Sol_140F0922Q0155.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

FGS

Falls Church VA 22041 5275 Leesburg Pike FWS Goods & Services

0008349877 CODE 16. ADMINISTERED BYCODE

X

X

X

561710

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORFGS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/20/2022 1700 ED

09/10/2022

7033582024Tonia Ellen (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140F0922Q0155

5. SOLICITATION NUMBER

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

1 28 0040586969OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

VIRGINIA BEACH VA 23456-4023

1324 SANDBRIDGE ROAD

FWS BACK BAY NWR

15. DELIVER TO

Falls Church VA 22041 5275 Leesburg Pike

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$12.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FWS Goods & Services

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

U.S. Fish & Wildlife Service is seeking qualified Contractors for aerial spraying of herbicide for the control and eradication of target Phragmites australis (common reed), through the application of chemical herbicides on specified areas at Back Bay National Wildlife Refuge (Refuge).

Work shall consist of furnishing all necessary chemicals, equipment, labor, water (carrier), insurance and supervision necessary to accomplish

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Tonia Ellen

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

the specified vegetative control measures.

Spraying will take place by rotary wing aircraft

(helicopter).

In accordance with the terms of FAR 12.603:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number for this requirement is

140F0922Q0155 and this is a Request For Quote

Firm Fixed Price

The solicitation document and incorporated provisions and clauses are those in effect through

FAR FAC 2022-06 thru May 26, 2022

The associated NAICS code is 561710

This is a Small Business Set-Aside

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

28 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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

140F0922Q0155

The statement of work is in the attachment entitled Aerial Herbicide Application

Back Bay National Wildlife Refuge,Virginia Beach, VA

Location: 4005 Sandpiper Road, Virginia Beach, VA

23456

The provision at 52.212-1, Instructions to

Offerors Commercial, applies to this acquisition and a statement regarding any addenda to the provision.

The provision at 52.212-2, Evaluation Commercial

Items, is applicable.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications Commercial Items, with its offer, or submit a printout to their Online Reps and Certs.

The clause at 52.212-4, Contract Terms and

Conditions Commercial Items, applies to this acquisition.

The clause at 52.212-5, Contract Terms and

Conditions Required To Implement Statutes or

Executive Orders Commercial Items, applies to this acquisition.

G - Contract Administration Data

Electronic Invoicing and Payment Requirements -

Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's

Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the

Contractor. To constitute a proper invoice, the payment request must comply with the requirements

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

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

140F0922Q0155 identified in the applicable Prompt Payment clause included in the contract, or the clause

52.212-4 Contract Terms and Conditions -

Commercial Items included in commercial item contracts. The IPP website address is:

https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the

IPP invoice [Contracting Officer to edit and include the documentation required under this contract]:

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government

Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production

Helpdesk via email

IPPCustomerSupport@fiscal.treasury.gov or phone

(866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

I - Contract Clauses

52.252-2 Clauses Incorporated by Reference. (FEB

1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the

Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this website:

https://www.acquisition.gov/browse/index/far

52.204-7 System for Award Management. (OCT 2018)

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52.204-13 System for Award Management

Maintenance. (OCT 2018)

52.212-3 Offeror Representations and

Certifications-Commercial Items. (FEB 2021)

52.212-4 Contract Terms and Conditions -

Commercial Items. (OCT 2018)

52.212-1 Instructions to Offerors - Commercial

Items. (JUL 2021)

52.223-1 Biobased Product Certification. (MAY

2012)

52.223-2 Affirmative Procurement of Biobased

Products Under Service and Construction

Contracts. (SEP 2013)

52.225-25 Prohibition on Contracting with

Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and

Certifications. (JUN 2020)

52.232-40 Providing Accelerated Payments to Small

Business Subcontractors. (DEC 2013)

52.204-24 Representation Regarding Certain

Telecommunications and Video Surveillance

Services or Equipment. (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications

Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and

Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at

52.212-3.

(a) Definitions. As used in this provision-

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140F0922Q0155

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance

Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the

John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after

August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain

National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service

Continued ...

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

140F0922Q0155 that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that-

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph

(e)(2) of this section if the Offeror responds

"does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

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(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(1) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the

Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the

Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(2) of this provision.

Continued ...

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(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services.

Delivery: 10/31/2023

Period of Performance: 11/01/2022 to 10/31/2023

00010 Aerial Herbicide Application

52.204-26 Covered Telecommunications Equipment or

Services-Representation. (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance

Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) Representations. (1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the

Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, Continued ...

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140F0922Q0155 or any equipment, system, or service that uses covered telecommunications equipment or services.

52.237-1 Site Visit. (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

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

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the

Contractor's failure to use reasonable care causes damage to any of this property, the

Contractor shall replace or repair the damage at no expense to the Government as the Contracting

Officer directs. If the Contractor fails or refuses to make such repair or replacement, the

Contractor shall be liable for the cost, which may be deducted from the contract price.

52.212-2 Evaluation - Commercial Items. (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the

Government, price and other factors considered.

The following factors shall be used to evaluate offers: best value to include technical experience, past performance, and price.

Technical and past performance, when combined, are significantly more important when compared to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the

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140F0922Q0155 successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-5 Contract Terms and Conditions Required

To Implement Statutes or Executive Orders -

Commercial Items. (JUL 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain

Internal Confidentiality Agreements or Statements

(JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for

Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered

Entities (JUL 2018) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance

Services or Equipment. (AUG 2020) (Section

889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with

Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31

U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of

Contract Claim (OCT 2004) (Public Laws 108-77 and

108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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(Contracting Officer check as appropriate.)

[ ] (1) 52.203-6, Restrictions on Subcontractor

Sales to the Government (JUN 2020), 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 (JUN 2020) (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.)

[ ] (4) 52.204-10, Reporting Executive

Compensation and First-Tier Subcontract Awards

(JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) (Reserved)

[ ] (6) 52.204-14, Service Contract Reporting

Requirements (OCT 2016) (Pub. L. 111-117, section

743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting

Requirements for Indefinite-Delivery Contracts

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

C).

[ ] (8) 52.209-6, Protecting the Government's

Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment.

(JUN 2020) (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 (MAR 2020) (15 U.S.C. 657a).

[ ] (ii) Alternate I (MAR 2020) of 52.219-3.

[ ] (12)(i) 52.219-4, Notice of Price Evaluation

Preference for HUBZone Small Business Concerns

(MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

[ ] (ii) Alternate I (MAR 2020) of 52.219-4.

[ ] (13) (Reserved)

[X] (14)(i) 52.219-6, Notice of Total Small

Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (MAR 2020) of 52.219-6.

[ ] (15)(i) 52.219-7, Notice of Partial Small

Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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[ ] (ii) Alternate I (MAR 2020) 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 (JUN 2020) (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 (JUN 2020) of 52.219-9.

[ ] (v) Alternate IV (JUN 2020) of 52.219-9.

[ ] (18)(i) 52.219-13, Notice of Set-Aside of

Orders (MAR 2020) (15 U.S.C. 644(r)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-13.

[ ] (19) 52.219-14, Limitations on Subcontracting

(MAR 2020) (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 (MAR 2020)

(15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post-Award Small Business

Program Rerepresentation (NOV 2020) (15 U.S.C.

632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (23) 52.219-29, Notice of Set-Aside for, or

Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business (EDWOSB) Concerns (MAR

2020) (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 (MAR 2020) (15 U.S.C. 637(m)).

[ ] (25) 52.219-32, Orders Issued Directly Under

Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

[ ] (26) 52.219-33, Nonmanufacturer Rule (MAR

2020) (15 U.S.C. 637(a)(17)).

[X] (27) 52.222-3, Convict Labor (JUN 2003) (E.O.

11755).

[X] (28) 52.222-19, Child Labor-Cooperation with

Authorities and Remedies (JAN 2020) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated

Facilities (APR 2015).

[X] (30)(i) 52.222-26, Equal Opportunity (SEP

2016) (E.O. 11246).

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

Continued ...

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[ ] (31)(i) 52.222-35, Equal Opportunity for

Veterans (JUN 2020) (38 U.S.C. 4212).

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

[X] (32)(i) 52.222-36, Equal Opportunity for

Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

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

[ ] (33) 52.222-37, Employment Reports on

Veterans (JUN 2020) (38 U.S.C. 4212).

[ ] (34) 52.222-40, Notification of Employee

Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in

Persons (OCT 2020) (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).

[ ] (36) 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.)

[ ] (37)(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.)

[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (JUN 2016) (E.O. 13693).

[ ] (40)(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.

[ ] (41)(i) 52.223-14, Acquisition of

EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[ ] (42) 52.223-15, Energy Efficiency in

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Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

[ ] (43)(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] (44) 52.223-18, Encouraging Contractor

Policies to Ban Text Messaging While Driving (JUN

2020) (E.O. 13513).

[ ] (45) 52.223-20, Aerosols (JUN 2016) (E.O.

13693).

[ ] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[ ] (47)(i) 52.224-3, Privacy Training (JAN 2017)

(5 U.S.C. 552a).

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

[X] (48) 52.225-1, Buy American-Supplies (JAN

2021) (41 U.S.C. chapter 83).

[ ] (49)(i) 52.225-3, Buy American-Free Trade

Agreements-Israeli Trade Act (JAN 2021) (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 (JAN 2021) of 52.225-3.

[ ] (iii) Alternate II (JAN 2021) of 52.225-3.

[ ] (iv) Alternate III (JAN 2021) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (OCT 2019)

(19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (51) 52.225-13, Restrictions on Certain

Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the

Office of Foreign Assets Control of the

Department of the Treasury).

[ ] (52) 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).

[ ] (53) 52.226-4, Notice of Disaster or

Emergency Area Set-Aside (NOV 2007) (42 U.S.C.

5150).

[ ] (54) 52.226-5, Restrictions on Subcontracting

Outside Disaster or Emergency Area (NOV 2007) (42

U.S.C. 5150).

[ ] (55) 52.229-12, Tax on Certain Foreign

Procurements (FEB 2021).

Continued ...

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[X] (56) 52.232-29, Terms for Financing of

Purchases of Commercial Items (FEB 2002) (41

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

[ ] (57) 52.232-30, Installment Payments for

Commercial Items (JAN 2017) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

[X] (58) 52.232-33, Payment by Electronic Funds

Transfer-System for Award Management (OCT 2018)

(31 U.S.C. 3332).

[ ] (59) 52.232-34, Payment by Electronic Funds

Transfer - Other than System for Award Management

(JUL 2013) (31 U.S.C. 3332).

[ ] (60) 52.232-36, Payment by Third Party (MAY

2014) (31 U.S.C. 3332).

[ ] (61) 52.239-1, Privacy or Security Safeguards

(AUG 1996) (5 U.S.C. 552a).

[ ] (62) 52.242-5, Payments to Small Business

Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[ ] (63)(i) 52.247-64, Preference for Privately

Owned U.S.-Flag Commercial Vessels (FEB 2006) (46

U.S.C. 55305) 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.)

[X] (1) 52.222-41, Service Contract Labor

Standards (AUG 2018) (41 U.S.C. chapter 67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

[ ] (3) 52.222-43, Fair Labor Standards Act and

Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (AUG 2018)

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

[ ] (4) 52.222-44, Fair Labor Standards Act and

Service Contract Labor Standards-Price Adjustment

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

67).

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of

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Certain Equipment-Requirements (MAY 2014) (41

U.S.C. chapter 67).

[ ] (6) 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] (7) 52.222-55, Minimum Wages Under Executive

Order 13658 (NOV 2020).

[X] (8) 52.222-62, Paid Sick Leave Under

Executive Order 13706 (JAN 2017) (E.O. 13706).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record.

The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at

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

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140F0922Q0155 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) of this paragraph 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 (JUN 2020) (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) 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance

Services or Equipment. (AUG 2020) (Section

889(a)(1)(A) of Pub. L. 115-232).

(v) 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 the applicable threshold specified in FAR

19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(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

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(JUN 2020) (38 U.S.C. 4212).

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

(x) 52.222-37, Employment Reports on Veterans

(JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights

Under the National Labor Relations Act (DEC 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards

(AUG 2018) (41 U.S.C. chapter 67).

(xiii) [ ] (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and

E.O. 13627).

[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22

U.S.C. chapter 78 and E.O. 13627).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility

Verification (OCT 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive

Order 13658 (NOV 2020).

(xviii) 52.222-62 Paid Sick Leave Under Executive

Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5

U.S.C. 552a).

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

(xx) 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).

(xxi) 52.226-6, Promoting Excess Food Donation to

Nonprofit Organizations (JUN 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned

U.S.-Flag Commercial Vessels (FEB 2006) (46

U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR

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140F0922Q0155 clause 52.247-64.

(2) While not required, the Contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.252-5 Authorized Deviations in Provisions.

(NOV 2020)

(a) The use in this solicitation of any Federal

Acquisition Regulation (48 CFR chapter 1) provision with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the provision.

(b) The use in this solicitation of any [insert regulation name] (48 CFR chapter [ ]) provision with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

52.252-6 Authorized Deviations in Clauses. (NOV

2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR

Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any [insert regulation name] (48 CFR [ ]) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

DOI Green Acquisition

The USFWS is committed to promoting the natural environment and protecting the health and well-being of people. In the performance of work under this contract, the Contractor shall exert its best efforts to provide services in a manner that will promote the natural environment and protect health and well-being. Green purchasing or environmentally preferable contracting includes the initiatives described below:

Alternative Fuels and Vehicles are described at http://www.afdc.energy.gov/afdc/

Biobased Products are described at http://www.biopreferred.gov/

Energy efficient products are described at http://energystar.gov/products for Energy Star

Continued ...

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140F0922Q0155 products and at http://www.eere.energy.gov/femp/procurement for

FEMP designated products.

Environmentally Preferable Computers are described at http://www.epeat.net

Significant New Alternatives Program (SNAP) are described at http://www.epa.gov/snap/overview-snap The

Comprehensive Procurement Guidelines promote the use of recovered and recycled products at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

Water efficient products and services are described at https://www.epa.gov/watersense.

Solicitation closes on: September 20, 2022

Quotes must be e-mailed only to:

Tonia_ellen@fws.gov

Contract Officer, Tonia Ellen

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

Statement of Work – Aerial Herbicide Application

STATEMENT OF SERVICES

Aerial Herbicide Application

Back Bay National Wildlife Refuge, Virginia Beach, VA

1. GENERAL INFORMATION

1.1. U.S. Fish & Wildlife Service is seeking quotes from qualified Contractors for aerial spraying of herbicide for the control and eradication of target Phragmites australis (common reed), through the application of chemical herbicides on specified areas at Back Bay National Wildlife Refuge (Refuge). Work shall consist of furnishing all necessary chemicals, equipment, labor, water (carrier), insurance and supervision necessary to accomplish the specified vegetative control measures. Spraying will take place by rotary wing aircraft (helicopter).

1.2. Timeframe/Period of Performance: The Period of Performance for this contract will be

November 1, 2022 – October 31, 2023

The herbicide application shall be timed during one of two active translocation seasons for these plants to achieve the optimum results.

• Preferred active translocation season is between May 1-31, 2023

• Second choice season is August 15 - September 30, 2023

Dates after these windows will be considered pending the Refuge Project Officer’s approval and evaluation of the onsite conditions.

1.3. All herbicide application shall be consistent with the product label instructions, manufacturer's guidance, and the requirements of this contract. See Paragraph “3.3 Herbicide Selection Procedure”.

2. LOCATIONS, CONTACTS

2.1. General Location: Back Bay National Wildlife Refuge, 4005 Sandpiper Road Virginia Beach, VA. Approximately 150 acres.

2.2. Site Location: Refer to Enclosures 1 and 2 for general site maps. The Refuge may provide detailed revised digital GIS maps to the Contractor prior to spraying.

3. TREATMENT AREAS, CONTROL GOALS AND HERBICIDES

3.1. General: The designated Refuge Project Officer shall be on site during all spray operations. A total of 150 acres (total project area) of Phragmites shall be treated.

3.2. Vegetation Control Objectives: A minimum of 90% of all of the identified infestations to be treated in the treatment areas will be sprayed with each infestation receiving at least 90% coverage by foliar spray, to the degree that at least 90% of the live stems yellow prematurely within 2-3 weeks of the spray, or contractor will re-apply late summer/fall the very next year, at his/her expense. The Refuge Project Officer will be responsible for documenting that less than 90% of the area was treated, and notifying the contractor, as soon as possible after the spraying activity (e.g. will survey the area, take digital photographs).

3.3. Herbicide Selection Procedure: Herbicide, to be supplied by the Contractor, (Imazapyr based herbicide, Nufarm Polaris EPA Reg. No. 288-534 or BASF Arsenal EPA Reg. No. 241-299) and surfactant (Methylated seed oil). Herbicides must be registered for aquatic use and approved by the Refuge 60 days prior to application. No restricted use herbicides are allowed. No herbicides can be used on Refuge property without prior approval from the Refuge Project Officer. In addition, all carriers and adjuvants must be non-toxic and registered for water applications.

3.4. Minimizing Impacts to Non-Target Species: No broadcast spraying shall be performed when wind speeds exceed specifications listed on the herbicide label, or 10 mph, whichever is greater, or wind directions are likely to result in drift to non-target areas, or public use areas. There will be zero tolerance for direct spray or drift of herbicides into non-target vegetation or on adjacent property. No broadcast spraying shall be performed if more than 10% chance of rain is forecast for the day of application or for 24-hour period following the planned application.

4. NOTIFICATION OF TREATMENT

4.1. The contractor will provide a 72-hour notice to the Refuge Project Officer before arriving at the site location for herbicide treatment work. No spraying shall be conducted until the Refuge Project Officer is present on the site and gives approval for the treatment to begin. The Refuge Project Officer retains the right to determine whether spraying at any time is appropriate, due to weather (including wind) and other considerations.

5. HANDLING, MIXING, APPLICATION RATES AND METHODS

5.1. Handling and Mixing: All herbicides will be handled and stored in accordance with instructions on the EPA registration label. All herbicides shall be mixed in accordance with the label instructions so that the desired rate of application can be attained with the contractor's application equipment. Mixing water is the responsibility of the contractor. The contractor is required to provide a secondary containment system around their herbicide mixing area when herbicides are mixed on government property. This containment system must be constructed of impervious materials. Unused, mixed pesticides will be disposed of in accordance with local, state and EPA guidelines. Spray equipment cleaning will also be accomplished in accordance with these guidelines. Prior to leaving a worksite for the day, the contractor shall remove all equipment and unused materials, any waste materials, oil, empty herbicide containers and litter resulting from contract activities on government property.

5.2. Equipment: The equipment used by the contractor shall be designed for such work and operated in a safe manner. The equipment will be capable of accurately delivering a predetermined rate per acre dosage of herbicide. A light utility helicopter with responsive handling and quick maneuverability is preferred given the small size and irregular shape of some of the patches of Phragmites. Helicopter shall be equipped with the following:

• Drift-minimizing Microfoil® or Thru-Valve® boom with minimum width of 25’ or similar equipment appropriate to the aircraft.

• Herbicide tank of at least 80-gallon capacity, equipped with a real-time GPS system to track treated areas. Fuel, filing for flight paths and all compliance with FAA/ADIZ regulations shall be the responsibility of the Contractor.

• Ground support vehicle with minimum 500-gallon water capacity and minimum 80-gallon batch tank capacity. All herbicide warnings and precautions shall be used.

• Anemometer for wind speed measurements.

5.3. Rates and Method of Application: Application rates will be per the specification on the material safety data sheet, labeling and manufacturer's suggested rate tables, per chemical used, and the desired results identified in “3.2 Vegetation Control Objective”.

6. SAFETY AND CERTIFICATION

6.1. Safety Manual: Notwithstanding any other provisions of this contract, the Contractor shall comply with all safety and health requirements as outlined in OSHA Safety Standards to ensure the safe working conditions for themselves and others.

6.2. Hazard Communication: The contractor shall implement a hazard communication program in accordance with 29 Code of Federal Regulations (CFR) 1910.1200 or 1926.59. The written hazard communication program shall address, as a minimum, the following: training (to include potential safety and health effects from exposure), labeling, current inventory of hazardous chemicals on site, and the location and use of Safety Data Sheets (SDSs).

6.3. Licensing: The contractor or any employees or subcontractors performing any of the work under this contract shall possess a valid Virginia commercial herbicide applicator's license performed and shall comply with all Federal, State, and local laws and regulations applicable to the contract work and to the products and materials used by the contractor in performing that work. Evidence of such licensing shall be submitted prior to award and also with the "Application Plan" as outlined in Paragraph 7. 1. All appropriate certification and licensing required by the Environmental Protection Agency and Virginia Department of Agriculture and Consumer Services, pertaining to the use and application of herbicides, shall be the responsibility of the Contractor. Certifications, licenses and/or permits shall be valid for the period of application and available for inspection.

6.4. Public Safety: Public safety must…