Sol_140P2123Q0220.pdf

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SAGEBRUSH HABITAT SEED COLLECTION Federal contract opportunity
Solicitation number
140P2123Q0220
Issued by
Department of the Interior National Park Service

About this file

This request for quote (RFQ) from the Department of the Interior National Park Service solicits proposals for a firm-fixed-price commercial services contract to provide native seed collection and delivery in support of sagebrush habitat restoration efforts in Colorado. Offerors must submit proposals by September 1, 2023 detailing their experience collecting native grass and forb species in the western U.S. using the Seeds of Success protocol, as well as resumes for personnel. The contract would run from September 2023 through February 2025 and include seed collection in 2024 with delivery by January 2025, with optional tasks for 2023 collection and delivery. Pricing is requested for the base period and optional tasks. The award will be made based on price and non-price factors including the offeror's experience and personnel qualifications.

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10_2_2__Provisions_to_be_completed-certified.docx DOCX document

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COMBINED SYNOPSIS/SOLICITATION

140P2123Q0220, Page 1 of 3

TITLE: SAGEBRUSH HABITAT SEED COLLECTION, COLORADO

IMPORTANT: SEE ENCLOSED: REQUEST FOR QUOTE (RFQ) TERMS AND CONDITIONS,

140P21Q0220 (22 PAGES)

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation subpart (FAR) 12.6, as supplemented with additional information included in this notice.

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

To be considered for award, your company must obtain a unique entity identified (UEI). Your company must also be registered in the System for Award Management (SAM) and this registration must be active in SAM at the time of the quote close date/time – as well as, at the time of award and throughout the entire award/contract performance.

SAM registration is FREE: The website is https://www.sam.gov

Call (866) 606-8220 if you have registration questions. For assistance with registration or updating SAM, contact the Procurement Technical Assistance Center nearest you: http://www.aptac-us.org/new/Govt_Contracting/find.php.

SOLICITATION NUMBER 140P2123Q0220

RESPONSE DATE/TIME/ZONE 09-01-2023 12:30 PM ED, NEW YORK, USA

SET-ASIDE TOTAL SMALL BUSINESS

PRODUCT SERVICE CODE F009, NATURAL RESOURCES/CONSERVATIONSEED

COLLECTION

NAICS CODE 113210, FOREST NURSERIES AND GATHERING OF

FOREST PRODUCTS

SIZE STANDARD $20.5M

CONTRACTING OFFICE ADDRESS

NATIONAL PARK SERVICES-WASO-WCP

CONTRACTING

PO BOX 25287 MS WCP

DENVER, CO 80225

POINT OF CONTACT/SUBMIT QUOTE BY

EMAIL TO

CONTRACT SPECIALIST/CONTRACTING OFFICER

JACQUELINE E. SCOTT

JACQUELINE_SCOTT@NPS.GOV

1. SOLICITATION TYPE

Request for Quote (RFQ), Written Quotations for award of a Commercial Service, Firm-Fixed Priced, Purchase Order.

2. FEDERAL ACQUISITION CIRCULAR

The incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04, Effective Date 02-JUN-2023.

3. GENERAL DESCRIPTION OF REQUIREMENT

This contract will provide native seed collection and delivery to facilitate the restoration of native sagebrush vegetation in National Park Service units.

140P2123Q0220, Page 2 of 3

Colorado, Collection is permissible anywhere within Black Canyon of the Gunnison National Park (BLCA) and Curecanti National Recreation Area (CURE) boundaries, with the exception of the Black Canyon of the Gunnison Wilderness area.

SEE CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS, PERFORMANCE WORK STATEMENT, 5

PAGES.

4. DELIVERY DATES/DURATION OF CONTRACT PERIOD/PERIOD OF PERFORMANCE

Period of Performance is the date of award – 1-FEB-2025 (The estimated award date, is on or around 18-SEP-

2023), FOB: DESTINATION

5. 52.212-1, INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) AND AN ADDENDUM

The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition. Addenda are included, See PAGE 18 of the REQUEST FOR QUOTE TERMS AND

CONDITIONS, SOLICITATION PROVISIONS, INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES.

6. 52.212-2, EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021) AND AN ADDENDUM

The provision at 52.212-2, Evaluation—Commercial Products and Commercial Services , applies to this acquisition. See the full provision, PAGE 21 of the REQUEST FOR QUOTE TERMS AND CONDITIONS, SOLICITATION PROVISIONS, EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES.

7. 52.212-4, CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

The clause 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition. Addenda are included. See REQUEST FOR QUOTE TERMS AND CONDITIONS, CONTRACT

CLAUSES.

8. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(JUN 2023)

The clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services. See below REQUEST FOR QUOTE TERMS AND

CONDITIONS, CONTRACT CLAUSES.

9. NOTICE OF SOLICITATION CANCELLATION

The contracting officer may publish notices of solicitation cancellations (or indefinite suspensions) of proposed contract actions in the GPE (SAM.gov).

10. COMBINED SYNOPSIS/SOLICITATION ATTACHMENTS, EXHIBITS OR ENCLOSURES

# DESCRIPTION NUMBER

OF

PAGES

DATE

10.1. SF 1449 (INFORMATIONAL ONLY)

10.2. REQUEST FOR QUOTE TERMS AND CONDITIONS

(INCLUDING INSTRUCTIONS AND EVALUATION

CRITERIA)

22 RFQ ISSUED

140P2123Q0220, Page 3 of 3

10.2.1. ATTACHMENT: COLORADO STATEWIDE, 1976-1351

4 30-JUN-2023

10.2.2. ATTACHMENT: PROVISIONS TO BE COMPLETED-

CERTIFIED (MS WORD]

15 MULTIPLE

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

PWA

Denver CO 80225 P.O.Box 25287 MS WCP NPS, WASO - WCP Contracting

0009060554 CODE 16. ADMINISTERED BYCODE

X

X

X

113210

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORPWA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/01/2023 1230 ED

08/17/2023

0000000000Jacqueline Scott (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140P2123Q0220

5. SOLICITATION NUMBER

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

1 25 0040628229OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Lakewood CO 80228-0287 12795 W. Alameda Parkway

NPS, IMR - DE - MABO

15. DELIVER TO

Denver CO 80225 P.O.Box 25287 MS WCP

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$20.5

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

NPS, WASO - WCP Contracting

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

SAGEBRUSH HABITAT SEED COLLECTION, COLORADO

PMIS: 334248

FOB DESTINATION: 63095 Deschutes Market Road, Bend, OR 97701

COMBINED SOLICITATION SYNOPSIS.

FAR 12.603: This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Jacqueline Scott

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Acquisition Regulation subpart 12.6, as supplemented with additional information included in the enclosed and attached. This constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.

In accordance with FAR subpart 12.603(b), this form (SF 1449) is not required and is not a formal part of the issued synopsis/solicitation.

It will, however, be used for the issuance of an award.

Period of Performance: 09/18/2023 to 02/01/2025

00010 FFP: Task 1 2024 Native Seed Collection, in accordance with this purchase order and the enclosed Performance Work Statement.

Product/Service Code: F009

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- SEED COLLECTION/PRODUCTION

Delivery: 12/31/2024

Period of Performance: 06/01/2024 to 12/31/2024

00020 FFP: Task 2 2024 Seed Delivery, in accordance with this purchase order and the enclosed

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

25 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 25

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140P2123Q0220

Performance Work Statement.

Product/Service Code: F009

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- SEED COLLECTION/PRODUCTION

Delivery: 02/28/2025

Period of Performance: 11/01/2024 to 02/28/2025

00030 FFP: Option Task 3 2023 Seed Collection, in accordance with this purchase order and the enclosed Performance Work Statement.

Product/Service Code: F009

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- SEED COLLECTION/PRODUCTION

Delivery: 12/31/2023

Period of Performance: 09/18/2023 to 12/31/2023

00040 FFP: Task 4 2023 Seed Delivery, in accordance with this purchase order and the enclosed

Performance Work Statement.

Product/Service Code: F009

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- SEED COLLECTION/PRODUCTION

Delivery: 02/28/2024

Period of Performance: 11/01/2023 to 02/28/2024

Contracting Officer: Jacqueline Scott, jacqueline_scott@nps.gov, (202) 354-3994

Contracting Officer Representative: [Designated at award]

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

Sponsored by GSA

FAR (48 CFR) 53.110

REQUEST FOR QUOTE (RFQ)

TERMS AND CONDITIONS

140P2123Q0220

FOB: Destination, Period of Performance/Delivery:

Est. 18-SEP-2023 – 1-FEB-2025

Quotes shall be valid for: 60 calendar days

Return your company’s quote in accordance with the request for quote by the due date and time. Send the quote by email to the Contracting Officer listed below.

ALL inquires shall be made to the Contracting Officer.

Contracting Officer

Email Address

Phone Jacqueline Scott Jacqueline_scott@nps.gov (202) 354-3994

DUE DATE AND TIME: 1-SEP-2023, 1230 ED

QUESTIONS ACCEPTED THROUGH: 24-AUG-2023, 1230 ED

SITE VISIT: Not scheduled (if needed, request a site visit soonest, but no later than the Questions due date above)

Sagebrush Habitat Seed Collection, Colorado

SOLICITATION NO. CONTRACT NO. ORDER NO. PARK/PMIS

140P2123Q0220 [UPDATED UPON AWARD] [UPDATED UPON AWARD] BLCA/CURE/334248

AMENDMENT NO. DESCRIPTION. PR NO. PAGE NO.

Sagebrush Habitat Seed Collection 40628229 Page 2 of 22

CHECKLIST FOR QUOTE SUBMITTAL:

# Documents to Complete in Quote Package Check Box

1. Checklist for Quote Submittal – the checklist is this page of the solicitation completed as the first page in the package

2. Signed amendments (SF 30), if applicable ☐

3. Completed and submit the Provisions to be completed-certified document. See attachment ☐

4. Provide information narratives that conveys to the Government and demonstrates how the company will successfully meet the needs of the Performance Work Statement (limited to 1 page, excluding resume) per the “TO SUBMIT AN OFFER, FACTORS”

5. Complete price schedule, Page 3 of this document and submit a list of any assumptions made in the development of this quote

Offeror’s (Company’s) Core Information

Offerors Company Name Cage Code / Offerors Unique Entity Identifier (UEI):

Offerors POC Offerors POC Email/Phone (Payment) Discount Terms ______%, ______ Days: NET 30

Quote is valid for _______ calendar days Field Survey Crew Size, including Botanist ____ people

Travel From Location (if applicable): ____________ (city) _____(state)

Sagebrush Habitat Seed Collection 40628229 Page 3 of 22

SUPPLIES OR SERVICES AND PRICES/COSTS continuation

This requirement is for one (1) Firm Fixed Price, Commercial Items Services Contract for Sagebrush Habitat Seed Collection, Colorado, PRICE SCHEDULE

Item no.

Item Description

Quantity Unit of

Measure

Unit Price

Total 00010 FFP: Task 1 – 2024 Native

Seed Collection

Lump Sum

00020 FFP: Task 2 – 2024 Seed Delivery

TOTAL – Base

00030 (Option Item)

FFP: Task 3 - 2023 Seed Collection

00040 (Option Item)

FFP: Task 4 - 2023 Seed Delivery

TOTAL – Options

TOTAL – Base + Options

Sagebrush Habitat Seed Collection 40628229 Page 4 of 22

TABLE

CONTRACT CLAUSES-

ANY CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

SOLICITATION PROVISIONS-

ADDENDUM: 52.212-1, INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES, MAR 2023

ADDENDUM: 52.212-2, EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES, NOV 2021

CONTRACT CLAUSES-

CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. CLAUSE TITLE CLAUSE

DATE

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

DEC 2022

52.212-4 Addendum

CLAUSE NO. CLAUSE TITLE CLAUSE

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020

52.233-1 DISPUTES MAY 2014

52.247-48 F.O.B. DESTINATION-EVIDENCE OF SHIPMENT FEB 1999

52.203-19, PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

(JAN 2017)

(a) Definitions. As used in this clause-

Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

Sagebrush Habitat Seed Collection 40628229 Page 5 of 22

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

DOI-AAAP 0028-03 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:

- Invoice o Including summary of deliverables delivered and the method of delivery, including the date of the delivery;

o See FAR Clause 52.212-4(g), Invoices for additional information

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

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

(End of Local Clause)

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;

Sagebrush Habitat Seed Collection 40628229 Page 6 of 22

(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)

1452.228-70, LIABILITY INSURANCE-DEPARTMENT OF THE INTERIOR, (JUL 1996)

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$ 100,000 each person $ 500,000 each occurrence $ 100,000 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

20240.

(End of 52.212-4 Addendum)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(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 and Other Covered Entities (NOV 2021) (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).

Sagebrush Habitat Seed Collection 40628229 Page 7 of 22

(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:

[Contracting Officer check “X” as appropriate.] __ (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282)

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

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-

328).

X (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) ( 41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (13) 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).

__ (14) [Reserved] X (15)

(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.

__ (16)

(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.

__ (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (18)

(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) ( 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 (SEP 2021) of 52.219-9.

__ (19)

(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.

__ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 15 U.S.C. 657f).

X (23)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023)( 15 U.S.C. 632(a)(2)).

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

__ (24) 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)).

__ (25) 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)).

Sagebrush Habitat Seed Collection 40628229 Page 8 of 22

__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

X (28) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126).

X (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (31)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

__ (32)

(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

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

__ (33)

(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.

__ (34) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X (36)

(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).

__ (37) 52.222-54, Employment Eligibility Verification (MAY 2022) (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.)

__ (38)

(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.)

__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.

13693).

__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN

2016) (E.O. 13693).

__ (41)

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (42)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__ (44)

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

__ (ii) Alternate I (JUN 2014) of 52.223-16.

__ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (48)

(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

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

__ (49)

(i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (50)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) ( 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 (DEC 2022) of 52.225-3.

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

Sagebrush Habitat Seed Collection 40628229 Page 9 of 22

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (51) 52.225-5, Trade Agreements (DEC 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (52) 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).

__ (53) 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).

__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (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) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

__ (64)

(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:

[Contracting Officer check as appropriate.] 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).

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

Employee Class Monetary Wage – Fringe Benefits (5003) Nursery Specialist (08280), NA-6, Step 2 $21.27 - $6.38 (5003) Forestry Technician (08190), NA-4, Step 2 $19.59 - $5.87

__ (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 (JAN 2022).

__ (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).

(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.

Sagebrush Habitat Seed Collection 40628229 Page 10 of 22

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section

743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 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).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117- 328).

(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 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.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

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

(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

(xiv)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 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).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xx)

(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

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

(xxi) 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).

(xxii) 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.

(xxiii) 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.

(xxiv) 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.

Sagebrush Habitat Seed Collection 40628229 Page 11 of 22

52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far and https://www.acquisition.gov/diar/part-1452-solicitation-provisions-and-contract-clauses (End of Clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation System (48 CFR Chapter 14, Subchapter A, Part 1401) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(END OF CLAUSES)

Sagebrush Habitat Seed Collection 40628229 Page 12 of 22

ANY CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

No. DESCRIPTION DATE PAGES 1 Performance Work Statement (Enclosed below) 17-AUG-2023 5 2 SCLS, Wage Determination, Colorado Statewide, 1976-1351 v 70

(NOTE: The most recent current wage determination will apply)

30-JUN-2023 4

3 Provisions to be completed-certified MULTIPLE 15

PERFORMANCE WORK STATEMENT

PMIS #334248

17 August 2023

BIL Phase 1, Activity 9, Sagebrush Habitat Seed Collection

SCOPE: The contractor shall perform the work of this contract for the National Park Service (NPS) as described below.

CONFIDENTIALITY: The information developed under this contract is the property of the U.S. government and shall be kept in strict confidence.

PERFORMANCE PERIOD: The work of this contract shall be provided from date of award (2023) through February 1, 2025.

PROJECT IDENTIFICATION: The work of this contract shall consist of native seed collection and delivery.

CONTACTS:

The Contracting Officer’s Representative (COR) for this contract is: See COR appointment Letter

I. GENERAL DESCRIPTION OF WORK

This contract will provide native seed collection and delivery to facilitate the restoration of native sagebrush vegetation in National Park Service units.

II. SCOPE OF SERVICES

TASK 1. 2024 Native Seed Collection (Item No. 0001)

The work of this task is to collect native plant seed that will be cleaned and sent to a grower to start seed increase fields.

Seed shall be collected from 4-5 different species (likely half grasses and half forbs) during the 2024 growing season. A listing of the potential species for collection is in Table 1 below (only a subset of 4-5 species will be agreed upon for collection and only a total of 45 bulk pounds is required for collection). A final determination on which species to collect will be determined by the NPS in conjunction with the Contractor prior to collection and will be dependent on which species are most readily available that growing season. Collection is permissible anywhere within Black Canyon of the Gunnison National Park (BLCA) and Curecanti National Recreation Area (CURE) boundaries, with the exception of the Black Canyon of the Gunnison Wilderness area (Contractor is responsible for knowing location of designated Wilderness boundary when collecting). (Map will be provided) Collection within Colorado National Monument may also be approved by NPS. Collection outside of NPS lands is also acceptable, as long as the Contractor has obtained permission, in the following Colorado counties: Delta, Mesa, and Montrose within the elevation band of 4500 to 6500 feet. Within a week after award, the Contractor must submit a BLCA/CURE research permit application for collection before collection may begin. Both park units should be called out as collection areas under one BLCA research permit application. The research permit application can be found at https://irma.nps.gov/RPRS/.

1. Seed Collection: Collect the species and quantities listed below (Table 1) using the Seeds of Success protocol. The

Sagebrush Habitat Seed Collection 40628229 Page 13 of 22

NPS staff at BLCA will provide phenology updates on flowering and seed set and some potential collection locations.

Species occur in both sparse and dense patches and collection sites may be dispersed throughout the Park.

Seed shall be collected throughout the growing season, i.e., for early, middle and late ripening species. Collection sites and timing of seed collection must be coordinated in advance with the COR. The Contractor shall collect seed as directed herein using the Quality Standards as listed in section III. Within a week after award, the contractor shall provide the seed collection and drying protocols for acceptance by the COR. The Contractor shall provide all labor, materials, equipment, supplies, and transportation to collect seed and to properly handle and dry collected seed. Collection records shall be maintained and provided to the COR at the end of the collection season.

Between the time seed is collected and when it is cleaned the Contractor shall assure all plant material is properly handled and labeled. Proper handling may include drying seed on tarps or racks and turning daily. Seed may also be dried in well-ventilated and labeled seed collection or paper bags, by turning materials daily. The Contractor shall also take precautions to prevent the predation of seed by insects, rodents, and any other animal, as well as contamination with other plant materials (particularly non-collected seed).

The Contractor shall maintain a log-book of daily collection activities. Activities including hours spent collecting, species collected, bulk weights of the days collected materials, GPS locations of collections (in latitude and longitude or UTMs), and species labeling, drying, and handling procedures shall be documented. The log-book shall be provided to the COR at the end of each collection trip. The Contractor shall provide GIS shapefiles and the datum used for GPS at the end of the collection season.

Adjustments will be made based on field conditions should phenology and/or growing conditions prevent collecting at the anticipated time or if target species are not available at the targeted rates. All adjustments must have prior approval from the COR.

This task shall also follow all of the Quality Standards listed below in III.

Table 1. – 2024 Seed Collection Species List. Anticipated species and target bulk collection pounds are shown below.

Adjustments will be made based on field conditions. Field conditions may vary widely due to un-predictability of snow and rainfall.

*The Bulk pounds listed are the amount per species the Contractor shall strive to collect under this contract if this species is chosen for collection. If the Contractor finds that the amount available for collection is over or under 10% of the amount listed in the table they shall contact the COR for approval to over collect that species or make a species substitution if it cannot be found at the table listed quantity.

**The total Bulk pounds is a required amount, whereas the Bulk pounds per species can be altered per COR approval.

Species

Target Collection (Bulk pounds)*

Achillea millefolium 5

Balsamorhiza sagittata 35

Bouteloua gracilis 3

Elymus elymoides 7

Erigeron speciosus 2

Heliomeris multiflora 9

Lupinus caudatus ssp caudatus 30

Machearanthera canescens 1.5

Packera multilobata 2.5

Pascopyrum smithii 8

TOTAL REQUIRED BULK

POUNDS**

Sagebrush Habitat Seed Collection 40628229 Page 14 of 22

TASK 2. 2024 Native Seed Delivery (Item No. 0002) Seed shall be delivered to Bend Seed Extractory (address: 63095 Deschutes Market Road, Bend, OR 97701) by date determined by the COR (generally in November). This date may change depending on collection timelines and must be coordinated with the COR to ensure the Bend Seed Extractory is prepared for the shipment. The Contractor shall follow state seed laws and assure safe, legal, and prompt delivery of seed to the extractory. Seed shall be transported in industry standard seed bags. Seed shipment shall be expedited and tracked (tracking number shall be emailed to COR upon shipment) to minimize the amount of time the seed spends in non-climate controlled conditions. This task shall also follow all of the Quality Standards listed below in III.

TASK 3. OPTION: 2023 Seed Collection (Item No. 0003) Follow the Scope of Services listed above for Task 1, but only anticipate to collect 1-2 species from Table 1. The 1-2 species shall be determined in coordination between NPS and the Contractor, but the Contractor should assume 10 pounds of bulk seed shall be required.

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