Sol_140F0120Q0233.pdf

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CODE 18a. PAYMENT WILL BE MADE BY

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OFFEROR

F01

PORTLAND OR 97232-4181

911 NE 11TH AVENUE

EASTSIDE FEDERAL COMPLEX

FWS, DIVISION OF CONTRACTING AND GE

0008350430 CODE 16. ADMINISTERED BYCODE

X

X

X

115112

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORF05

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/24/2020 1300 ET

08/20/2020

5032312235Alexander Swift (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140F0120Q0233

5. SOLICITATION NUMBER

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

1 3 0040493213OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

TULELAKE CA 96134-9758

4009 HILL ROAD

FWS KLAMATH BSN NWR COMPLX

15. DELIVER TO

HADLEY MA 01035-9589

300 WESTGATE CENTER DRIVE

9. ISSUED BY

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THIS CONTRACT IS A

RATED ORDER UNDER

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13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FWS, DIVISION OF CONTRACTING AND GE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

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21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotes are being requested and a separate written solicitation will not be issued.

U.S. Fish and Wildlife Service, Portland, OR has a requirement for aerial vegetation control

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

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OFFER

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Prescribed by GSA - FAR (48 CFR) 53.212

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STANDARD FORM 1449 (REV. 2/2012) BACK

24.

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23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

located at The C7 Ranch located at 19909 Skeen ranch road, Sprague River. The anticipated performance period is from 25 August 2020 through

24 August 2021.

This Request for Quotation (RFQ) is a TOTAL SMALL

BUSINESS SET ASIDE and is conducted under the procedures of FAR Parts 12 and 13, incorporating provisions and clauses in effect through Federal

Acquisition Circular 2005-101. The NAICS code is

115112 and the small business size standard is

$800 million.

Instructions

All responsible small business sources may submit a quote, which shall be considered by the agency.

Award will be made as a firm-fixed-price contract. The basis of award is the lowest price determined fair and reasonable Award will be made to a responsible source pursuant to FAR subpart

9.1.

Please submit your quotation (showing unit and total price) on company letterhead or the enclosed SF-1449 form with DUNS No. and point of contact phone number and e-mail address.

Additionally, if your company holds a GSA contract that would apply to this requirement, please provide the contract number. Refer to FAR provision 52.212-1 Instructions to Offerors ¿

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140F0120Q0233

Commercial Items for additional submission guidance, and include a copy of FAR provision

52.212-3 Offeror Representations and

Certifications -- Commercial Items with applicable sections completed.

Requests for Information Due: 24 August 2020 alexander_swift@fws.gov

Quotes Due: 24 August 2020 by 1000.

Mailed Quote Submission: Alex Swift ¿ Contracting and General Services

U.S.

Fish and Wildlife Service, 911 NE 11th Avenue, Portland, OR 97232

E-Mailed Quote Submission: alexander_swift@fws.gov

In order to have a quote considered for award, respondent must be registered at the System for

Award Management (SAM) website

(https://www.sam.gov) as an active vendor by the time an award decision is necessary.

Delivery: 08/23/2021

Period of Performance: 08/24/2020 to 08/23/2021

00010 VEGETATION CONTROL

00020 VEGETATION CONTROL

This is a firm-fixed price contract

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

Sponsored by GSA

FAR (48 CFR) 53.110

Klamath Basin NWR Aerial Vegetation Control 140F0120Q0233

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

U.S. Fish and Wildlife Service, Portland, OR has a requirement for aerial vegetation control located at The C7 Ranch located at 19909 Skeen ranch road, Sprague River. The anticipated performance period is from 25 August 2020 through 24 August 2021.

This Request for Quotation (RFQ) is a TOTAL SMALL BUSINESS SET ASIDE and is conducted under the procedures of FAR Parts 12 and 13, incorporating provisions and clauses in effect through Federal Acquisition Circular 2005-101. The NAICS code is 115112 and the small business size standard is $800 million.

Instructions All responsible small business sources may submit a quote, which shall be considered by the agency. Award will be made as a firm-fixed-price contract. The basis of award is the lowest price determined fair and reasonable Award will be made to a responsible source pursuant to FAR subpart 9.1.

Please submit your quotation (showing unit and total price) on company letterhead or the enclosed SF-1449 form with DUNS No. and point of contact phone number and e-mail address.

Additionally, if your company holds a GSA contract that would apply to this requirement, please provide the contract number. Refer to FAR provision 52.212-1 Instructions to Offerors – Commercial Items for additional submission guidance, and include a copy of FAR provision 52.212-3 Offeror Representations and Certifications -- Commercial Items with applicable sections completed.

Requests for Information Due: 24 August 2020 alexander_swift@fws.gov Quotes Due: 24 August 2020 by 1000.

Mailed Quote Submission: Alex Swift – Contracting and General Services U.S. Fish and Wildlife Service, 911 NE 11th Avenue, Portland, OR 97232 E-Mailed Quote Submission: alexander_swift@fws.gov

In order to have a quote considered for award, respondent must be registered at the System for Award Management (SAM) website (https://www.sam.gov) as an active vendor by the time an award decision is necessary.

Statement of Work

STATEMENT OF WORK

Klamath Basin NWRC Cost Center- FF08RKLC00 Restoration of WRP, C7 Ranch Vegetation Control Partners for Fish and Wildlife Klamath Basin NWRC

1. GENERAL:

1.1 The U.S. Fish and Wildlife Service (FWS), Partners for Fish and Wildlife Program has a requirement for noxious weed control at the C7 Ranch (19909 Skeen ranch road, Sprague River

Oregon). This contract will cover 1-4 treatments, as needed, in 2020 and 2021 (up to 2 application each year).

1.2 Purpose: The purpose of this work is for treatment of invasive species at the C7 Ranch.

Specific work will include the treatment of the following invasive and undesirable species:

meadow foxtail (Alopecurus pratensis), and other undesirable weed species. Treatments would use a glyphosate product that is labelled for aquatic environments (e.g. Rodeo, Aquaneat, Roundup Custom) and a surfactant that is considered practically non-toxic (e.g. Agridex). GPS data of treatment must be provided and compatible with Arc GIS and submitted prior to the release of payment.

1.3 Product Features

Brand Name: AquaNeat, Rodeo, Roundup Custom, or equal Quantity Requested: 223-446 Gallons Salient Characteristics: 53.8% Glyphosate; 4lb a.e./gallon Capabilities: Must be labeled for aquatic environments.

Brand Name: Agri-Dex crop oil surfactant or equal Quantity Requested: 67-134 gallons (2.5 gallon containers preferred) Salient Characteristics: 99.0% Heavy range paraffinic oil Capabilities: Product must be listed as practically non-toxic to rainbow trout and daphnids in Appendix A and/or the Spray Adjuvants for use on aquatic sites in Washington (May 2017) document. Specimen label must also allow for use in aquatic environments. Exact brand name is strongly preferred.

1.4 Contractor qualifications: Contractors shall 1) have all the appropriate licenses and permits needed for the pesticide applications specified in the statement of work for Oregon, 2) have the ability to upload treatment maps and treat discrete locations, 3) must have all appropriate equipment to complete all treatments, and 4) have the capability to provide tracked location information in a format compatible with Arc GIS.

1.5 The Vendor must agree to follow all U.S. Fish and Wildlife Service, Department of Interior, local, state and federal pesticide regulations. This includes conditions specified in the approved FWS Pesticide Use Proposals, which will be provided prior to treatments.

1.6 Other: Under the Federal Noxious Weed Act of 1974, as amended, federal agencies are required to develop and implement an integrated management plan for suppression of listed noxious weeds, this contract is part of the implementation phase of this requirement.

2. PLACE/DELIVERY AND PERIOD OF PERFORMANCE:

2.1 Place of performance: The C7 Ranch located at 19909 Skeen ranch road, Sprague River Oregon (Figure 1). At no time will funding be used to conduct restoration work activities on lands under the other jurisdiction (i.e. Cities of Klamath Falls, BLM, CDFW, State and/or Federals Refuges, etc.).

2.2 The contract window shall be from approximately May 15, 2020 to November 1, 2021.

Actual herbicide application date(s) will be specified by the U.S. Fish and Wildlife Service to coordinate herbicide application with the physiological development of the target weeds to achieve maximum effect of the herbicide.

2.3 The project will consist of 1-2 applications at a rate of up to 4 lbs a.e./ac (e.g. 4 qts/ac of Roundup Custom) with the surfactant, Agridex (2 pts/ac), on up to 223 acres (Figure 2), each are Optional Line Items. Optional Line Item 1: One application of 223 acres in 2020 (if exercised);

Option Line Item 2: A second application of up to 223 acres in 2020 (if exercised); Option Line https://static1.squarespace.com/static/50d37c2ce4b09ff030bc2f7b/t/5ada2b7c575d1ffe151bf1ff/1524247421643/Spray+Adjuvants+Registered+For+Use+on+Aquatic+Sites+in+Washington+201705....pdf

Item 3: A third application of 223 acres in 2021 (if exercised); and Option Line Item 4: A fourth application of up to 223 acres in 2021 (if exercised). No spray buffers of 100-ft are required adjacent to the easement boundary (Figure 2).

2.4 Normal FWS duty hours are Monday thru Friday, 8:00 AM – 4:30 PM. In the event of emergencies, the Vendor shall provide contact information. Emergency/Miscellaneous maintenance functions may be required to be scheduled during non-duty hours due to the nature of the work or specific scheduling requirements

2.5 FWS Non-duty hours include weeknights, weekends, and Government holidays.

3. SCOPE:

3.1 Provide application of herbicides and associated adjuvants for the control of meadow foxtail (Alopecurus pratensis), and other undesirable weed species at the C7 Ranch. Treatment size is estimated at 223 acres. Treatments would occur between May 15th and September 15th.

Fish and Wildlife Service policy requires all herbicides are applied in a manner that minimizes impacts to the environment, yet control the target pest(s).

All treatment areas, are in remote hard to access environments. Soil substrate in some areas may be saturated, and access by foot, ATV/UTV, tractor, and truck in many areas is extremely difficult. Terrain across the majority of the area is uneven, and maintaining appropriate spraying speed, for the purpose of maintaining a consistent rate may be difficult.

The vendor shall supply appropriate spray equipment, applicator(s), and support (equipment and personnel) for mixing, loading and application of herbicides. The Vendor shall report to U.S. Fish and Wildlife Service the total quantity of herbicides used, the number of acres treated and GPS locations of all spot infestations treated for this contract. The service will provide herbicide and adjuvant, as well as maps that can added into pesticide application software.

Detailed reports describing these techniques and their effectiveness have been employed upon the project site; results of which are available for review upon request. The Fish and Wildlife Service staff will provide the contractor with maps of work areas, a prioritized schedule to work from, and field quality control checks. All equipment, including tractors, aircraft, implements, PPE, spare parts, fuel, and so forth, will be provided by the contractor. All repairs and servicing of equipment and PPE will be the responsibility of the contractor. The contractor will provide progress reports following each application, to Service staff via conversations, in-person meetings, or email to update staff on accomplishments and issues.

4. INSPECTION AND ACCEPTANCE:

4.1 The contractor will be evaluated as detailed herein. All work included in the contract specifications shall be subject to inspections by the U.S. Fish and Wildlife Service at periodic intervals during performance of this contract. Final acceptance shall be based upon satisfactory completion of the work in accordance with the specifications on a task by task basis.

5. GOVERNMENT FURNISHED EQUIPMENT OR MATERIALS/INFORMATION:

5.1 U.S. Fish and Wildlife Service shall provide Pesticide Use Proposals, to meet USFWS reporting and approval requirements. No government furnished equipment or materials will be provided except of field maps and work prioritization lists.

COORDINATOR:

Dustin Taylor, Partners Biologist

Klamath Basin National Wildlife Refuge Complex 4009 Hill Road Tulelake, CA 96134 Phone: 530-667-8312

FAX: 530-667-8337

Cell: 541-891-2163 (preferred) Email: dustin_taylor@fws.gov

Point of Contact (Administrative):

LaDel J Bonham Administrative Officer Klamath Basin National Wildlife Refuge Complex 4009 Hill Road Tulelake, CA 9613

APPENDIX A: Adjuvants: Surfactants, Wetters/Spreaders/Stickers/Extenders/Penetrants, Anti-foamers, Water Conditioning Agents, Oils April 5, 2018 The table below indicates the function and use of various adjuvants for consideration by USFWS when applying pesticides in aquatic and/or terrestrial environments. This non-exhaustive list of adjuvants is in alphabetical order. No discrimination or endorsement intended. There are > 3000 adjuvants available. This is a short list of those sometimes used by USFWS.

When using adjuvants with pesticides within 25 feet of surface waters/ aquatic habitats, the USFWS recommends choosing adjuvants that are practically non-toxic or have slight acute toxicity (LC50 >10 mg/L (ppm)) to aquatic organisms. Some of the many adjuvants on the market that meet that criterion are noted below in the Use Comment section as “Aquatic.” Some products contain alkyl phenol ethoxylate (APE), which scientific peer-reviewed literature indicate can adversely impact aquatic life. Selecting adjuvants for use in aquatic/riparian sites that do not contain APEs may lower the potential for non-target resource impacts.

A Compendium of Herbicide Adjuvants is available at: https://ppp.purdue.edu/wp-content/uploads/2016/11/PPP-115.pdf Definitions related to adjuvant types can be found at the end of this document.

This list was adapted from the Washington State Department of Agriculture, Pesticide Management Division, Registration and Licensing Services Program Spray Adjuvants Registered for Use on Aquatic Sites in Washington (May 2017). Toxicity data are from studies submitted to U.S. Environmental Protection Agency by the registrants.

Product Name / WA State Registration Number

REGISTRANT FUNCTION

Principal Functioning Agents

Acute Toxicity - Rainbow Trout

(USEPA)

Acute Toxicity - Daphnids

(USEPA)

USE COMMENT

Agri-Dex / WA 5905- 50094

Helena Chemical Company

Non-ionic surfactant

Petroleum oil, polyoxyethylene sorbitan fatty acid ester, sorbitan fatty acid ester

LC50 (96 hour) >1000 mg/l; LC50 (96 hour) 271 mg/l, Smith et al 2004) Practically non-toxic

LC50 (48 hour) >1000 mg/l, Practically non-toxic

Aquatic/Terrestrial

Atmos /WA 1381- 13006

Winfield Solutions Surfactant methylated seed oil, saccharides, sorbitan fatty acid ester

LC50 (96 hour)

21.71 mg/L, Slightly toxic

EC50 (48 hour)

28.63 mg/L, Slightly toxic

Aquatic/Terrestrial

Bond / WA 34704- 04003

Loveland Products Sticker, extender, spreader, deposition agent.

Regulates droplet size, reduces drift.

Synthetic latex, alcohol ethoxylate

LC50 (96 hour) 190 mg/l, Practically non- toxic

LC50 (48 hour) 614 mg/l, Practically non-toxic

Terrestrial- labelled for use with agricultural chemicals https://ppp.purdue.edu/wp-content/uploads/2016/11/PPP-115.pdf

Product Name / State Registration Number

REGISTRANT FUNCTION

Principal Functioning Agents

Acute Toxicity - Rainbow Trout

(USEPA)

Acute Toxicity – Daphnids

(USEPA)

USE COMMENT

Brandt Magnify /

WA 48813-15003

Brandt Consolidated

Water conditionin g agent/ penetrant

Alkyl polyglycoside, ammonium sulfate, ammonium nitrate

LC50 (96 hour) >100 mg/L, Practically non- toxic

EC50 (48 hour)

7.70 mg/L, Moderately toxic

Terrestrial use only.

Breeze /WA 1381- 13007

Winfield Solutions Non-ionic surfactant, spreader, penetrant, water conditioner acidifier

Saccharides alkyl polyglycoside, ammonium sulfate

LC50 (96 hour) >100 mg/l, Practically non-toxic

EC50 (48 hour) >100 mg/l, Practically non-toxic

Terrestrial/Aquatic

Bronc Max / WA 2935- 03005

Wilbur-Ellis Company

Water conditioning agent only

Ammonium sulfate, dodecylbenzenesulfonic acid sodium salt, citric acid, dimethylpolysiloxane

LC50 (96 hour) ≥100 mg/l, Slightly toxic to Practically non-toxic

EC50 (48 hour) >100 mg/l, Practically non-toxic

Aquatic/Terrestrial Due to concerns for bees regarding siloxane, be aware if sensitive insect pollinators are present.

Bronc Plus Dry/WA 2935-12005 (mostly used w glyphosate products)

Wilbur-Ellis Company

Non-ionic surfactant, anti-foaming agent

Ammonium sulfate, urea, polyoxyethylene-polyoxypropylene copolymer, citric acid, dimethylpolysiloxane

LC50 (96 hour)

382.9 mg/l, Practically non- toxic

EC50 (48 hour)

223.6 mg/l, Practically non-toxic

Aquatic/Terrestrial Due to concerns for bees regarding siloxane, be aware if sensitive insect pollinators are present.

Bronc Plus Dry-EDT

/ WA 2935-

03002

Wilbur-Ellis Company

Non-ionic surfactant, deposition and anti-foam agent

Ammonium sulfate, urea, polyoxyethylene-polyoxypropylene copolymer, citric acid, polyacrylamide, dimethylpolysiloxane

LC50 (96 hour)

382.9 mg/l, Practically non- toxic

EC50 (48 hour)

223.6 mg/l, Practically non-toxic

Aquatic/Terrestrial Due to concerns for bees regarding siloxane, be aware if sensitive insect pollinators are present.

Cide-Kick II M/ WA 999400-12001

Brewer International

Activator/ penetrant, wetter

Limonene, modified vegetable (seed) oil, alcohol, alcohol ethoxylate

LC50 (96 hour) 45 mg/l, Slightly toxic

EC50 (48 hour)

6.6 mg/l, Moderately toxic

Terrestrial use only.

Class Act NG/ WA 1381-01004

Winfield Solutions Non-ionic surfactant, water conditioning agent

Ammonium sulfate, saccharides, alkyl polyglycoside

LC50 (96 hour) 447 mg/l, Practically non- toxic

EC50 (48 hour) 377 mg/l, Practically non-toxic

Aquatic/Terrestrial

/ State Registration Number

REGISTRANT FUNCTION

Principal Functioning Agents

Acute Toxicity - Rainbow Trout

(USEPA)

Acute Toxicity

– Daphnids

(USEPA)

USE COMMENT

Competitor / WA 2935- 04001

Wilbur-Ellis Company

Non-ionic emulsifying surfactant

Modified vegetable (seed) oil, polyethylene glycol fatty acid ester, polyoxyethylene sorbitan fatty acid ester

LC50 (96 hour) 95 mg/l, Slightly toxic

LC50 (48 hour) >100 mg/l, Practically non-toxic

Aquatic/Terrestrial

Cut-Rate / WA 2935- 06001 (often used w glyphosate products)

Wilbur-Ellis Company

Water conditioning agent

Ammonium sulfate, citric acid

LC50 (96 hour)

782.2 mg/l, Practically non- toxic

EC50 (48 hour)

223.6 mg/l, Practically non-toxic

Aquatic/Terrestrial

Cygnet Plus / 105114-50001

Brewer International

Non-ionic sticker, penetrant, wetting agent.

Limonene,modified vegetable (seed) oil, alcohol ethoxylate

LC50 (96 hour) 45 mg/l, Slightly toxic

EC50 (48 hour)

6.6 mg/l, Moderately toxic

Terrestrial use only.

Denali-EA/ 2935- 15006

Wilbur-Ellis Company

Non-ionic surfactant, buffer, and acidifier.

Polyoxyalkylene Polyol Fatty Acid Ester, alcohol ethoxylate, Citric acid

LC50 (96 hour)

11.25 mg/L, Slightly toxic

EC50 (48 hour)

9.746 mg/L, Moderately toxic

Terrestrial use only.

Destiny HC / WA 1381- 09002

Winfield Solutions Concentrated modified oil surfactant.

Modified vegetable (soy) oil, saccharides, sorbitan fatty acid ester

LC50 (96 hour)

21.71 mg/L, Slightly toxic

EC50 (48 hour)

28.63 mg/L, Slightly toxic

Terrestrial use only.

Used as an adjuvant with crops.

Droplex / WA 1381- 12001

Winfield Solutions Deposition aid;

reduces product drift

Modified vegetable (seed) oil, polyoxyethylene sorbitan fatty acid ester, vegetable (seed) oil

LC50 (96 hour) >100 mg/l, Practically non- toxic

EC50 (48 hour) >100 mg/l, Practically non-toxic

Aquatic/Terrestrial Use as herbicide label requires.

/ State Registration Number

REGISTRANT FUNCTION

Principal Functioning Agents

Acute Toxicity - Rainbow Trout

(USEPA)

Acute Toxicity - Daphnids

(USEPA)

USE COMMENT

Dyne-Amic / WA 5905- 50071

Helena Chemical Company

Non-ionic surfactant, silicone spreader, and oil blend

Modified vegetable (seed) oil, polysiloxane polyether copolymer, alkyl phenol ethoxylate

LC50 (96 hour)

23.2 mg/l, Slightly toxic

LC50 (48 hour) 60 mg/l, Slightly toxic

Aquatic/Terrestrial Due to concerns for bees regarding siloxane, be aware if sensitive insect pollinators are present.

Fast Break / WA 1381- 50006

Winfield Solutions Anti-foaming agent

Dimethylpolysiloxane, methylated silicon

LC50 (96 hour) >1000 mg/l, Practically non- toxic

EC50 (48 hour) >100 mg/l, Practically non-toxic

Aquatic/Terrestrial Due to concerns for bees regarding siloxane, be aware if sensitive insect pollinators are present.

Fraction / WA 45989-06001

Kalo Water conditioning agent

Ammonium sulfate, citric acid

LC50 (96 hour)

782.2 mg/l, Practically non- toxic

EC50 (48 hour)

223.6 mg/l, Practically non-toxic

Aquatic/Terrestrial

Hasten-EA /

WA2935- 15003

Wilbur-Ellis Company

Non-ionic surfactant

Modified vegetable (seed) oil, polyethylene glycol fatty acid ester

LC50 (96 hour) 375 mg/l, Practically non- toxic

EC50 (48 hour)

84.615 mg/l, Slightly toxic

Aquatic/Terrestrial

Inergy / WA 1381- 13001

Winfield Solutions Surfactant Modified vegetable (seed) oil, polysiloxane polyether copolymer, alkyl phenol ethoxylate

LC50 (96 hour)

37.5 mg/l, Slightly toxic

EC50 (48 hour)

127.27 mg/l, Practically non-toxic

Aquatic/Terrestrial Due to concerns for bees regarding siloxane, be aware if sensitive insect pollinators are present.

InterLock / WA 1381- 05004

Winfield Solutions Improves deposition/ reduces product drift and evaporation

Modified vegetable (seed) oil, polyoxyethylene sorbitan fatty acid ester, vegetable oil

LC50 (96 hour) >100 mg/l, Practically non- toxic

EC50 (48 hour) >100 mg/l, Practically non-toxic

Aquatic/Terrestrial

/ State Registration Number

REGISTRANT FUNCTION

Principal Functioning Agents

Acute Toxicity - Rainbow Trout

(USEPA)

Acute Toxicity– Daphnids

(USEPA)

USE COMMENT

Kinetic / WA 5905- 11004

Helena Chemical Company

Non-ionic surfactant wetter/ spreader/ penetrant

Polysiloxane polyether copolymer, polyoxypropylene-polyoxyethylene copolymer

LC50 (96 hour)

13.9 mg/l, Slightly toxic

LC50 (48 hour)

60.7 mg/l, Slightly toxic

Aquatic/Terrestrial Due to concerns for bees regarding siloxane, be aware if sensitive insect pollinators are present.

Level 7 / WA 1381- 05002

Winfield Solutions Non-ionic surfactant/water conditioning agent/ spreader/ penetrant/ acidifier

Saccharides alkyl polyglycoside, ammonium sulfate

LC50 (96 hour) >100 mg/l, Practically non- toxic

EC50 (48 hour) >100 mg/l, Practically non-toxic

Aquatic/Terrestrial

LI 700 / WA 34704-

04007

Loveland Products Penetrant/ acidifier/ drift control agent/ deposition aid

Lecithin, propanoic (propionic) acid, alkyl phenol ethoxylate

LC50 (96 hour) 130 mg/l, Practically non- toxic

LC50 (48 hour) 190 mg/l, Practically non-toxic

Aquatic/Terrestrial

NIS-EA / WA 2935-

14001

Wilbur-Ellis Company

Non-ionic surfactant/ antifoaming agent/ wetter/ deposition aid

Polyoxyethylene sorbitan fatty acid ester, butyl lactate, alcohol ethoxylate phosphate ester

LC50 (96 hour)

82.609 mg/L, Slightly toxic

EC50 (48 hour)

218.75 mg/l, Practically non-toxic

Aquatic/Terrestrial

One-AP XL / WA 45989- 02001

KALO, Inc. Non-ionic surfactant / deposition aid / antifoaming agent

Ammonium sulfate, urea, polyoxyethylene-polyoxypropylene copolymer, citric acid, polyvinyl polymer (polyacrylamide), dimethylpolysiloxane

LC50 (96 hour)

382.9 mg/l, Practically non- toxic

EC50 (48 hour)

223.6 mg/l, Practically non-toxic

Aquatic/Terrestrial Due to concerns for bees regarding siloxane, be aware if sensitive insect pollinators are present.

Pro AMS Plus / WA 71058-50001

Independent Agribusiness Professionals

Drift retardant Ammonium sulfate, ammonium nitrate, alkyl polyglycoside

LC50 (96 hour) >100 mg/l, Practically non- toxic

EC50 (48 hour)

7.7 mg/l, Moderately toxic

Terrestrial use only.

/ State Registration Number

REGISTRANT FUNCTION

Principal Functioning Agents

Acute Toxicity - Rainbow Trout

(USEPA)

Acute Toxicity - Daphnids

(USEPA)

USE COMMENT

R-11/ WA 2935-

50142

Wilbur-Ellis Company

Non-ionic surfactant/ spreader

Alky phenol ethoxylate, butyl alcohol, dimethylsiloxane

LC50 (96 hour)

6.09 mg/L, Moderately toxic

LC50 (48-hour)

13.2 mg/L and extinction at 0.9 mg/L

Terrestrial use only.

Due to concerns for bees regarding siloxane, be aware if sensitive insect pollinators are present.

Rainier-EA / WA 2935- 15001

Wilbur-Ellis Company

Non-ionic surfactant / deposition aid / spreader

Polyoxyethylene sorbitan fatty acid ester, butyl lactate, alcohol ethoxylate phosphate ester

LC50 (96 hour)

82.609 mg/L, Slightly toxic

EC50 (48 hour)

218.75 mg/l, Practically non-toxic

Aquatic/Terrestrial

Renegade-EA/ WA 2935-15002

Wilbur-Ellis Company

Non-ionic surfactant / deposition aid / wetter /penetrant

Modified vegetable (seed) oil, ammonium nitrate, urea

LC50 (96 hour)

42.045 mg/l, Slightly toxic

EC50 (48 hour) 25 mg/l, Slightly toxic

Aquatic/Terrestrial

Spray-Rite / WA 7001- 09003

J R Simplot Water conditioner/ acidifier

Ammonium sulfate, citric acid

LC50 (96 hour)

782.2 mg/l, Practically non- toxic

EC50 (48 hour)

223.6 mg/l, Practically non-toxic

Aquatic/Terrestrial

Superb HC / WA 1381- 06003

Winfield Solutions Non-ionic surfactant /emulsifier

Petroleum oil, saccharides, polyoxyethylene sorbitan fatty acid ester

LC50 (96 hour) 45 mg/L, Slightly toxic

EC50 (48 hour) >100 mg/L, Practically non-toxic

Aquatic/Terrestrial

READ LABEL

CAREFULLY

Syl-Tac-EA / WA 2935- 15004

Wilbur-Ellis Company

Surfactant/ spreader/ wetter/ penetrant

Modified vegetable (seed) oil, polysiloxane polyether copolymer, polyethylene glycol fatty acid ester

LC50 (96 hour) 45 mg/L, Slightly toxic

EC50 (48 hour)

137.5 mg/L, Practically non-toxic

Aquatic/Terrestrial Due to concerns for bees regarding siloxane, be aware if sensitive insect pollinators are present.

/ State Registration Number

REGISTRANT FUNCTION

Principal Functioning Agents

Acute Toxicity - Rainbow Trout

(USEPA)

Acute Toxicity- Daphnids

(USEPA)

USE COMMENT

Tactic / WA Loveland Spreader/ Synthetic latex, LC50 (96 hour) EC50 (48 hour) 34704-05008 Products sticker/ propylene glycol, >100 mg/l, 310 mg/l, deposition aid alcohol ethoxylate, Practically non- Practically non-polysiloxane polyether toxic toxic copolymer

Aquatic/Terrestrial : Due to concerns for bees regarding siloxane, be aware if sensitive insect pollinators are present.

Trail Blazer / Aspect Ag Non-ionic Vegetable (seed) LC50 (96 hour) EC50 (48 hour)

WA 91327-

15009

LLC surfactant oil ethoxylates, tall oil fatty acids

>200 mg/l, Practically non-

28.9 mg/l, Slightly toxic

Aquatic/Terrestrial toxic Tronic / WA KALO, Inc. Non-ionic Vegetable (seed) oil LC50 (96 hour) EC50 (48 hour) 45989-06003 surfactant ethoxylate, tall oil fatty acids >200 mg/l, Practically non-

28.9 mg/l, Slightly toxic

Aquatic/Terrestrial toxic Turbulence / Winfield Non-ionic Modified vegetable LC50 (96 hour) EC50 (48 hour) Aquatic/Terrestrial

WA 1381-

13008

Solutions surfactant (seed) oil, polysiloxane polyether copolymer, alkyl phenol

37.5 mg/l, Slightly toxic

127.27 mg/l, Practically non-toxic

Due to concerns for bees regarding siloxane, be aware if sensitive insect pollinators are present.

ethoxylate Yardage / WA Exacto Penetrant, drift Propanoic LC50 (96 hour) EC50 (48 hour) 52467-13001 control agent, acidifier (propionic) acid, alcohol ethoxylate,

34.38 mg/l, Slightly toxic

14.68 mg/l, Slightly toxic

Aquatic/Terrestrial lecithin Adapted from the Washington State Department of Agriculture, Pesticide Management Division, Registration and Licensing Services Program Spray Adjuvants Registered for Use on Aquatic Sites in Washington (2016) For Washington state Information:

To verify that a spray adjuvant is allowed for use by an aquatic pesticide permit, refer to the Washington Department of Ecology (www.ecy.wa.gov/programs/wq/pesticides/index.html).

For information regarding the registration of spray adjuvants in Washington, contact Kelle Davis (Registration Services Supervisor) at:

360-902-1851 or email kmdavis@agr.wa.gov.

http://www.ecy.wa.gov/programs/wq/pesticides/index.html) mailto:kmdavis@agr.wa.gov

Adjuvants – Additives (compounds) mixed with pesticides to increase pesticide biological performance and/or modify physical properties of the spray application. They may be built-in to the pesticide product, or tank mixed with the pesticide product by the end-user. Spray Modifier Adjuvants include: anti-foaming agents, stabilizers, wetting agents, sticker-spreaders, and water conditioning agents, drift control agents. The American Society of Testing and Materials Standards (ASTM) www.astm.org has extensive information on adjuvants at https://www.astm.org/search/fullsite-search.html?query=adjuvants& Activator adjuvants: enhance the herbicide activity and include surfactants, penetrants, oils (seed oils and petroleum-based oil), fertilizers.

Surfactants - enhance the surface-acting properties such as absorbing, emulsifying, dispersing, spreading, sticking, wetting, or penetrating properties of herbicides.

Ionic surfactants – may be anionic or cationic; commonly the tallow amine ethoxylates, often used in agricultural pesticides. Non-ionic surfactants – are water-loving (hydrophilic) (sometimes sold as solids and require addition of a co-solvent.) Organosilicone (silicone) surfactants – greatly reduce surface tension to aid herbicide coverage and penetration (superspreaders).

Sometimes sold in combination with a non-ionic surfactant, so there is increased spreading and decreased time to penetrate the plant.

Wetters/Spreaders – help the herbicide spread over and penetrate the outer layer of a leaf or to penetrate through the small hairs present on a leaf/plant surface. Ethoxylated fatty amines, alkyl phenol ethoxylates; alcohol ethoxylates; and silicones.

Stickers - increase the stickiness, adhesion, deposition and retention of the herbicide on the plant surface; may reduce evaporation of the herbicide; act as a waterproofing to allow the herbicide to act.

Extenders – increases the effective life of the chemical.

Acidifiers/buffering agents/water conditioners - used to counter water quality conditions related to mixing herbicides and water spray solutions. pH buffers are useful with extremely alkaline or acid water, which otherwise can adversely affect herbicide performance. Water condition agents may chelate the cations, increasing herbicide performance.

Anti-foaming agents – eliminate or reduce foaming that might occur with agitation of the spray mixture.

Drift control agents – increase droplet size to reduce droplet drift. Sometimes thickening agents are used to control drift.

Oils – reduce surface tension, increase herbicide absorption through plant tissues, increase coverage, and spray retention. Seed oils- extracted from seeds;

naptha-based oils are petroleum based oil.

Penetrants – enhances the ability of the chemical to penetrate the plant, often the oils are penetrants.

Sometimes nitrogen fertilizers (ammonium nitrate, ammonium sulfate) are formulated with a surfactant to increase herbicidal activity or counter hard water.

http://www.astm.org/ http://www.astm.org/search/fullsite-search.html?query=adjuvants http://www.astm.org/search/fullsite-search.html?query=adjuvants

Figure 1. Location of the C7 ranch in Klamath County, Oregon.

Figure 2. Location of the areas where 223 acres of weed control are needed at the C7 Ranch in Klamath County, Oregon.

Klamath Basin Aerial Vegetation Control SOLICITATION NO. 140F0120Q0233

FWS

ADDITIONAL CONTRACT REQUIREMENTS (PROVISIONS AND CLAUSES)

FAR Provisions by Reference 52.204-16 – Commercial and Government Entity Code Reporting 52.211-6 – Brand Name or Equal

FAR Provisions – Full Text FAR Clauses by Reference 52.204-18 Commercial and Government Entity Code Maintenance 52.212-4 Contract Terms and Conditions – Commercial Items 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.245-1 – Government Property

FAR Clauses – Full Text

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Oct 2018)

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

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (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).

[X] (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 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)).

[ ] (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 (Nov 2011) (15 U.S.C. 657f).

[X] (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 Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X] (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

[ ] (ii) Alternate I (Feb 1999) of 52.222-26.

[ ] (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

[ ] (ii) Alternate I (July 2014) of 52.222-35.

[X] (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

[ ] (ii) Alternate I (July 2014) of 52.222-36.

[ ] (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

[ ] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

[X] (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

[ ] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

[ ] (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 [ ] (ii) Alternate I (Oct 2015) of 52.223-13.

[ ] (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-14.

[ ] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

[ ] (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

[ ] (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

[ ] (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

[ ] (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

[ ] (ii) Alternate I (Jan 2017) of 52.224-3.

[ ] (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

[ ] (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).

[ ] (ii) Alternate I (May 2014) of 52.225-3.

[ ] (iii) Alternate II (May 2014) of 52.225-3.

[ ] (iv) Alternate III (May 2014) of 52.225-3.

[ ] (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[ ] (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

[ ] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[ ] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

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

[ ] (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

[ ] (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[ ] (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[ ] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

[ ] (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

[ ] (ii) Alternate I (Apr 2003) of 52.247-64.

[ ] (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

[ ] (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) [X] (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

[ ] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

[ ] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[ ] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

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

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

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

(e)

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

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

3509).

(ii) 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)).

(iii) 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).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment…