Solicitation 1240BK21Q0081.pdf

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ROSEBURG OR 97470

2900 NW STEWART PKWY

UMPQUA NATIONAL FOREST

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05/17/2021 1500 PT

04/23/2021

541-957-3344LOIS FORD

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240BK21Q0081

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

1 2 1031424OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

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ROSEBURG OR 97470

2900 NW STEWART PKWY

UMPQUA NATIONAL FOREST

USDA FOREST SUPERVISOR

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ROSEBURG OR 97470

2900 NW STEWART PKWY

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UMPQUA NATIONAL FOREST

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UNIT

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20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 06/21/2021

0001 Archie BAER noxious weed survey and treatment

0002 Thielsen BAER weed survey and treatment

0003 KV Roadside weed survey and treatment

Continued ...

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2 2 of

Solicitation Number: 1240BKQ210081

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, FAR Subpart 13 and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

offers are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-04.

(iv) This procurement is set aside for Small Business. The NAICS code is 115310 and the Small Business Size Standard is $7.5.

(v) Schedule of Items/Price Schedule

Item No.

Description Quantity Order

Unit

Unit Price

Amount

1 EDRR in Archie Creek Fire, North Umpqua Ranger District 1a Road invasive survey and mapping 210 miles 1b Trail invasive survey and mapping 30 miles 1c Truck/ATV Spraying Level 1 -less than 20% weed density 400 acres Level 2-20% to 40% weed density 200 acres Level 3-greater than 40% weed density 168 acres

1d Manual treatment 5 acres

2 EDRR in Thielsen Fire, Diamond Lake Ranger

District

2a Road invasive survey and mapping 10 miles

2b Trail invasive survey and mapping 5 miles

2c Truck/ATV Spraying Level 2-20% to 40% weed density 70 acres 2d Manual treatment

Remarks: The Period of Performance for this Task Order is from June 20, 2021- September 30, 2021.

Total Price:

(vi) Description of Requirement (including a list of any attachments)

Statement of Work

This contract requires survey and mapping of invasive non-native species along roads and trails that burned during the 2020 fire events within the North Umpqua and Diamond Lake Ranger Districts.

Treatment along accessible roads and trails is requested. Weed populations will be surveyed and documented using GIS. Weed infestations will be treated using appropriate methods (manual or chemical).

Project Location

Survey and treatment will take place on the North Umpqua and Diamond Lake Districts of the Umpqua National Forest.

(1) Archie Creek Fire surveys and control along Forest Service roads and trails (Attachment 1).

(2) Thielsen Fire surveys and control along Forest Service roads and trails (Attachment 2)

SPECIFIC WORK REQUIREMENT

A. Weed Survey Contractor will survey for all noxious weed species on the Umpqua NF Noxious Weed List (Attachment

3) in designated areas. If newly invading species are encountered that are not found on the Umpqua list please document those as well. Surveys will consist of walking or driving road shoulders and polygons and mapping target populations. All weeds visible from the edge of the road or trail will be documented.

A Weed Sighting Form (Attachment 4) will be filled out for each item (road or trail). An accompanying map will be provided for each item. Each discrete population of target weeds for treatment will be documented on the form (if there is 300 ft. between populations, start a new population). Correlate form with map by giving each site a unique number. Use GPS (in NAD 83) or ArcCollector to collect polygonal spatial extent of populations. Those data are to be submitted as ArcGIS shapefile polygons.

B. Weed Treatment Once the contractor has surveyed and mapped weed populations, several species will need to be treated.

Treatment may take the form of manual hand-pulling or chemical control (using a backpack or truck-mounted sprayer). The recommended treatment for each target species is found in Table 1 along with the herbicide(s) approved for treating each species and the suggested timing for maximum effectiveness of treatment.

The Contractor or crew lead will be required to hold a current spray license in the state of Oregon for forestry or right of way and will be required to provide a copy to the Contracting Office upon contract award. Other crew members may have apprentice licenses. All herbicide applicators will be required to wear appropriate PPE when spraying herbicides. All herbicides will need to be mixed away from water.

All label restrictions and application rates will be followed. All vehicles carrying herbicides will be required to carry an herbicide spill kit and eye wash/hand wash stations should be available in case of accidental spills. A list of approved adjuvants is available as Attachment 4.

An herbicide reporting use form will need to be filled out for each treatment made (Attachment 7). Form entries may be aggregated for sites along a road system if multiple locations of the same weed are treated with the same chemical on the same day.

A final report will be submitted no later than September 30, 2021. This will include:A synopsis of weed populations found in the fire area,

2. Electronic shapefiles (for ARCGIS 10.3.1) of weeds along surveyed road or trail segments.

3. Sighting forms for each road

4. Treatment forms

Table 1. Weed species to be treated, treatment method and timing

Weed Species Commmon Name Treatment Method

Approved Herbicide Treatment Timing

Brachypodium sylvaticum

False brome Herbicide Glyphosate Summer, before seed formation

Cardus pycnocephalus

Italian plumeless thistle Manual Before flowering

Centaurea species Meadow, tyrol, diffuse or other knapweed species

Herbicide Picloram Summer, before bolt

Cytisus scoparius Scotch broom Manual Fall Hedera helix English ivy Manual Best when soil is moist Hypericum perforatum

St. John’s wort Herbicide Picloram Before flowering

Lathyrus latifolius Perennial peavine Herbicide Picloram Rubus species Armenian or evergreen blackberry Herbicide Glyphosate Fall

Senecio jacobaea Tansy ragwort Manual NA Spring/Summer when soil still moist

COMMENCEMENT PROSECUTION, AND COMPLETION OF WORK (FAR 52.211-10) (APR

1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for inspection no later than September 30, 2021. Work is estimated to begin June 6 2021.

GOVERNMENT FURNISHED PROPERTY:

Description Remarks

Shapefiles of project areas Can provide at request

FAR 52.237-1 SITE VISIT (APR 1984)

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

CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer designates the Contracting Officer's Representative(s) (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, the Contracting Officer should be notified immediately, preferably in writing if time permits.

LIST OF ATTACHMENTS

The following attachments are made a part of this solicitation and any resultant contract.

Title Attachment 1: Archie Creek fire weed mapping and treatment areas map Attachment 2: Thielsen fire weed mapping and treatment areas map Attachment 3: Umpqua National Forest Noxious Weed List Attachment 4. Invasive Plant Sighting Form Attachment 5: Approved adjuvants for herbicides in Region 6 Attachment 6: Herbicide Spray guidelines Attachment 7: Herbicide Use Reporting Form

Attachment 1. Archie Creek fire weed mapping and treatment areas.

Attachment 2. Thielsen Fire weed mapping and treatment areas.

Attachment 3. Umpqua National Forest Invasive Species List

Species known to occur on the Forest (bold indicates species documented in Archie Creek Fire)

CODE SPECIES COMMON NAME

BRSY Brachypodium sylvaticum slender false brome CAPY2 Carduus pycnocephalus Italian plumeless thistle CEMO6 Centaurea ×moncktonii meadow knapweed CEDE5 Centaurea debeauxii meadow knapweed CEDI3 Centaurea diffusa diffuse knapweed CEJA Centaurea jacea brownray knapweed CEME2 Centaurea melitensis Maltese star-thistle CENI2 Centaurea nigra lesser knapweed CENI3 Centaurea nigrescens Tyrol knapweed CESO3 Centaurea solstitialis yellow star-thistle CESTM Centaurea stoebe L. ssp. micranthos spotted knapweed CHJU Chondrilla juncea rush skeloton weed CIIN Cichorium intybus chicory CIAR4 Cirsium arvense Canada thistle CIVU Cirsium vulgare bull thistle COTON Cotoneaster spp. cotoneaster COAR4 Convolvulus arvensis field bindweed CYOF Cynoglossum officinale houndstongue CYSC4 Cytisus scoparius Scotch broom Cytisius monspessulana French broom CYST7 Cytisus striatus Portuguese broom DACA6 Daucus carota Queen Anne's lace DIAR Dianthus armeria depford pink DIPU Digitalis purpurea purple foxglove DIFU2 Dipsacus fullonum Fuller's teasel DILA4 Dipsacus laciniatus cutleaf teasel GEMO2 Genista monspessulana French broom GELU Geranium lucidum shining geranium GERO Geranium robertianum stinky bob HEHE Hedera helix English ivy HYPE Hypericum perforatum common St. Johnswort ILAQ80 Ilex aquifolium English holly LAGA2 Lamiastrum galeobdolon yellow archangel LALA4 Lathyrus latifolius perennial pea LEVU Leucanthemum vulgare oxeye daisy LIDA Linaria dalmatica Dalmatian toadflax LIVU2 Linaria vulgaris butter and eggs LYCO Lychnis coronaria rose campion LUAN Lunaria annua money plant MEPU Mentha pulegium pennyroyal MYSP2 Myriophyllum spicatum Eurasian watermilfoil NYPE Nymphoides peltata yellow floatingheart PHAR3 Phalaris arundinacea reed canarygrass POCU6 Polygonum cuspidatum Japanese knotweed POSA4 Polygonum sachalinense giant knotweed

PORE5 Potentilla recta sulphur cinquefoil ROPS Robinia pseudoacacia black locust ROCA3 Rosa canina dog rose RUAR9 Rubus armeniacus Himalayan blackberry RULA Rubus laciniatus cutleaf blackberry SAOF4 Saponaria officinalis bouncing bet SATR12 Salsola tragus prickly Russian thistle SEJA Senecio jacobaea tansy ragwort SODU Solanum dulcamara climbing nightshade TACA8 Taeniatherum caput-medusae medusahead ULEU Ulex europaeus common gorse VEBL Verbascum blattaria moth mullein VETH Verbascum thapsus mullein VIMA Vinca major bigleaf periwinkle VIMI2 Vinca minor common periwinkle

Potential invaders known from adjacent Forests

CODE SPECIES COMMON NAME

AIAL Ailanthus altissima tree of heaven ALPE4 Alliaria petiolata garlic mustard ARMI2 Arctium minus lesser burdock BUDA2 Buddleja davidii butterfly bush CADR Cardaria draba whitetop CALA20 Carthamus lanatus wooly distaff thistle CEVI Centaurea. virgata squarrose knapweed CORTA Cortaderia pampas grass CYES Cyperus esculentus yellow nutsedge DALA11 Daphne laureola spurgelaurel EUES Euphorbia esula leafy spurge FOVU Foeniculum vulgare fennel GLHE2 Glechoma hederacea grround ivy HEMA3 Hesperis matronalis dames rocket HIAU Hieracium aurantiacum orange hawkweed HICA10 Hieracium caespitosum meadow hawkweed HOMOM Holcus mollis creeping velvet grass IMGL Impatiens glandulifera jewelweed IRPS Iris pseudacorus yellow flag iris ISTI Isatis tinctoria Dyer's woad LYSA2 Lythrum salicaria purple loosestrife MEOF Melilotus alba sweetclover MYAQ2 Myriophyllum aquaticum parrot feather watermilfoil MYOD Myrrhis odorata anise OEBI Oenothera biennis evening primrose POPO5 Polygonum polystachyum cultivated knotweed

RARE3 Ranunculus repens creeping buttercup SEVA4 Securigera varia crownvetch SIVU Silene vulgaris maidenstears SIMA3 Silybum marianum milk thistle TAPA6 Tanacetum parthenium feverfew TRTE Tribulus terrestris puncturevine

Attachment 4. Invasive Plant Sighting Form

Date Observer Circle one: point poly line

Start Lat: Start Long: Circle one (m):

radius from center or pop. width

End Lat: End Long:

Site Description

Species symbol cover phenology if treated, how? Other Note

A

Preflower Flowering Fruiting

Senescent

B

Preflower Flowering

C

Flowering

D

Flowering

Comments (associated species, non-point infestation description, etc.)

Attachment 5: Approved adjuvants for herbicides in Region 61

Adjuvant Name Registrant (Manufacturer) Adjuvant Name Registrant (Manufacturer)

Agri-Dex Helena Chemical Company Pro-AMS Independent Agribusiness Professionals

AgriSolutions Inergy

Winfield Solutions Rainier-EA Wilbur-Ellis

Atmos Winfield Solutions Renegade-EA Wilbur-Ellis Avor Precision Laboratories Inc. Sphere 7 D&M Chem Bond Loveland Products Spray Rite JR Simplot Brandt Magnify Brandt Consolidated Spreader-90 Loveland Industries Breeze Winfield Solutions Superb HC Winfield Solutions Bronc Max, Bronc Plus Dry, Brinc Plus Dry-

EDT

Wilbur Ellis SylTac-EA Wilbur Ellis

Chempro 810 Chemorse Ltd. Tactic Loveland Cide-Kick 2M Brewer International Trail BLazer Aspect Ag LLC Class Act NG Winfield Solutions Tronic Kalo Competitor Wilbur-Ellis Turbulence Winfield Solutions Cut-Rate Wilbur-Ellis Winfield Solutions Inergy Winfield Solutions Cygnet Plus Brewer International Yardage Exacto Denali EA Wilbur-Ellis Destiny HC Winfield Solutions Droplex Winfield Solutions Dyne-Amic Helena Chemical Company Fast Break Winfield Solutions Forge West Central Fraction Kalo Hasten EA Wilbur-Ellis Interlock Winfield Solutions Kinetic Helena Level 7 Winfield Solutions LI-700 Loveland Liberate Loveland MSO Concentrate, MSO Concentrate with Leci-Tech

Loveland

One AP-XL Kalo

1 This table is modified from the Washington State Department of Agriculture Spray Adjuvants Registered for Use on Aquatic Sites in Washington (Revised August 29, 2018)

Attachment 6. Herbicide Application Rules

• Herbicides will be used according to label instructions.

• Applicators will use Personal Protective Equipment when applying herbicides. This includes long-sleeved shirts, long pants, gloves, shoes plus socks, eye protection for application and chemical-resistant apron for cleaning, mixing and loading herbicides.

• Spray equipment will be calibrated prior to seasonal start-up and periodically throughout the season to assure accuracy in applications. Spray tanks will not be washed or rinsed within 150 feet of any live water. All herbicide containers and rinse water will be disposed of where they will not cause contamination of waters.

• No more than daily use quantities of herbicides shall be transported to the project site.

• Equipment used for transportation, storage, or application of herbicides shall be maintained in a leak-proof condition.

• Favor transportation routes with less traffic, less adjacent water bodies, and fewer blind curves. Use a guide vehicle when more than one vehicle is traveling to the site, or when large quantities or other circumstances dictate.

• Applicators will develop an Emergency Spill Response Plan developed with and approved by the USDA Forest Service, on-site during treatments. The plan would identify reporting procedures, methods to clean up accidental spills, including reporting spills to the appropriate regulatory agency.

• Apply herbicides only during the months of April-October. Herbicides shall not be applied when rain is forecast within the next 24 hours. Local weather conditions will be considered, and herbicides will not be applied when rainfall is probable. No (herbicide) application when rain is forecast within the next 24 hours and wind speed exceeds 5 miles per hour. No applications during inversion event (wind speed below 2 mph) .

• A documented pre-operations briefing will be required annually prior to treatment between a USDA Forest Service weed coordinator and the lead contractor or employee to brief spray personnel on the location of sensitive resources (streams, lakes, wetlands, sensitive plants) and to review operational details. The briefing will include safety issues, location, timing, application method, herbicides approved for use, project design criteria, and other pertinent topics.

• Mechanized spraying equipment should remain on roadways, trails, parking areas or other disturbed areas to prevent damage to vegetation and soil, and potential degradation of water quality and aquatic habitat.

• To minimize herbicide application drift, use low nozzle pressure and spray tips that produce a coarse spray and large droplets (median spray droplet diameter of at least

0.3 mm).

• Riparian Buffers. No herbicides are to be sprayed within 50feet of water.

• For small quantities (5 gallons or less) fueling of gas-powered machinery would not occur within 25-feet of any live waters to maintain water quality. All other fueling must occur a minimum of 150-feet from any live waters. All specific details regarding this item would be contained in a spill plan that would be approved by the USDA Forest Service prior to herbicide application.

• Signs notifying the public of herbicide treatments would be placed at access points to treatment areas prior to initiating treatment. Signs would list herbicides to be used, application dates, and name and phone number of a local contact. This can be coordinated with the COR1 or local botanist.

• Avoidance areas of Special Status Plants and wildlife will be provided as needed. 100 ft. buffer avoidance of seeps and springs.

• Ground-based mechanized equipment would not be allowed within 25-feet of streams, ponds, or wetlands, except where existing trails/roads cross streams and the trail/roadside is the treatment area.

Initial Treatment Record (to be completed by Applicator)

*Site Number (corresponds to treatment map): __________________*Treatment Date:____/____/_______

MM/DD/YYYY

*Target Species Treated: __________________________________ Office Use Other target species identified _______________________________ Date entered:____/_____/___ By:_____

FY:______

*Net Infested Acres__________________ Infestation:

*Acres Treated:_____________________ Stage of Plant:______________

*Distance to water: If < 100ft.:______________feet or if > 100 ft. check here:_______

PLEASE DON'T SPRAY WITHIN 3 FEET OF WATER!!

24 hour weather Forecast:_________________________________________ Wind Speed:_______

Road or site:_____________________________________________________________________

Lat._______________________ Long.____________________ or GPS coordinates: X__________________ Y__________________ Projection:__________________ For more extensive descriptions, maps, lat/long, etc. attach on separate sheet.

*Equipment: Hand spray (711)_____, Back pack (712)_____, Injector (716)_____, Mobile ground sprayer (721)_____ (Hand srpay is small hand held bottle. Mobile ground sprayer is anything using a motorized unit eg. boom or hose and handgun.)

*Trade Name of Herbicide Applied:_________________________ *Product rate:__________(ounces/acre)

*Trade Name of Herbicide Applied:_________________________ *Product rate:__________(ounces/acre)

Tank Mix:

*Volume Applied:_____________________ *Check unit of measure: Gal.___ Liters____ Lbs.____

*Calibrated Volume:___________________ *Check Rate : Gal/acre____ Liter/Hect____ Lb/ac.____

*Dilutant if other than water______________________

*Adjuvant Product Name:______________________________

*Rate applied :_______ounces /acre

*Second Adjuvant Product Name:______________________________

*Rate applied :_______ounces /acre

*Applicator/s:__________________________/_________________________

HERBICIDE TREATMENT RECORD

(viii) 52.212-1 Instructions to Offerors – Commercial Items (JUN 2020) (Provision) Addenda to provision 52.212-1:

Addenda to paragraph 52.212-1(b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include a technical proposal, and a price proposal.

a) Technical Proposal – The technical proposal shall address the evaluation factors in 52.212-2. At a minimum technical proposal shall include:

a. i) Please provide your experience with treating noxious weeds. Include contract experience for the past 5 years including references and contact information for the contracting person/organization.

b. ii) Technical Capability – Please provide a paragraph explaining your experience with identifying noxious weeds. Include names and dates of classes/workshops or contract experience in the past 5 years

b) Price Proposal – Include the following: 1) the completed price schedule contained in section v of this solicitation, 2) Acknowledge any amendments issued on beta.sam.gov for this solicitation by completing and signing the posted SF-30,

c) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.209-7, 52.212-3, and Employment of Eligible Workers-Workforce Certification found in this solicitation. Copy and paste the completed provisions onto your company letterhead and include your DUNS number.

3) Submit offer by email to lois.ford@usda.gov so that it is delivered into this inbox by the due date and time.

4) Address questions about this solicitation to Lois Ford at lois.ford@usda.gov.

(ix) 52.212-2 Evaluation – Commercial Items (OCT 2014) (Provision)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

https://www.sam.gov/SAM/

Price

Past Experience

Knowledge of identifying Noxious Weeds

Technical and past performance, when combined, are equal

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(x) 52.212-3 Offeror Representations and Certifications – Commercial Items (JAN 2021) (DEVIATION JUL 2020) (Provision)

If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:

(b)(1)Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2)The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(xi) 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)

Addenda to 52.212-4:

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

DEVIATION 2017-1 (AUG 2017):

(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; 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.

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JAN 2021) (DEVIATION JUL 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77 and 108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C.

3509)).

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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

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

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

[Contracting Officer check as appropriate.] _ By the end of the base term of the contract and then by the end of each subsequent option period; or _ By the end of the performance period for each order issued under the contract.

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C.

644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C.

637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13 __ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

[Contracting Officer check as appropriate.]

_ By the end of the base term of the contract and then by the end of each subsequent option period; or _ By the end of the performance period for each order issued under the contract.

_X_ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

[Contracting Officer check as appropriate.] _ By the end of the base term of the contract and then by the end of each subsequent option period; or _ By the end of the performance period for each order issued under the contract.

X__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

[Contracting Officer check as appropriate.] _ By the end of the base term of the contract and then by the end of each subsequent option period; or _ By the end of the performance period for each order issued under the contract.

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

[Contracting Officer check as appropriate.] _ By the end of the base term of the contract and then by the end of each subsequent option period; or _ By the end of the performance period for each order issued under the contract.

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020)

(DEVIATION JUL 2020) (E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

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

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (48) 52.225-1, Buy American-Supplies (Jan 2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021) (DEVIATION JUL 2020) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112- 42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) (ii) Alternate II (May 2014) (DEVIATION JUL 2020) of 52.225-3.

__ (iv) (iii) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C.

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

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] _X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (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).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

Employee Class Monetary Wage-Fringe Benefits

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and 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 items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(xiii) Additional Requirements/Terms and Conditions

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

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) (Provision)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision 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 provisions may be viewed at:

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

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:

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