the complexity of the site and the competence of the contractors involved.

VII. CONTRACTOR QUALIFICATIONS

The Contractor shall:

Requirements for applying all conservation practices:

1. The person(s) performing or supervising the work must be a Certified Commercial Pesticide

Applicator. Any person(s) working under the supervision of the Certified Commercial

Herbicide Applicator must be a Registered Pesticide Technician.

The pesticide licensing terms are from PA Dept. of Ag https://www.agriculture.pa.gov/Plants_Land_Water/PlantIndustry/health-safety/pesticide-programs/PesticideCART/Pages/default.aspx

VIII. CIVIL RIGHTS AND PROGRAM DELIVERY

By signing this contract, the Contractor assures the USDA that the program or activities provided for under this agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. Any and all information gained through this Statement of Work or in the process of carrying out the Invasive and Noxious Species Treatment project are to be held confidential between the Contractor, NRCS, other designated partners and the landowner unless released by the landowner. Information gained may not be shared with others and are considered private to the landowner. The Contractor will protect the privacy of information collected during the technical assistance process according to the provisions of Section 1619 of the Food, Conservation and Energy Act of 2008.

IX. GOVERNMENT PERSONNEL

Technical Representative:

Michael Albert, Natural Resources Specialist

717-237-2229

Michael.Albert@usda.gov

Contracting Officer:

Shermeka Showers https://www.agriculture.pa.gov/Plants_Land_Water/PlantIndustry/health-safety/pesticide-programs/PesticideCART/Pages/default.aspx https://www.agriculture.pa.gov/Plants_Land_Water/PlantIndustry/health-safety/pesticide-programs/PesticideCART/Pages/default.aspx mailto:michael.albert@usda.gov

Phone: 225-271-2407 Email: Shermeka.Showers@USDA.gov

Only the CO may authorize changes.

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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 these addresses:

FAR Clause: https://www.acquisition.gov/FAR/ The following clauses are incorporated by reference:

Contract Clauses:

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(DEC 2022)

(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 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 Federal Acquisition Regulation (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;

(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.

(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;

(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 FAR 32.608-2 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 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. 4701 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.

(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)

Alternate I (Nov 2021). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

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

As used in this clause-

(i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or…