Sol_140L2626Q0012.pdf
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- PFO Herbicide Application BPA Federal contract opportunity
- Solicitation number
- 140L2626Q0012
About this file
This is a Combined Synopsis/Solicitation (RFQ) for a Blanket Purchase Agreement issued by the Bureau of Land Management's Pocatello Field Office in Idaho for on-the-ground herbicide application services. Solicitation number 140L26-26-Q-0012 is set-aside for small businesses under NAICS code 115310 with an $11.5 million size standard. The contract will be awarded on a Firm-Fixed Price basis to one or more contractors to provide noxious and invasive weed inventory and herbicide application services across BLM-administered lands within the Pocatello Field Office boundaries. The period of performance runs from May 1, 2026 through April 30, 2031, with individual task periods determined through calls within the active agreement. Work will be performed on terrain ranging from flat to steep slopes in areas that may or may not be accessible by motorized vehicles and equipment.
Offerors must submit electronic proposals by email to Contracting Officer Heather McBride (hmcbride@blm.gov) by April 14, 2026 at 5:00 PM Mountain time, with questions due by March 26, 2026. Proposals must include a cover page with contractor information and UEI number, a completed pricing schedule (Appendix 1), and a detailed work plan demonstrating staff capabilities, contractor experience, equipment specifications, quality control and safety processes, and timing for mandatory and optional work items. Key personnel, including all applicators, must hold current Idaho Professional Applicator Licenses in the Agricultural Pesticide Category. Evaluation will be based on technical capability (including work activity plan, methods, key personnel, timing, and quality control measures), prior experience and past performance with references, and price. All quotes must include Federal, State usage, and local taxes, and offerors must complete representations and certifications in SAM.gov.
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COMBINED SYNOPSIS/SOLICIATION ‘COMBO’:
PFO On-the-Ground Herbicide Application BPA
(i) This is a combined Synopsis/Solicitation for commercial products or commercial services 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. When using the combined synopsis/solicitation procedure, the SF1449 is not used for issuing the solicitation.
(ii) Solicitation 140L26-26-Q-0012 is issued as a Request for Quotation (RFQ).
(iii) This document incorporates provisions and clauses which are in effect through Federal
Acquisition Circular 2026-01.
(iv) This solicitation is set-aside for small business under North American Industry Classification
System (NAICS) code 115310. The size standard is $11.5M.
(v) The Pricing Schedule is incorporated as Appendix 1. Vendors shall complete Appendix 1 in its entirety and return with any other documentation/data as required by this combined synopsis/solicitation.
(vi) The government intends to award a Firm-Fixed Price (FFP) contract for the following:
The Bureau of Land Management (BLM) Pocatello Field Office, Idaho is establishing a Blanket Purchase Agreement for herbicide application services with one or more contractors to fulfill several different noxious and invasive weed inventory and herbicide application configurations to meet the differing site conditions within the Pocatello Field Office Boundaries.
(vii) Period of Performance and location: May 1, 2026 – April 30, 2031
The Period of Performance will be determined on individual calls within the active agreement period.
All work will be performed on land administered by the Bureau of Land Management (see Unit & Vicinity Maps) (Note that this will occasionally include lands labeled as “United States of America” on project maps). Treatment areas may be located on terrain ranging from flat to steep slopes in areas that may or may not be accessible by motorized vehicles and equipment.
(viii) FAR 52.212-1 Instructions to Offerors -- Commercial Products and Commercial Services is hereby incorporated by reference, with the same force and effect as if it were given in full text. In addition to the following addendum, all terms and conditions of FAR 52.212-1 remain in effect.
The following have been tailored to this procurement and are hereby added via addendum:
Addendum to FAR 52.212-1 Instructions to Offerors -- Commercial Products and Commercial Services:
SPECIFIC INSTRUCTIONS FOR OFFER CONTENT
1. The overall proposal shall consist of a cover page, the completed Pricing Schedule
(Appendix 1), and detailed work plan. Failure to provide required information may result in a non-responsive quote and will not be considered for award.
a. Cover Page: Include the Contractor name, address and telephone number, name and title of the person authorized to sign and negotiate on behalf of the of the entity including the assigned Unique Entity Identifier (UEI) number. The offeror shall state the percentage that the offeror will self-perform. Additionally, the Contractor shall acknowledge receipt of any amendments issued (if applicable).
b. Pricing Schedule: Fill in the ceiling unit prices on Appendix 1.
c. Detailed work plan: The plan shall demonstrate the capability to meet the technical aptitude of the Performance Work Statement within the Period of Performance required as well as the following:
i. Description of staff capabilities and experience.
ii. Description of contractor’s plan for staffing or sub-contracting.
iii. Description of any equipment proposed for use.
iv. Company experience
d. Past Performance- Offerors shall submit the following information as part of their proposal for both the Offeror and proposed subcontractors. Offerors must submit points of contact and phone numbers.
The Offeror shall provide a list of contracts and subcontracts completed during the past five years for similar services and all contracts and subcontracts currently in progress. Contracts listed may include those entered into by the Federal Government, agencies of state and local governments, and commercial customers.
Offerors that are newly formed entities without prior contracts should list contracts and subcontracts as required above for all key personnel. Include the following information for each contract and subcontract.
• Name of customer
• Contract number
• Contract type
• Contract value
• Contracting Officer and telephone number
• Project Manager/COR and telephone number
• List of major subcontractors
The Offeror may provide information on problems encountered on the contract and subcontracts identified above and corrective actions taken to resolve those problems.
Offerors should not provide general information on their performance on the identified contracts. General performance information will be obtained from the references.
2. Quotes must include all Federal, State usage, and local taxes.
PROVISIONS INCORPORATED BY REFERENCE:
52.204-7 System for Award Management 52.204-16 Commercial and Government Entity Code Reporting 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures
PROVISIONS INCORPORATED BY FULL TEXT:
System Considerations Be aware that system updates may lag behind policy changes:
• SAM Representations: Entities are still required to complete certain representations in SAM that are not included in agency solicitations, including 52.223-22 and paragraph (t) of 52.212- 3.
• Impact on Agencies: Agencies will not consider these representations in award decisions, and entities are not required to update their registrations to remove them.
FAR 52.201-1 Acquisition 360: Voluntary Survey (SEP 2023)
(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link:
https://www.acquisition.gov/360.
(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.
FAR 52.223-1 Biobased Product Certification (May 2024) (DEVIATION FEB 2025)
As required by the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8101(4)) and the Energy Policy Act of 2005 ( 7 U.S.C. 8102(a)(2)(F)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture at B[at https://www.biopreferred.gov/resources/categories.html]) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.
(End of provision)
FAR 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.
(End of provision)
1510-52.222-71 MIGRANT SEASONAL AGRICULTURAL WORKERS PROTECTION ACT
REGISTRATION NUMBER
If applicable, a valid U.S. Department of Labor Registration number must be supplied within five
(5) days after date of award. Failure to provide such number is grounds for contract termination.
Application for numbers should be made on Form WH-510, Application for a Farm Labor Contractor Certificate of Registration, which should be available at your State Employment Service Offices or your nearest U.S. Department of Labor Office. Further information may be obtained from:
U.S. Department of Labor Telephone: (415) 975-4520 Wage and Hour Division 71 Stevenson Street, Suite 930 San Francisco, CA 94105 Registration Number: ______________________ (Migrant Seasonal Agricultural Workers Protection Act) https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8101&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://www.biopreferred.gov/resources/categories.html
(End of Provision)
(ix) FAR 52.212-2 Evaluation -- Commercial Products and Commercial Services is not applicable to this solicitation. A similar provision containing evaluation factors has been tailored to this procurement and is hereby added via addendum:
The Government will award a contract resulting from this solicitation to the responsible offeror or offerors whose offer conforms to the terms of the solicitation and will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
i. Technical Capability;
ii. Prior Experience and Past Performance;
iii. Price.
Evaluation Factor No. 1: Technical Capability
1. The technical proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed description of the organization, techniques, and procedures for achieving the objectives of the specifications and the project. Proposals that merely paraphrase the requirements of the Government's specifications or use such phrases as "will comply" or "standard techniques will be employed" will be considered unacceptable and will not be considered further. At a minimum the quote shall clearly provide the following:
1.1. Work Activity Plan. Clearly describe how you and/or your subcontractors will meet both the project objectives and minimize resource damage. Include an explanation about how you have determined this approach, and what coordination will occur between the various operations. Please limit your description to 2 pages.
1.2. Method. Describe the method or combination of methods you plan to utilize to accomplish the Mandatory Work Items and any of the Optional Work Items that you anticipate necessary, dependent on your operations. Please limit this narrative to 4 pages.
1.3. Key Personnel. List the names and proposed duties of key personnel who will be assigned to the various work items of the project. Provide relevant information as it pertains to the capabilities, certifications, licenses, expertise and involvement in the project and proposal.
The Offeror shall include, for all the contractor’s applicators, a current Idaho Professional Applicator License in the Agricultural Pesticide Category or a license from a reciprocating state with Idaho. The Government may inspect each applicator for their current Idaho Professional Applicator’s License in the Agricultural Pesticide Category before work on this contract
1.4. Timing. Provide a general plan for the sequence of work, including an estimated start date and completion date for both the Mandatory and Optional work items. Please limit this information to no more than 1 page.
2. Describe your firm’s quality control and safety process. Information that should be addressed include: Herbicide storage; monitoring of loading operations, herbicide application, public safety, and weather conditions; location and drive times for medical facilities; communication; how to access pilot in the event of an emergency, etc.
3. Describe available equipment to include type and capabilities:
3.1. Offeror shall address method of herbicide application including type and quantity of equipment that will be used for application.
3.2. Offeror shall provide an itemized list and description of all equipment that will be used during the contract. This should include, but not limited to, equipment to transport and store herbicide, equipment that will be used for loading herbicide into application apparatus, and equipment that will be used to access the project site. Include make and model of proposed equipment.
Evaluation Factor No. 2: Prior Experience and Past Performance
1. Offeror shall include a copy of a past Flow Control Report or similar Report from their specific GPS system, for verification that Offeror is using a flow control device to meter the amount of carrier to be used.
2. If equipment has been tested for calibration and spray pattern, Offeror shall provide a copy of this certificate.
3. Referencing the firms Past Performance information, submit a reference list with a minimum of two (2) and no more than five (5) recent and relevant projects. The list shall include the following valid information:
(a) Offeror’s (Company/Division) Name;
(b) Project Title and Description and State;
(c) Contracting Agency or Customer;
(d) Contract Number/Contract Value;
(e) Point of Contact’s (POC) Name/Phone/Email;
(f) Start and end date of Period of Performance (month and year).
The Government will determine whether the Offeror consistently delivered quality services in a timely manner. Past performance will be assessed on the extent of client satisfaction, effectiveness in managing and directing resources, effectiveness in managing project time and performance schedules, reasonable and cooperative behavior, and quality of previous performance with clients.
Adequacy of Offeror's demonstrated past performance in similar contracts or projects for federal agencies and/or private organizations in terms of price control, quality of work and compliance with performance schedules. In addition to responses received the Government reserves the right to consider information obtained from any other sources when evaluating the offeror’s past performance.
Evaluation Factor No. 3: Price
1. Submit completed Pricing Schedule. A firm’s completion and submission of a unit price and total amount beginning on the subject solicitation’s Schedule of Items constitutes the fulfillment of the Government’s price proposal requirements under this solicitation.
2. Only quote on Pay items you are interested in performing.
Award Determination
The Government will award a contract to the Contractor(s) whose proposal: (a) conforms to the terms of the solicitation and (b) provides the best value to the Government.
Comparative evaluations (FAR 13/FAR 13.5) will be used and offers will be compared in order to determine “Best Value”. Award may not necessarily be made to the offeror submitting the lowest price. The Contracting Officer reserves the right to make no award at all. The Contracting Officer reserves the right perform a cost realism analysis and/or to make no award at all.
(End of Provision)
(x) FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and
Commercial Services (OCT 2025) (DEVIATION FEB 2025) including its Alternate I, Vendors Representations and Certifications--Commercial Items , is incorporated as Appendix 2 – FAR 52.212-3. The offeror shall complete only paragraph (b) of the provision if the offeror has completed the annual representations and certification electronically in SAM. Each vendor shall ensure the provision is updated at www.sam.gov. Failure to obtain SAM registration will result in submissions not being considered for award. A completed copy of the provision shall be included with offer submission.
(xi) The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Products and
Commercial Services, is hereby incorporated by reference, with the same force and effect as if it were given in full text.
(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement
Statutes Or Executive Orders – Commercial Products and Commercial Services (OCT
2025) (DEVIATION FEB 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C.
4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (6) [Reserved].
__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).
X (11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204-30.
X (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.
(Jan 2025) ( 31 U.S.C. 6101 note).
__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility
Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (14) [Reserved].
__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (17) [Reserved]
X (18)
(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.
__ (19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).
__ (21)
(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 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 (Jan 2025) of 52.219-9.
__ (22)
(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.
__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
X (26)
(i) 52.219-28, Post award Small Business Program Re-representation (Jan 2025) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).
X(31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
__ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O. 13126).
X (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (34)
(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
X (35)
(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 (36)
(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.
X (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (39)
(i) 52.222-50, Combating Trafficking in Persons (OCT 2025) (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).
X (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in
FAR 22.1803.)
__ (41)
(i) 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.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
X (46) 52.223-23, Sustainable Products and Services (May 2024) (DEVIATION FEB 2025) ( 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__ (47)
(i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
X (48)
(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
X (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Jan 2025) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 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. Subtitle A, Part V, Subpart G 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).
X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
X (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
__ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821- 1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (65)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) 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 products and commercial services:
X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
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) ( 29U.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 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 for Contractor Workers Under Executive Order 14026
DEVIATION (OCT 2023).
X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).
(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 regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services.
Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)
(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 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.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 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.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (OCT 2025) (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).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026
DEVIATION (OCT 2023).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 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.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821- 1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
(xiii) Additional Contract Requirements:
FAR 52.252-2 Clauses Incorporated by Reference
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far#
52.204-13 System for Award Management Maintenance 52.204-18 Commercial and Government Entity Code Maintenance 52.204-21 Basic Safeguarding of Covered Contractor Information Systems 52.223-3 Alt I Hazardous Material Identification and Material Safety Data 52.223-5 Pollution Prevention and Right-to-Know Information 52.242-15 Stop-Work Order
Clauses incorporated by full text:
FAR 52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS
(MAY 2024) (DEVIATION FEB 2025)
(a) Definitions. As used in this clause—
Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. ( 7 U.S.C. 8101) ( 7 CFR 4270.2).
USDA-designated product category means a generic grouping of products that are or can be made with biobased materials—
(1) That are listed by USDA in a procurement guideline available at https://www.biopreferred.gov/resources/categories.html; and https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8101&num=0&edition=prelim https://www.biopreferred.gov/resources/categories.html
(2) For which USDA has provided purchasing recommendations (available at https://www.biopreferred.gov ) or 7 CFR part 4270.
(b) The Contractor shall report to https://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any biobased products in USDA-designated product categories purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(c) Submit this report no later than—
(1) October 31 of each year during contract performance; and
(2) At the end of contract performance.
52.223-10, Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025)
(a) Definitions. As used in this clause- Recycling means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion.
Waste prevention means any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials.
Waste reduction means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products.
(b) The Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The Contractor’s programs shall comply with applicable Federal, State, and local requirements, specifically including Section 6002 of the Resource Conservation and Recovery Act ( 42 U.S.C.6962, etseq.) and implementing regulations (40 CFR Part 247).
52.223-23, Sustainable Products and Services (MAY 2024) (DEVIATION FEB 2025)
(a) Definitions. As used in this clause— Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. ( 7 U.S.C. 8101) ( 7 CFR part 4270.2).
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. ( 42 U.S.C. 6903).
Sustainable products and services means:
(1) Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines ( 42 U.S.C. 6962) ( 40 CFR part 247) ( https://www.epa.gov/ smm/ comprehensive-procurement-guideline-cpg-program#products).
(2) Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy https://www.biopreferred.gov/ https://www.sam.gov/ http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8101&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8101&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6962&num=0&edition=prelim https://www.ecfr.gov/current/title-40/part-247 https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products
Management Program (FEMP)-designated products ( 42 U.S.C. 8259b) ( 10 CFR part 436, subpart C) ( https://www.energy.gov/ eere/ femp/ search-energy-efficient-products and https://www.energystar.gov/ products? s= mega).
(3) Biobased products meeting the content requirement of the USDA under the BioPreferred® program ( 7 U.S.C. 8102) ( 7 CFR part 3201) ( https://www.biopreferred.gov).
(4) Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone ( 42 U.S.C. 7671l) ( 40 CFR part 82, subpart G) ( https://www.epa.gov/ snap).
(b) Requirements.
(1) The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract.
(2) The Contractor shall ensure that the sustainable products and services required by this contract are—
(i) Delivered to the Government;
(ii) Furnished for use by the Government;
(iii) Incorporated into the construction of a public building or public work; and
(iv) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract (versus costs which are normally applied to the Contractor's general and administrative expenses or indirect costs). This includes services performed by contractors performing management and operation of Government-owned facilities to the same extent that, at the time of award, an agency would be required to comply if an agency operated or supported the facility.
(c) Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/ greenprocurement provides a comprehensive list of sustainable products and services and sustainable acquisition guidance. The Contractor should review the GPC when determining which statutory purchasing programs apply to a specific product or service.
End of clause
FAR 52.252-6 Authorized Deviations in Clauses
(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 Department of the Interior Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of “DEVIATION” after the name of the regulation.
DIAR 1452.201-70 Authorities and Delegations (Sep 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8259&num=0&edition=prelim https://www.ecfr.gov/current/title-10/part-436/subpart-C https://www.energy.gov/eere/femp/search-energy-efficient-products https://www.energystar.gov/products?s=mega https://www.energystar.gov/products?s=mega http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section8102&num=0&edition=prelim https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XXXII/part-3201 https://www.biopreferred.gov/ https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7671&num=0&edition=prelim https://www.ecfr.gov/current/title-40/part-82/subpart-G https://www.epa.gov/snap https://sftool.gov/%20greenprocurement https://sftool.gov/%20greenprocurement to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.
The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence.
Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the
COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
DIAR 1452.236-72 Preservation of Historical and Archeological Data (Nov 2007)
(a) The Historic and Archeological Data Preservation Act of 1974 provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program.
(b) If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings.
No objects of cultural resource value may be removed.
(c) Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.
(d) The Contractor will be responsible for protecting the cultural resources within the effected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.
(e) The Contractor agrees to insert this paragraph in all subcontracts that involve the performance of work on the terrain of the site.
(End of Clause)
DOI-AAAP-0028 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 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:
(1) Copy of Company Generated Invoice.
The Contractor must use the IPP website to register access and…
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