Solicitation 1240BD22Q0143 Invasive Plant Survey and Treatment..pdf

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CODE 18a. PAYMENT WILL BE MADE BY

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FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

05M6

EVERETT WA 98201

2930 WETMORE AVE SUITE 3A

MT BAKER SNOQUALMIE NATIONAL FOREST

USDA FOREST SERVICE

05J8 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR05M6

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/12/2022 1400 PD

07/01/2022

509-423-2224JORGE SOMOZA

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240BD22Q0143

5. SOLICITATION NUMBER

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

1 661062508OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

CLE ELUM WA 98922

803 WEST 2ND

CLE ELUM RANGER STATION

USDA FOREST SERVICE

15. DELIVER TO

EVERETT WA 98201

2930 WETMORE AVE SUITE 3A

MT BAKER SNOQUALMIE NATIONAL FOREST

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA FOREST SERVICE

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.

Okanogan-Wenatchee National Forest Invasive Plant Survey and Treatment Delivery: 10/31/2024 Period of Performance: 07/18/2022 to 10/31/2024

Okanogan-Wenatchee National Forest invasive weed management.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

JORGE SOMOZA

. 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.

SAM UEI:

CONTRACTOR'S EMAIL

Point of Contact jorge.somoza@usda.gov Technical helen.lau@usda.gov

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule INVASIVE PLANT SURVEY AND TREATMENT

Contractor:

Issuing and Billing Office:

USDA Forest Service Okanogan Wenatchee National Forest 215 Melody Lane

Wenatchee, WA 99901 Item No.

Subite m No.

Description

Estimated Quantity

Order

Unit Unit Price

Amount

Roadside herbicide treatments on the Methow Ranger District, ATV or Truck-mounted sprayer

AA

Site: site Cub and Cedar fire-know invasive populations-spring and fall treatment Targets: Plants will be provided (2023)

Acres

AB

Site: site Cub and Cedar fire-1Survey Map and Remove- one season treatment Targets: See target species list (2023)

0002 Backpack treatments on the Methow Ranger District

Site: Methow Bluebuck Targets: Orange Hawkweed (2022)

60 Acres $ $

AB

Site Cub Creek Fire and Cedar Fire EDRR Targets: WA Noxious Weed List (2023- 2025)

Roadside herbicide treatments on the Naches Ranger District, ATV or Truck-mounted sprayer-Level Moderate

Site: Naches 01-Schneider Fire roadside-spring and fall treatment Targets: WA Noxious Weed List (2023- 2025)

AB

Site: Schneider Fire roadside-1Survey Map and Remove- one season treatment Targets: See target species list (2023)

0004 Backpack treatments on the Naches Ranger District

Schneider Springs Fire (2023)-Locations being identified in 2022.

110 acres $ $

TOTAL PRICES FOR BASE ITEMS

1001 **OPTION ITEM**

Backpack treatments

AA

Site Methow Ranger District: Cub and Cedar -undetermined until 2024Site Naches

100 Acres $ $

AB

Ranger District: Schneider Fire -undetermined until 2024

100 Acres $ $

TOTAL OPTION ITEMS

QUOTE DUE 2:00 PM, PST. ON 07/12/2022. EMAIL TO:

Jorge.somoza@usda.gov

TOTAL PRICE:

Contractor: (Name and Signature)

Ordered By: (Name and Signature)

Contracting Officer

1Survey, Map and Remove-Survey for state listed noxious weeds, map using a GPS device with applications such as ArcCollector, in Lat/Long or some type of approved mapping application, followed by manually remove or spot treat new infestations and recording methods and quantities if herbicide. If the infestation falls within the riparian reserve notify botanist before herbicide treatment (Figure xx).

Forest priority and all state noxious weeds will be surveyed for (table xx). These types of invasive populations will likely be smaller (example: post burn surveys). This work will be on foot.

Invasive Species Herbicide Treatment

STATEMENT OF WORK

1. SCOPE OF WORK

The service covered in this solicitation and resultant contract is for invasive plant control on National Forest in Washington State using Surveys and herbicide for invasive plant treatments.

Surveys with herbicide or herbicide only are listed as separate bid items and solicitations are welcome on either one or both items. The Contractor shall furnish all labor, supervision, equipment, transportation, herbicide, herbicide storage off National Forest and other materials and incidentals necessary to treat invasive plants. The Contractor shall ensure that employees can properly identify invasive plants during the treatment season and that all treatments be made in accordance with the terms and conditions herein.

mailto:Jorge.somoza@usda.gov

The majority of the herbicide treatments are planned for spot spraying, with a small amount of broadcast spraying if a dense infestation warrants it. In general, we are asking for spot spraying to reduce incidental application on native plants.

Specific tasks to be performed by the Contractor includes: a) development of written Quality Control and Work plan; b) application or treatment of the target species with an approved herbicide; c) mix and clean-up of herbicides; d) adherence to the Assessment Plan and Schedule, Quality Control Plan, Safety Plan and Spill Plan; e) Completion of Contractor Quality Inspection, and application documentation.

The Government my request Contractors to provide alternative/specific capabilities, such as:

Broadcast Spray, Truck Mounted Spray units, etc. The intent is to remain in compliance with the district Environmental Assessment (EA) Plan, which may require non broadcast applications, or slight variations of application as needed. In general treatments are considered spot spray and minimizing impact to non-target plants will be part of the objective.

The objective is to control and reduce the spread of invasive plant species in areas. This will include spraying of herbicides primarily from boom truck, ATV and backpack, and possible wicking, mowing and hand pulling. Application is an undertaking to reduce the dominance and spread of established invasive plants and to eradicate new invasive plants in the defined areas.

In addition, all measures shall comply with herbicide labels and the applicable laws and regulations of the State of Washington along with the each of the Ranger District for each Forest location. (for this one the Okanogan-Wenatchee Forest-wide Site-Specific Invasive Plant Management EIS 2017 and the Region 6 Invasive Plant Program – Preventing and managing Invasive Plants Environmental Impact Statement (EIS) and Record of Decision (ROD) signed October 11, 2005)

Services shall be provided in accordance with the specifications and standard commercial practices in a safe and effective manner. Contractor shall perform the required services at the designated sites in accordance with the requirements, provisions, and clauses herein.

PROJECT LOCATION AND DESCRIPTION

This contract is for 2022-2024 work on the Okanogan Wenatchee National Forest, Methow, and Naches Ranger Districts. The majority of the treatment projects are along roads or within previous timber sale stands, landings, dozerlines, and burned areas. See Appendix for general vicinity map of these locations and more specific locations of invasive populations will be provided during the award meetings in both hardcopy as well as digital geolocated locations imbedded if the contractor request. The acreages listed are estimated infested acres; actual invasive plant infestations in these projects may vary from scattered to dense.

Item 0001 AA: Methow Cub Creek Fire and Cedar Fire (2023-2024) Treatment- A portion of this project will be to treat invasive plants along the road corridors found within the Cub and Cedar Crk fires. The populations are being identified during the 2022 field season and treatment will be roadside during 2023. Populations are expected to be scattered and mapped locations will be provided for the field season of 2023. Two treatments both spring and fall will be expected.

In addition Subitem Item 0001 AB will be completed in the same foot as 0001 AA based on areas not surveyed during the field season of 2022. Item 0002AB contains acres will be backpack spray, after the locations have been mapped.

Item 0002 AA: Methow Bluebuck-This project will include remote camping as well as come road log out to reach the site. The primary target will be Orange Hawkweed that is scattered among the native vegetation and will require spot spraying. The contractor will be responsible for monitoring the phenology of the plant and best estimate on effective treatment dates.

Item 0003 AA: Naches Schneider Fire (2023-2024) Treatment- A portion of this project will be to treat invasive plants along the road corridors found within the Schneider Springs fire. The populations are being identified during the 2022 field season and treatment will be roadside during 2023. Populations are expected to be scattered and mapped locations will be provided for the field season of 2023. Two treatments both spring and fall will be expected Item 0004 AA contains acres will be backpack spray, after the locations have been mapped.

Option Item 1001 AA and 1001 AB: Roadside herbicide treatments on the Methow Ranger District and Naches Ranger District -undetermined until 2023- A portion of this project will be to treat invasive plants along the road corridors found within the Cub and Cedar Crk fires and Schneider fire. Maps will be provided of existing populations to treat during 2023.

2. SPECIES AND TREATMENT

Table 2. Okanogan Wenatchee National Forest: Methow and Naches Ranger Districts invasive species list and specific herbicide recommendations.

Scientific name Common Name Acroptilon repens Russian knapweed,hardheads Arctium lappa greater burdock Artemisia absinthium absinthium Artemisia dracunculus tarragon Bassia scoparia kochia, burningbush, Russian thistle Berteroa incana hoary alyssum Cardaria draba hoary cress, whitetop -MSM 60 Carduus acanthoides spiny plumeless thistle Carduus nutans musk thistle, nodding plumeless thistle Centaurea diffusa diffuse knapweed Centaurea jacea x nigra (Centaurea pratensis meadow knapweed Centaurea solstitialis yellow star-thistle Centaurea stoebe spotted knapweed Centaurea stoebe ssp. Micranthos spotted knapweed Cichorium intybus chicory Cirsium arvense Canada thistle Cirsium vulgare bull thistle

Crupina vulgaris common crupina

Cynoglossum officinale hound’s tongue, gypsyflower- Milestone/MSM

Cytisus scoparius Scotch broom Daucus carota wild carrot, Queen Anne’s lace Digitalis purpurea purple foxglove Gypsophila paniculata baby’s breath Hieracium aurantiacum orange hawkweed Hieracium caespitosum yellow hawkweed Hieracium floribundum Kingdevil Hyoscyamus niger black henbane Hypericum perforatum common St. Johnswort-Milestone/MSM 60 Hypochaeris radicata hairy cat’s ear Leucanthemum vulgare oxeye daisy Linaria dalmatica Dalmatian toadflax- Picloram or Chlorsulfuron Linaria dalmatica ssp. Dalmatica Dalmatian toadflax- Picloram or Chlorsulfuron Linaria vulgaris butter and eggs- Picloram or Chlorsulfuron Onopordum acanthium Scotch cottonthistle Phalaris arundinacea reed canarygrass-Imazapyr Polygonum cuspidatum Japanese knotweed Polygonum polystachyum Himilayan knotweed Potentilla recta sulphur cinquefoil Rubus armeniacus Himalayan blackberry Salsola tragus prickly Russian thistle Senecio jacobaea tansy ragwort Senecio sylvaticus woodland ragwort Tanacetum vulgare common tansy Tripleurospermum perforatum scentless false mayweed Ventenata dubia African wire grass -Imazypic

TREATMENT PERIOD

Spring is considered at the start of basal rosette formation April-July, Fall is considered September to before ground is frozen in early Nov.

3. LICENSING REQUIREMENTS

The Contractor shall have a current Washington state pesticide applicator’s license and will provide evidence of any current licenses and endorsements for key personnel.

4. CONTRACTOR OBLIGATIONS

The Contractor shall furnish, except for Government-furnished property, all labor, materials, herbicide, adjuvants, equipment, and any incidentals necessary for the treatment of invasive weeds.

The contractor shall exercise care in work methods to prevent unnecessary damage to surrounding vegetation to the maximum extent practicable.

All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may, in writing, require the Contractor to remove from work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable for theft, possession and/or removal of materials, supplies, equipment, or any Government-owned property, or for unsatisfactory performance.

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity, and shall be responsible for taking such disciplinary action with respect to their employees as may be necessary.

Successful herbicide treatment of targeted noxious weed populations requires application of appropriate herbicides at the proper growth stage of the targeted weed within weather conditions that will facilitate maximum effectiveness of the applied chemical.

Services shall be provided in accordance with the specifications and standard commercial practices in a safe and effective manner. Contractor shall perform the required services at the designated sites in accordance with the requirements, provisions, and clauses herein.

5. INSPECTION AND ACCEPTANCE

Services performed under this contract shall be subject to inspection and acceptance by the Government. The Contracting Officer’s Representative (COR) will function as the inspector for the term of this contract (or designate a qualified inspector).

Government inspection and acceptance shall consist of either on-site inspections by a Forest Service COR on application dates, or follow-up visual inspections by the COR or designated inspector of all, or a subset of, the treated sites. The purpose of these inspections will be to document either adequacy of the application or the presence of obvious mortality.

Regardless of inspections by the Government, the Contractor is responsible for self-inspection and maintaining work to the standards required in the specifications.

6. CONTRACTOR FURNISHED CRITICAL ITEMS, PERSONNEL, EQUIPMENT AND

SERVICES

A. The Contractor shall provide all supplies, materials, tools, transportation, equipment, labor, supervision and sufficient workforce to complete the contract in the specified time.

The Contractor shall also have at all times of contract performance, a properly designated representative that understands and speaks fluent English. Contractor shall also provide proof of an Oregon State Department of Agriculture Commercial License for Herbicide Spray Application.

B. The Contractor shall provide a Quality Control Plan (QCP) in their proposal as described in this section titled “Contract Documents, Quality Assurance Surveillance Plans.”

The Quality Control plan must demonstrate how the Contractor will assure quality meets the requirements and specifications of the contract. It shall describe: how quality will be monitored to assure the performance standards are met; the supervision of crew and work;

and personnel that will be performing the quality control. Quality control shall include monitoring quality while work is in progress, and other associated tasks and determining actual quality treated.

C. The Contractor shall always have an on-site supervisor with the crew when performing work. The supervisor shall have a current Washington State Commercial Pesticide Applicator’s license. The Contractor shall be experienced in noxious weed management and herbicide use. The Contractor shall have the ability to recognize all of the weed species on the State noxious weed list in all of their stages of development. The Contractor shall be able to identify target weeds species in all stages of development and to distinguish between those weed species and non-target species. The contractor shall monitor or coordinate with the District botanist the phenology of the plant and best estimate on effective treatment dates. The Contractor shall have the ability to read contour maps and use a compass to locate weed infestation and sprayed acres. The Contractor shall have the ability to keep records and submit the weed reports required by the State of Oregon and the Forest Service, biweekly as a minimum.

D. The Contractor shall be in compliance with all applicable OSHA, manufacturer’s directions, Oregon state and federal requirements for handling herbicide, including storage, transportation and application.

E. The type and amount of equipment, supplies (including spill kits), and personnel needed to accomplish the contract work is the responsibility of the Contractor.

F. All herbicide equipment shall be properly calibrated and inspected by the Contractor.

All nozzles shall be kept clean during operation. The Contractor shall have the ability to mix herbicide and calibrate equipment to the correct formulation. The Contractor shall demonstrate calibration and mixing techniques upon request of the Government.

G. The Contractor shall post “Material Safety Data Sheets” at storage facilities, in vehicles, and made available to workers. These sheets provide information relating to physical and chemical data, fire or reactivity data, specific health hazard information, spill or leak procedures, instructions for worker hygiene, and special precautions.

H. The Contractor shall transport the minimum quantities of herbicide to the field.

I. The Contractor shall secure containers to prevent tipping or excess jarring during transit.

J. The Contractor shall cover pesticide containers to protect them from direct sunlight while in transit to the worksite and place them in the shade upon arrival. Excessive heat can cause expansion of pesticides, resulting in container rupture or overflow when opened.

K. The Contractor shall not, under any circumstance, transport pesticide containers in the same cargo area with food, livestock feeds, or clothing.

L. The Contractor shall have the following with the pesticide when it is being transported: shipping papers; covering amounts of pesticide being transported; number and size of containers; product name; chemical name; and the EPA registration number.

M. The Contractor shall report to the Contracting Officer any details of all exposure incidents, accidents, and/ or worker health complaints, if any occurred. The Contractor shall have a spill kit available at all times when transporting pesticides.

SPECIFIC TECHNICAL TASKS

A. All weed control measures shall comply with all herbicide labels and instructions exactly, and the applicable Laws and Regulations of the State of Oregon as well as the 2017 Okanogan- Wenatchee National Forest Forest-wide Site-Specific Invasive Plant Management Record of Decision, EIS ROD. Wenatchee, WA. See the attached Project Design Criteria for detailed information regarding applications, water protection measures, health and safety (Attachment 4).

None of the planned treatment sites will need buffers for sensitive plant or wildlife species.

Aminopyrolid (milestone) and MSM 60 are should be the primary herbicides used but some other herbicides may be used when indicated. Buffer distances for aquatic systems are displayed in Table 1. Herbicide mixture will be colored with a bright, non-toxic vegetable dye (e.g. Hilight Blue spray indicator dye) before application. Applicators should be familiar with species listed on the current Washington State Noxious Weed Control Board list. The surfactant of choice siltac or silcoat or Liberate and or submit information if other surfactants are to be used.

Table 1. Herbicide use buffers from the Aquatic Restoration Biological Opinion for the Okanogan-Wenatchee National Forest.

B. Contractors shall document their application of pesticides using the 2022 National Forest Herbicide Treatment and Monitoring Form. The Treatment Records must be filled out daily and will be provided to the Government within 1 month of pesticide application. In order to receive payment, the Treatment Form must be provided to the Government.

C. The Contractor shall also use surfactants spread agent as per label requirements. See buffers for chemicals available to use, general uses, and site- or species-specific chemical applications.

D. To prevent the introduction and control the spread of seeds of noxious weeds onto and around National Forest land, the Contractor shall ensure all equipment moved onto National Forest land is free of soil, seeds, vegetative matter, or other debris that could contain or hold seeds. When the Contractor is working in an area that has been identified as a noxious weed infestation area, the Contractor shall ensure equipment is cleaned of weed seeds prior to moving to another work area on the Forest. The Contractor shall employ whatever cleaning methods necessary to ensure compliance with the terms of this provision.

SECTION C - CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

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

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

(NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

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(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

https://www.acquisition.gov/far/part-32#FAR_32_608_2

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C.

4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American;

and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

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(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

Addenda To 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in

DEVIATION 2017-1 (AUG 2017):

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C 4712 and 10 U.S.C 2409 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

FAR 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):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.211-18 Variation of Estimated Quantity (APR 1984) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (SEPT 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (FEB 2021)

Alternate I (JUL 1995) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) 52.232-11 Extras (APR 1984) 52.236-2 Differing Site Conditions (APR 1984) 52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52.236-6 Superintendence by the Contractor (APR 1984) 52.236-7 Permits and Responsibilities (NOV 1991) 52.236-8 Other Contracts (APR 1984) 52.236-12 Cleaning Up (APR 1984) 52.236-13 Accident Prevention (NOV 1991) Alternate I (NOV 1991) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-14 Suspension of Work (APR 1984) 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2022) 52.245-1 Government Property (SEPT 2021) 52.245-9 Use and Charges (APR 2012) 52.253-1 Computer Generated Forms (JAN 1991)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236-72 Use of Premises (NOV 1996) 452.236-73 Archaeological or Historic Sites (FEB 1988) 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) 452.236-77 Emergency Response (NOV 1996) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-75 Restrictions against Disclosure (FEB 1988)

FAR 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE

ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the life of the contract.

Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the life of the contract.

PERIOD OF PERFORMANCE

The period of performance of this contract is from contract award through October 31st 2024.

DEFINITIONS - ADMINISTRATION TERMS

A. Contracting Officer (CO) - The person executing this contract on behalf of the Government, including any duly appointed successor and authorized representatives of the Contracting Officer acting within the limits of his/her authority.

B. Contracting Officer's Representative (COR) - The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the COR are defined a letter (form) of designation issued by the Contracting Officer.

C. Inspector - The person(s) appointed in writing by the COR to conduct and document inspections according to contract specifications and provisions. The inspector's authorities are strictly limited, not to exceed the authority to issue to the contractor a Notice of Noncompliance.

D. Calendar Days - Every day shown on the calendar, Saturdays, Sundays and holidays included.

E. Change Order - An order issued to the Contractor by the Contracting Officer, pursuant to the “change” clause included in Section I of this contract, requiring work to be performed, within the general scope of the contract.

F. Work Order - An order written by the COR, which directs the Contractor to correct deficient performance. It may also be used to document acceptable completion of units and to approve starting on additional work units.

G. Notice of Noncompliance - A written notice from the CO or COR which documents, for the Contractor's attention, specific performance deficiencies.

H. Contract Item - A pay item designated on the bid schedule and described by a specification.

I. Labor Standards Provisions - Those statutory and regulatory requirements pertaining to the Contractor's employees and employment practices.

J. Specifications - That portion of the contract comprising a description of the general and technical requirements for materials, products or services to be furnished under the contract.

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative (COR).

The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer should be informed as soon as possible of any actions or inactions by the Contractor or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms the Contractor must communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

CONTRACTOR'S REPRESENTATIVE

The Government may, at its option, suspend work with full count of contract time continuing, if the Contractor fails to provide a Contractor's Representative (1) conversant in the English language and

(2) able to read and understand the contract.

NOTIFICATION OF SUBCONTRACTING

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The notification shall include as a minimum:

1. The name, address, telephone number and DUNS number of the subcontractor.

2. The date upon which the subcontract was entered into and its duration.

3. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

PROSECUTION OF WORK

(a) Work shall be scheduled to provide completion of segments on a daily basis unless otherwise herein provided.

(b) A Work Schedule shall be prepared by the Contractor based on priorities provided in the contract unless superseded by the Contracting Officer in advance of work.

(c) The Contracting Officer may require the Contractor to finish the portion in progress before additional work is started on any additional portion.

(d) The Contractor shall use measures and precautions necessary to warn and protect the public and Government personnel and equipment during work at the project site. Such actions include, but are not limited to, furnishing and maintaining barricades and signs around the work site.

(e) The Contracting Officer may, in writing, require the Contractor to remove from the work any employee found to be working in an unsafe manner.

CONTRACTOR QUALITY CONTROL PLAN

A. Quality Control Plan

The Contractor shall provide a Quality Control Plan (QCP) as part of this Technical Proposal. The Plan must demonstrate how the Contractor shall assure that quality of performance meets the objectives and requirements of the contract. The QCP shall specify:

- How quality will be monitored to ensure performance standards are met.

- How the work will be supervised.

- How results of the monitoring will result in quality performance.

- Identify the personnel responsible for performing quality control.

B. Contractor Quality Control Inspection

The Contractor shall assure themselves that performance meets contract specifications, in accordance with FAR 52.212-4, Contract Terms and Conditions -- Commercial Items, paragraph (a), prior to requesting the Government to inspect for payment or acceptance. The Contractor shall contact the Contracting Officer upon completion of a work area.