Sol_140L3725Q0116.pdf

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Attached to
BLM SIEBER AERIAL SPRAYING Federal contract opportunity
Solicitation number
140L3725Q0116
Issued by
Department of the Interior Bureau of Land Management Idaho Region

About this file

This is a Request for Quote (RFQ) from the Bureau of Land Management (BLM) National Interagency Fire Center (NIFC) for aerial herbicide treatment services. The solicitation seeks a contractor to perform aerial spraying of Rejuvra (Indazaflam) and Imazapic herbicides on approximately 600 acres located on a plateau above Sieber Canyon in Mesa County, Colorado. The treatment is targeted at cheatgrass-dominated areas and will be conducted between October 1-20, 2025, with a preference for early completion as weather permits.

Key details include a quote submission deadline of September 5, 2025, at 10:00 AM Mountain Daylight Time, with quotes to be emailed to Daniel Rosales. The evaluation will be based on best value with trade-offs, considering technical approach, past performance, and price. Contractors must be licensed by the Colorado Department of Agriculture, use GPS-enabled equipment, and follow strict environmental guidelines including wind speed restrictions, buffer zones, and application temperature requirements. The contract is set aside for small businesses, with a 60-day quote validity period and an estimated contract value of $34.

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Other files for this federal contract opportunity

Other files attached to BLM SIEBER AERIAL SPRAYING, newest first.
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B03_Attachment_3_Wage_Determination_1976-1351_Rev_77_08062025.pdf PDF
B08_Attachment_1_Sieber_Cheatgrass_100K.pdf PDF
B08_Attachment_2_Sieber_Cheatgrass_aerial.pdf PDF

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Text version

Quoters Copy

Issuing Office:

BLM NIFC

This solicitation can be downloaded at https://www.sam.gov.

Quotes Are Solicited For:

Aerial Herbicide Treatment

Solicitation: 140L3725Q0116

IMPORTANT – NOTICE TO ALL PROSPECTIVE QUOTERS

Quotes shall be emailed to the Contracting Specialist, at Daniel Rosales drosales@blm.gov by 1000 hours, Mountain Daylight Time, 09/05/2025.

As part of its quote, the quoter shall complete/submit the following:

(a) SF 1449, Blocks 17a, 30a-30c;

(b) Fill in the appropriate information requested in Section B.1, Schedule of Items;

(c) Provide your responses to Sections E.2, E.3 Technical Evaluation Factors, and

(d) Contact information for an individual with the authority to bind.

(e) Questions can be submitted via email until 09/02/2025 @ 1000 Mountain Daylight Time. Answers to questions will be submitted to SAM.gov as an amendment.

(f) No formal Site visit is scheduled. Additionally, interested vendors may reach out to the COR Erin Kowalski ekowalski@blm.gov if you have questions about the site conditions. Vendors may visit the site at their own convenience.

Quotes that arrive after the prescribed time for receipt of quotes will be considered late and treated in accordance with FAR 52.212-1, Instructions to Offerors-Commercial Items.

It is the Quoter’s responsibility to monitor the following website for any changes to the RFQ: https://www.sam.gov.

Quotes submitted in response to the solicitation shall honor the offer for 60 days.

This solicitation neither commits the Government to pay any cost incurred in the submission of the quote or in making necessary studies or designs for preparing the offer, nor to contract for services or supplies. Any cost incurred in anticipation of a contract shall be at the Quoter’s own risk.

Quoters may contact the Contracting Specialist, Daniel Rosales at drosales@blm.gov.

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

LFA

BOISE ID 83705

3833 S. DEVELOPMENT AVE.

BLM FA NTL INTRAGCY FIRE (FA250)

0011276304 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLFA

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

09/05/2025 1000 MD

08/28/2025

Daniel Rosales (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L3725Q0116

5. SOLICITATION NUMBER

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

1 45 0044028004OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

GRAND JUNCTION CO 81506

2815 H ROAD

BLM-CO GRAND JUNCTION FIELD OFFICE

15. DELIVER TO

BOISE ID 83705

3833 S. DEVELOPMENT AVE.

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$34

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

BLM FA-NTL INTRAGCY FIRE CTR(FA250)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 10/20/2025 Period of Performance: 10/01/2025 to 10/20/2025

00010 Aerial Spraying of Rejuvra & Imazapic Product/Service Code: F003 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST-RANGE FIRE

SUPPRESSION/PRESUPPRESSION

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Daniel Rosales

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

45 2 of

SECTION B – SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS

B.1 SCHEDULE OF ITEMS/PRICE SCHEDULE

Item Application

Rate Est. Acres to be treated

Unit Price

Subtotal

1 5 ounces / Acre Indazaflam/ Rejuvra

2 4 ounces/acre Imazapic/ Plateau/

Panoramic2

SL

Herbicide

2 .25% V/V * NIS /Spray Adjuvant 600

STATEMENT OF WORK

Performance time: 20 Calendar Days (weather permitting)

Estimated start work date: Work can start after the following criteria have been met Pre-work conference has taken place, herbicide is available and performance period is in place.

Performance period: 10/1/25-10/20/25. Government preference is for project to be completed as early in the month as possible as weather conditions allow.

Requirement: It is required that the areas described in the Statement of Work be treated in accordance with these specifications. No ground disturbance will be allowed.

Description/Location of Work: Apply Indazaflam (Rejuvra) at a rate of 5oz/acre, Imazapic (PlateauTM / Panoramic 2SL) at a rate of 4 oz/acre, with a NIS adjuvant at a rate of .25% V/V, at the previously mentioned rate with a water carrier volume of 5 gallons per acre on the BLM properties that are located on a plateau above Sieber Canyon totaling approximately 600 acres. This treatment will be an early fall application targeting areas dominated by cheatgrass. All applications must be completed on or before October 20, 2025 unless a change in Period of Performance is granted by the Contracting Officer.

BLM shall supply methods of identifying the treatment units (i.e. flagging and/or GPS files). The contractor at their cost will supply all chemicals, equipment, supplies, and materials to spray designated areas with the identified herbicides at the specified rate. Work under this contract is in Mesa County, Colorado. A Vicinity map showing the project area within which the treatment unit is located is attached. Contractor will not treat areas outside of identified work area.

Contractor: Designated area shall be sprayed in conformance with these specifications and this Statement of Work.

Unless otherwise specified, the Contractor shall furnish at work sites all chemicals, equipment, labor, supplies, and materials required to complete the job, including all water necessary to be used as the carrier agent for mixing the herbicide. The Contractor shall be responsible for service and repair of equipment as necessary to continually maintain satisfactory work progress.

Work location Base of Operation: The Contractor shall provide such operation facilities as may be required for competent performance

Solicitation No. 140L3725Q0116 Page 3 of 45 of contract. Use of any operation area shall be arranged by and at the discretion and risk of the Contractor, and the Government shall not be held responsible for any loss, mishap, or accident due to conditions of any operating facility used. The Contractor shall provide appropriate warning signs for traffic if roads are used as operating sites.

Base Camp/Staging Area: Due to the easily accessed location of project sites, the Contractor may choose to camp in the area, upon approval from the Bureau of Land Management, Grand Junction Field Office. This approved area can also be used as a staging area for equipment and any needed equipment maintenance.

Staging area(s) for herbicide loading, and equipment storage will be submitted by the Contractor prior to the pre-work meeting and approved by the COR. The contractor is responsible for securing permission to use any property or facilities from the appropriate landowner or manager.

Fuel, oil, and grease needed for equipment maintenance during the working period may be stored on site where no leakage or spillage will contaminate the ground. Standard secondary containment for storage tanks shall hold 110 percent of the capacity the largest single tank it contains and be impervious to any oil, glycol, produced water, or other toxic fluid for 72 hours. No staging, equipment maintenance, or refueling will be performed within 200 feet, of any stream channel or waters bodies where petroleum products or other pollutants from equipment may enter these waters.

Spills: The Contractor shall prevent or reduce the discharge of pollutants to the environment by reducing the chance of spills through safe operating practices, maintaining equipment, stopping the source of spills, containing, and cleaning up spills, properly disposing of spill materials, and shall take appropriate corrective action as approve by the COR. The excavated contaminated materials will then be disposed of at a certified hazardous waste facility. Any clean-up and disposal costs are the responsibility of the Contractor. The Contractor shall notify the BLM immediately following a spill.

Staging/Storage: Staging/Storage area for equipment and materials should be located at least 200 feet from streams or any wetland/riparian habitat areas. Any equipment or vehicles driven and/or operated within, or adjacent to streams or other water should be checked and maintained daily to prevent leaks.

Washing Vehicles/Equipment: All vehicles/ground equipment being used on this project shall be steam cleaned or pressure washed prior to starting and/or ending project to prevent the spread of noxious weeds. The area used for this procedure must be pre-approved by the COR or PI.

Herbicide Application

Equipment: The Contractor shall furnish sufficient equipment to satisfactorily treat the designated areas in the time specified as required in this Statement of Work. Contractor shall be capable of applying herbicide at the rate specified in this Statement of Work over varying ground elevation. The Contractor shall comply with all applicable Federal, State and Local regulations.

Environmental Consideration: Hazardous Materials:

1. Application time would be between October 1 and October 20, 2025.

2. The following buffer would be provided for all private lands, open water, and riparian area associated with the project areas: a minimum buffer strip of 100 feet would be provided for spraying. Any deviations must be in accordance with the label for the herbicide. BLM provided shape files will reflect this 100-foot buffer.

3. GPS files of the project areas would be provided to the selected contractor, these files would then be loaded into the required GPS to ensure accuracy of application before application of herbicide is allowed to begin.

4. To minimize drift, application of all herbicides would be confined to periods when wind speed is less than 8 miles per hour, and periods when air turbulence will not affect the normal spray pattern. Application would not occur during precipitation, or if there is a threat of precipitation within 24 hours.

5. To further limit the potential for damaging aquatic habitats, application equipment and calibrations (i.e. spray pressure and droplet size) must be selected to deliver sprays which minimize atomized drift in situations where herbicide could potentially contact surface waters, such as stock reservoirs (regardless of 8 mph guideline). No application of herbicide may occur in drainages and valley floors when rain showers are imminent or likely within 24 hours.

GPS/ARC/INFO compatible navigation system

Solicitation No. 140L3725Q0116 Page 4 of 45

Equipment: Shall be equipped with a GPS Guidance/Tracking system capable of accepting and utilizing ARC/INFO GIS Shapefiles (.shp) and of directly supplying Shapefiles (.shp) of treatment coverage to the Government in UTM projection North America Datum 1983 upon completion of each treated area or as required by the Contracting Officer.

Navigation: Differentially Corrected Global Positioning System (DGPS) DGPS is required for tracking, and data collection. The Contractor shall provide all guidance equipment, materials, computers, printers, personnel, and services required for the system to be used. The system shall be sufficiently sensitive to provide immediate deviation indications (real-time). The DGPS system must be capable of determining a differentially corrected location with an error of no more than one to two meters in the horizontal plane. The guidance system shall be capable of updating current position at a rate of a minimum of one time per second. Differential correction must cover the complete operational area. During operation, differentially corrected signal must be accurately recorded at least 90% of the operational time. Differential correction may be provided by a portable differential station, FM radio fixed towers, or satellite.

Software: Software provided with DGPS must be designed for parallel offset in increments equal to the assigned swath width of the application equipment.

Project Log: Must be capable of a minimum rate of one-second logging intervals. Full record includes position, time, altitude, speed, track, application system on/off, job name/number, and differential correction status. The computer program must be capable of calculating and showing total acres treated during the application and also capable of downloading to a computer for analysis and review. The project log must show actual areas treated when viewed on a computer monitor or printer. Export files of each project log shall be provided and must be compatible with ArcView or ARC-INFO GIS system on a standard USB memory stick. The Contractor may provide software that is compatible, and which will enable the files to convert into viewable files for ArcView or ARC-INFO GIS. The contractor must, upon request by the COR or Project Inspector, be able to supply project log data on a USB memory drive for review at any time during the contract. The Contractor will provide project log data at the end of each day’s application. The Contract will not be considered complete until the data have been reviewed and deemed complete with no skips in the treatment areas.

The DGPS system must be capable of zooming in on any portion of the treatment to view a specific area with greater detail.

Visual Display Monitor and Control Keypad:

i. Capable of displaying swath width over project path.

ii. Mounted in a location that will allow the applicator to view the screen.

iii. Have a method to display nested polygons to indicate sensitive or no-spray areas within or adjacent treatment blocks.

iv. Have a feature that allows the applicator to return to the exact location of application shutdown and complete application without omitted or doubled treated areas.

v. Be able to input reference waypoints (A-B line):

vi. Have a feature which alerts applicator when they are about to enter or exit a specific treatment block or an exclusion area within a block.

Course Deviation Indicator (CDI): The course deviation indicator or course deviation light must have the capability to display both cross-track error and intercept angle to desired heading. Cross- track error shall be adjustable down to 1’ foot.

Memory: Contractor must be capable of storing up to 10 hours of continuous project log data.

Application Log: Must be capable of calculating and showing total acres treated and shall document treatment in all areas that are sprayed. A color printout and Export files of application paths shall be provided on a standard removable drive, compact disc or other appropriate media approved by the contracting officer and the Grand Junction Field Office and must be compatible with ARC/INFO GIS. All GPS data shall be submitted to BLM within 10 days of completing the contract.

Shapefiles are the preferred file format.

Spraying

Parameters: The Contractor shall furnish all chemicals, labor, equipment, and any other needed items to apply herbicide in identified solution to designated areas at the rates specified using appropriate application equipment and delivery

Solicitation No. 140L3725Q0116 Page 5 of 45 method in the time specified at their cost.

All spraying equipment shall be calibrated to measure the actual acres sprayed. Pre-application test patterns will be made at contractors cost to predetermine spray pattern, density, and effective swath width.

Spray nozzles shall be set to produce spray droplets with a median diameter of 200 microns or larger to minimize drift.

Contractor will supply any personnel they need to perform according to contract specifications or that they may see fit.

All persons applying herbicides must be licensed by the Colorado Department of Agriculture. Certification must be for the use of herbicides in the Rangeland Pest Control category. Appropriate proof of license must be submitted to the contracting officer within one week of notification of award of bid.

Any equipment used in the performance of this contract must be capable of spraying at approximately 120 mph or less.

Contractor shall furnish all necessary equipment, suitable marking equipment to insure straight and regular herbicide application paths on all units to be treated. The contractor at their expense shall furnish all fuels, lubricants, necessary equipment, and operating supplies.

Maximum wind velocity at which spray may be applied in any treatment area is 8 miles per hour.

Spraying shall not be done on wet days or when rain is imminent within label rain fast guidelines or when target plant species are retaining moisture on foliage from rain, heavy dew, or frost.

All herbicide label precautions and directions for use will be followed and strictly adhered to.

Temperature at the time of application shall be within 45 to 85 degrees Fahrenheit.

Coverage of areas to be treated shall be the designated areas and plant species only according to contract and should not include any other areas or species without prior approval by the BLM.

A copy of the state required herbicide application work sheet shall be submitted to the contracting officer within 24 hours of any application. Work sheets for each application and all work performed shall include: customer or land track name, acres per treatment site, weed species treated, location by latitude and longitude, date, time, wind speed and direction, temperature, carrier, gallons per acre, chemicals applied and associated EPA REG numbers and amount per acre, total gallons per site and contract totals.

Scheduling: Scheduling of all work under this contract shall be coordinated and approved between the contractor and the contracting officer representative (COR) prior to any spraying activity.

Product Verification: All herbicides used shall be transported to the work site in the original unopened containers with the manufacturer’s labels intact.

Location of project units: Work under this Contract is in Mesa County, Colorado, approximately 20 miles WSW of Grand Junction. The work location is shown on attached maps.

Government Furnished Supplies and GPS Coordinates:

Unit boundaries will be provided in electronic shape files. Boundaries will not be marked on the ground. After the contract is awarded, more detailed maps can be provided. Some options are:

Geo-referenced maps at a scale of 1:24k or larger (if more detail is needed) that can be used with the Avenza app.

Geospatial data formats the data can be provided in:

GPX file (can be used on a Garmin GPS) KML file shapefile geodatabase

Field Maps web map - the contractor could get an account through the ArcGIS Online Geoplatform organization, and we could share a web map for use in the Esri Collector app.

Contractor Furnished Items:

Solicitation No. 140L3725Q0116 Page 6 of 45

Contractor: The Contractor shall provide all chemicals, labor, transportation, tools, and equipment necessary to perform the requirements of this contract, including water necessary to be used as the carrier agent for mixing the herbicide. Drift agents may be used. If a drift control additive is used, read and carefully observe the cautionary statements and all other information appearing on the additive label. The Contractor shall provide the drift agent. Controlling drift is the responsibility of the Contractor.

Equipment: The Contractor shall furnish equipment to apply herbicide to the designated areas in the time specified.

Spraying Equipment that cannot perform the specified work shall be modified or replaced by the Contractor prior to beginning work. Equipment needs to have the capability to maneuver on, over, and through steep terrain.

Spray Tanks - Spray solutions of the product shall be mixed, stored and applied using only stainless steel, aluminum, and fiberglass, plastic or plastic-lined steel containers.

Spray Nozzles - Contractor shall furnish a nozzle type that is designated for the intended application. Refer to the Label for proper nozzles to comply with Drift Management Section.

Booms - Contractor shall furnish non-rust booms. The distance of the outermost nozzles on the boom must not exceed 3/4 the length of the helicopter rotor or airplane wingspan.

The following tank loading sequence will be used:

1) Half water

2) Add Indaziflam and mix thoroughly

3) Add Imazapic

4) Add NIS

5) Remaining water *Agitate thoroughly after each component is added. Maintain agitation during spraying.

Re-agitate any mixture left standing before application.

Monitoring Equipment: The Contractor shall furnish equipment to monitor and insure evenly spaced, straight, regular, and complete coverage of all areas included in the spraying job.

Work Crew: All Crew for operation of equipment, herbicide mixing and loading shall be furnished by the Contractor.

Spraying Operation

Hazards: Any hazards that would pose a danger to Contractor, Contractor’s personnel or operating equipment shall be identified, mitigated and/or avoided by the Contractor and brought to the Government representative’s attention.

Rate of Application: Herbicide shall be applied at the application rate per acre according to this Statement of Work or as directed by the Contracting Officer or the Contracting Officer’s Representative (CO/COR). The carrier for the chemical will follow the amount specified in this Agreement but will not be less than label limits for aerial or ground application. Contractor will be required to demonstrate that they can provide adequate and uniform coverage. Contractor shall furnish mixing equipment, suitable work crew, and perform mixing operation. Spray formulation shall be thoroughly mixed according to the Label and distributed over entire area. Distribution of herbicide shall not vary more than ten percent (10%) above or below the average distribution of herbicide per acre from that specified.

Application Conditions: Herbicide shall not be applied when the wind speed exceeds eight miles per hour, during precipitation, or if there is a threat of precipitation within 24 hours. See above Environmental Considerations: Hazardous Materials section for additional requirements.

Coverage: The entire surface within the designated boundaries of the job area shall receive uniform coverage with the herbicide. Treatment strips shall be patterned and applied in such a manner as to secure as high a uniformity of distribution. Inspection will be made as operations progress to determine uniformity of application. Any areas missed by

Solicitation No. 140L3725Q0116 Page 7 of 45 the Contractor shall be reapplied and brought up to standard, or by suitable deduction from contract price, at the option of the Government. No additional cost to the Government will be incurred.

Work Stoppages: The Government reserves the right to stop spraying operations at any time when conditions are considered sufficiently unfavorable to warrant stoppage. Stoppage shall continue until spraying operations are again authorized by the Government. No monetary compensation will be given to the Contractor for work suspensions.

Completion of Contract: The contract will be considered completed, and payment due when herbicide and adjuvant has been applied by the Contractor to the standards specified above; or if performance under the contract is ordered to be terminated by the Government; and when the Contractor has furnished the Government with the Shapefiles and Printouts.

Environmental Consideration: The project site shall be cleaned up, and all refuse shall be removed and disposed of at an approved landfill.

List of attachments

Evaluation Criteria Evaluation will be based on Best Value with Trade Offs focusing on the following criteria:

1.) Technical description of your approach to the project including:

Past Experience Equipment Personnel- Names and Titles Safety plan including contacts and procedures in case of an emergency Work schedule o Dates of milestones o Sequence of sites to be completed o Anticipated duration of the project

Staging areas / Landing facilities Equipment to be used

2.) Past performance:

Include contact information for three (3) past performance references for projects of similar scope

3.) Price

Complete the attached Schedule of Items

The government may, at its discretion, base past performance on past knowledge and previous experience with the contractor service being provided, customer survey or other reasonable basis.

Award will be based on best value to the government. The best value to the government may or may not be the lowest priced offer.

Identification of Proposal/Quote Completely identify each submittal by showing at a minimum, the following information:

1. Name and address of submittal, plus name and telephone number of the individual to contact for further information.

Quality assurance

A. Codes and Standards: The work shall comply with codes and standards applicable to each type of work and as listed in the individual sections of these specifications.

B. Conflict: Where conflict occurs between reference documents and project specifications, the project specifications shall govern.

Sequencing and scheduling

Solicitation No. 140L3725Q0116 Page 8 of 45

Work Schedule: When requested by the CO/COR, the Contractor shall submit an updated schedule within 1 calendar day to the CO, with a copy to the COR.

PROJECT MEETINGS

Meeting Schedule: When requested, the Contractor shall submit an updated schedule within 1 calendar day.

Pre-Work Conference: A pre-work conference will be held prior to the start of work. The Contractor will be notified in advance of meeting time, date, and place. The purpose will be to review required work, Work Location Maps and specifications, schedules, payments, and administrative provisions of the Contract.

Attendance: The Contractor, any subcontractors and the persons responsible for coordination of the work shall be present at the meeting.

Presentation: At this meeting the Contractor shall be prepared to summarize and explain procedures planned for the project.

Progress Meetings: Meetings shall be held at the project site, or as determined by the CO/COR.

Notification: Meetings may be called by either the CO/COR or the Contractor. Request shall state who should attend and include an agenda.

Final Inspection: This meeting shall be held at the project site, or as determined by the CO/COR. The Contractor and the COR shall be present during this inspection.

COR: Erin Kowalski 970-244-3093 Ekowalski@blm.gov Project Inspector: Russ Knight 970-244-3012 Rknight@blm.gov

Payment

Payment: Measurement for payment for herbicide application will be actual area, in acres, within the designated boundaries satisfactorily sprayed in conformance with these specifications. Measurements will be made from Shapefiles and Printouts. Payment will be made at the unit price per acres specified in the Bid Schedule which is made a part hereof and shall include the cost of all work described in this paragraph and the Work Data Sheets.

Inspection and acceptance

Inspection: The COR/ PI will make periodic inspections as a basis for payments and recommendations for adjustments in work quality. The Contractor is encouraged to observe inspection while they are being made and have a supervisor on site to confer with the COR/ PI.

Shapefiles will be viewed and/or given to the COR/ PI on a daily basis. The determination of acres completed shall be agreed upon by the Contractor and the COR/ PI on a daily basis.

Final acceptance

Work Performed: According to the specifications, the treatment will be considered acceptance for payment if all deliverable services are complete.

Final Payment: Shall be made upon final acceptance of services, Government receipt of Shapefile Printouts from Contractor, return of Government-furnished property (if any) and receipt of a proper invoice through IPP.gov. Payment will be made by “acre”. All acres identified in the mapped work-area shall be completed in order to receive 100% payment.

Solicitation No. 140L3725Q0116 Page 9 of 45

General information

Location: The government furnished property will be provided by the Bureau of Land Management, Grand Junction Field Office, Grand Junction, CO, 81506.

Solicitation No. 140L3725Q0116 Page 10 of 45

SECTION C - CONTRACT CLAUSES

C.1 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND

COMMERCIALS SERVICES. FAR 52.212-4 (NOV 2023)

Addendum to 52.212-4:

C.2 ADDENDUM TO FAR. FAR 52.212-4

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 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.

(End of Clause)

Solicitation No. 140L3725Q0116 Page 11 of 45

--- End of Addendum to 52.212-4---

C.3 CONTRACT CLAUSES INCORPORATED BY REFERENCES. FAR 52.252-2 (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52).

Department of the Interior Acquisition Regulation (DIAR) Clauses: https://www.acquisition.gov/diar.

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

C.4 Contract Terms and Conditions Required to Implement Statutes or Executive Orders–

Commercial Products and Commercial Services. FAR 52.212-5 (JAN 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)).

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:

[ ] (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.)

(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).

[XX] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-

282) ( 31 U.S.C. 6101 note).

Solicitation No. 140L3725Q0116 Page 12 of 45

[ ] (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).

[XX] (9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

[ ](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).

[ ] (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.

[XX](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) [Reserve [ ] d]

[XX] (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) Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

[ ] (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).

[XX](26) (i) 52.219-28, Post award Small Business Program 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)).

[XX] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[XX](32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2025) (E.O.13126).

[ ] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

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

[ ] (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.

[XX] (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.

[ ] (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

Solicitation No. 140L3725Q0116 Page 13 of 45

[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

[XX] (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).

[ ](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.).

[XX](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.

[ ] (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

[ ] (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), 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 [Reserved].

[ ](iii) Alternate II (JAN 2025) of 52.225-3. [ ] (iv) Alternate III (NOV 2023) 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).

[ ] (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).

[XX](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).

[XX] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (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).

[ ](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.

(a) 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:

[XX] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

[XX] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

Solicitation No. 140L3725Q0116 Page 14 of 45

U.S.C. chapter 67).

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

[List as necessary]

[ ] (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).

[XX] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

[XX] (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).

(b) 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.

(c) (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).

Solicitation No. 140L3725Q0116 Page 15 of 45

(vi) 52.204-27, Prohibition on a ByteDance Covered…

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