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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMSOFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

870913PAGE 1 OF 73

2. CONTRACT NO. 3.AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER

RFQ AG-67T0-S-17-00786. SOLICITATION ISSUE DATE

August 7, 20177. FOR SOLICITATION INFORMATION CALL:

a. NAME

Brenda OsterContracting Officer

b. TELEPHONE NUMBER (No collect calls)

605/673-9322

8. OFFER DUE DATE/ LOCAL TIME

August 30, 20179. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE 100 % FOR

USDA Forest ServiceRocky Mountain Acquisition Service Team1019 N. 5th StreetCuster, SD 57730

SMALL BUSINESS WOMAN –OWNED SMALL BUSINESS (WOSB) HUBZONE SMALL BUSINESS ELIGIBLE UNDER THE WOMEN OWNED SMALL

BUSINESS PROGRAM SERVICE DISABLE VETERAN- EDWOSB- VETERAN-OWNED SMALL BUSINESS 8(a)

NAICS Code 561730 Size Standard $7.5 million

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS 13A. THIS CONTRACT IS RATED ORDER UNDER DPAS (15 CFR 700

13B. RATING

14. METHOD OF SOLICATION RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

Ft. Pierre National Grassland 1020 North Deadwood Street Ft. Pierre, SD 57532

See Block 9

17a. CONTRACTOR/ OFFERER

TELEPHONE NO. DUNS #____________________FAX NO. E-Mail Address: ________________________

18a. PAYMENT WILL BE MADE BY

USDA, OCFO, COD, APBPO Box 60075New Orleans, LA 70160

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

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS BLOCK BELOW IS CHECKED SEE ADDENDUM

19.ITEM NO

20.SCHEDULE OF SUPPLIES/SERVICES

21.QUANTITY

22.UNIT

23.UNIT PRICE

24.AMOUNT

2017/2018 Noxious Weed TreatmentFt. Pierre National GrasslandNebraska National Forest

Contractor must be registered in the System for Award Management ( www.sam.gov ) to be eligible for award of this project.

Insert your prices on page 3.

25. ACCOUNTING AND APPROPRIATION DATA JOB CODE

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5. ARE ARE NOT ATTACHED. 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE

COPY TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN

29. AWARD OF CONTRACT: REFERENCE RFQ AG-05G1-S-12-00XX OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN , IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTIONPREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (Rev. 2/2012)Prescribed by GSA-FAR (48CFR 53.212

http://www.sam.gov/

AG-67T0-S-17-00782017/2018 Noxious Weed Treatment – Ft. Pierre National Grassland

Nebraska National ForestPage 2 of 73

19.ITEM NO.

20.SCHEDULE OF SUPPLIES/SERVICES

21.QUANTITY

22.UNIT

23. UNIT PRICE

24.AMOUNT

Quotations submitted are considered to be confidential. The name of the Contractor and the amount of the contract will be disclosed only after an award is made.

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENTREPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENTREPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIEDCORRECTFOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

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

42a. RECEIVED BY (Print)

41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41 c. DATE42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.2/2012) BACKContinuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

Non Discrimination StatementThe U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program (FB4P).

For more information on biobased program: http://www.biopreferred.govTo locate biobased products: http://www.biopreferred.gov

PART I—THE SCHEDULE



SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

FORT PIERRE NATIONAL GRASSLANDNOXIOUS WEED TREATMENT 2017/2018

Line Item Description # of

AcresUnit

Price per Acre

Total Not to Exceed Price per Line Item

0001Thistles (Canada, bull, & musk) _____ $______ $______ $15,000.00

Option Item0002

Thistles (Canada, bull, & musk) _____ $______ $______

$15,000.00*

GRAND TOTAL NOT TO EXCEED $30,000 TOTAL

*NOTE: At this time, no funding is available for Option Item 0002. The Contracting Officer may exercise this option and fund it by written notice to the Contractor within 60 calendar days of award.

SECTION C - Description/Specifications/Statement of Work

NEBRASKA NATIONAL FORESTS & GRASSLANDSFORT PIERRE NATIONAL GRASSLAND

FY 2017/2018 NOXIOUS WEED TREATMENT SERVICES

SCOPE OF CONTRACT The services covered in this solicitation and resultant contract are for the application of herbicide to noxious weeds and the inventory of those treated areas on National Forest System lands. The areas to be treated are located on the Fort Pierre National Grassland (FPNG) located in central South Dakota.

Those noxious weeds specific to this contract are thistles (Canada, bull and musk). These species are located predominately on upland rangeland; however, there are some infestations around riparian areas. The identified species will be treated during the plants’ developmental stage when optimum effectiveness can be obtained, preferably the rosette to flowering stage. Treatments could start as early as September 2017 given the fall is not dry otherwise treatment will commence in the spring/summer of 2018, determination of when to spray will be based on agency monitoring of growing conditions. All treatments will be mapped with a global positioning system unit (GPS unit) and the raw GPS data will be converted to a geographic information system (GIS) compatible shapefile, corresponding herbicide application records will be filled out by the applicator for the spatial data. All spatial data and application records will be submitted in satisfactory form prior to payment at the treatments’ conclusion.

All bids for this contract will be done based on the number of acres obtainable for the specified dollar amount. Contractors will be rated based on past experience and the ability to meet GPS/GIS requirements.

LOCATION AND DESCRIPTION



The contract’s work would take place on the Fort Pierre National Grassland located south of Fort Pierre, South Dakota. The contract is to cover select pastures in the northeast corner of the grassland south of SD Highway 1806. The treatment priority is labeled in order by number: 1) Timber Creek (Cactus Flat); 2) Williams (South); 3) Williams (North) and 4) Butte (South). Please see the attached map for further clarification.

TECHNICAL SPECIFICATIONSPERFORMANCE STATEMENT OF WORK (PWS)

NOXIOUS WEED TREATMENT AND INVENTORY SERVICES

SECTION I – GENERAL1.1 SCOPE OF WORK. The contractor shall be required to:

Furnish all labor, transportation, equipment, herbicide, personal protective equipment, water, services, supervision, permits, and licenses necessary to treat noxious weeds in South Dakota.

Applications by equipment will require 10 gallons of water/herbicide mix per acre. o Required herbicide and rate:

Milestone at 7 oz. /acre Carrier agent applied at 3 oz. /acre.

o Apply herbicide at rosette to flowering stage of plant development to be most effective. o Applications will be done with spot spraying methodology, unless infestations are solid

enough to warrant broadcast methods. If such a situation is found, then approval by the COR will be done prior to broadcast treatments.

The government has approximately $15,000 to spend for this contract with another $15,000 possibly available with the option line item. The contractor is asked to quote the number of acres they will be able to treat based on this dollar amount.

The contractor will treat the noxious weed infestation with the corresponding herbicide, then will map the infestation’s perimeter with GPS to create a polygon, and finally complete an application record linking the treatment data to that polygon. Once all acres have been met, the contractor will submit all data in an acceptable format prior to any payment being made. The raw GPS data must then be converted to a GIS shapefile by the contractor prior to submittal. The contractor shall submit the raw GPS data and the GIS shapefiles via CD or flash drive along with the application records that correspond with the mapped treatment areas.

Contractor will comply with all pesticide use requirements set forth under South Dakota State Law (SDCL) Title 38 Chapter 21 and Administrative Rule (ARSD) 12:56.

This statement of work consists of completing the tasks/subtasks in Section V to the performance requirements of Section VII. Services shall be in compliance with the terms, conditions, and specifications herein.

1.1.1 LOCATION DESCRIPTION. The treatment area covers priority sections of the Fort Pierre National Grassland. (See attached map) This map shows fence boundaries and road access to the project area along with the highlighted pastures and the priority level for treatment.

1.1.2 PERIOD OF PERFORMANCE. Services covered in this solicitation and resultant contract are to be performed during the 2017 and/or 2018 fiscal years (September 2017 through September 1, 2018). Work shall occur when the target plants are actively growing and weather conditions allow them to be susceptible to herbicide effects as per label directions. Work may begin in September 2017 and the Contractor shall complete all fieldwork no later than August 25, 2018; consideration will be given to varying seasonal conditions and determination of when to spray will be based on agency monitoring of growth conditions. Reporting documents along GPS/GIS data are due no later than



December 31, 2017 for fall treatments and no later than September 1, 2018 for spring/summer treatments. All reports and data must be received in satisfactory format prior to payment.

1.1.3 ACCESSIBILITY. Specific site maps identifying units and road access shall be provided to the contractor.

1.1.4 BOUNDARIES. Maps will be provided to the contractor detailing the treatment area and identifying any interior private lands.

1.1.5 NOXIOUS AND INVASIVE WEEDS. The contractor shall be experienced in noxious and invasive weed management and herbicide use. The contractor shall be able to identify target weed species in all stages of development and to distinguish between target and non-target species.

1.1.6 CONTRACTOR REPRESENTATIVE. The contractor shall provide a contract representative for the performance of the work. The name of this person and an alternate(s) who shall act for the contractor when the contractor is absent shall be designated in writing to the contracting officer. The contractor representative or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contractor representative and alternate(s) must be able to read, write, speak, and understand English.

SECTION II – DEFINITIONS2.1 STANDARD DEFINITIONS

2.1.1 ACCEPTABLE QUALITY LEVEL (AQL). The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

2.1.2 DEFECTIVE SERVICE. A unit of service which contains one or more defects, or nonconformance with specified requirements.

2.1.3 PERFORMANCE REQUIREMENTS SUMMARY (PRS). Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

2.1.4 QUALITY ASSURANCE. Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

2.1.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR). A government person appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

2.1.6 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the contractor.

2.1.7 QUALITY CONTROL. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.



2.1.8 APPLICATION RECORDS. Records the contractor uses to document herbicide applications on the treated area. Information includes, but is not limited to: herbicide used, amount of active ingredient applied, weather conditions, etc.

2.1.9 RANDOM SAMPLING. A sampling method in which each service output in a unit has an equal chance of being selected.

2.2 TECHNICAL DEFINITIONS2.2.1 ACCESS TO TREATMENT AREAS: Access to treatment areas requires travel and

treatment operations on or near: paved roads, graveled county roads, and non-graveled two track Forest Service roads. The treatment areas may be along or away from roads and within areas with no developed road access. Access is allowed off designated roads by authorization only issued by the Fort Pierre District Ranger. Your access must be timed such that road or trail surfaces are not subjected to unreasonable resource damage.

2.2.2 AQUATIC AREA: Any type of lake, pond, dam, spring, or stream course that contains an invasive plant species.

2.2.3 BOOM SPRAYER: Spray equipment capable of delivering a minimum of 10 gallons per acre. Boom sprayers shall be equipped with an identifier system to minimize swath overlap such as a ribbon or flagging system. ATV/UTV boom-less nozzles are not considered as boom sprayers.

2.2.4 CLEANUP AND DISPOSAL: Clean up and disposal of excess herbicide and empty containers is the contractor’s responsibility and will be in accordance with the manufacturer’s instructions and applicable to Federal and State Laws.

2.2.5 GIS & GPS SPECIFICATIONS: Field Survey Operations and Procedures : The final product submitted is inventory and treatment data in the form of raw GPS data, a GIS shapefile, and corresponding application records submitted to the contracting officer’s representative (COR). Submittals can be made after contract completion but no later than December 31, 2017 for fall treatments and September 1, 2018 for spring/summer treatments. During the contract the contractor may submit spatial data to the COR to ensure that the information is being recorded correctly.

GIS Layer:1. All weed treatment sites will be combined into one GIS shapefile. Feature class

will be referenced to the North American Datum, 1983 (NAD83) in the Universal Transverse Mercator (UTM), zone 13 North. Coordinates will be reported in meters. (Note: If using Trimble Pathfinder Office software, use the NAD83 (Conus) CORS96 Datum.

2. Shapefile will be referenced using the following export coordinate system, units, and velocity:

System UTMZone 13 NorthDatum NAD83 (Conus) CORS96Units FeetAltitude HAEDistance Feet



Area Square Feet or AcreVelocity Feet per second

3. If possible, the shapefile will be exported with the additional attributes: PDOP Receiver Type Correction Status Data File Name

Final GPS products submission The following digital data is to be provided on CD or flash drive: raw GPS files and

the final GIS shapefile. All reports must be submitted no later than December 31, 2017 for fall treatments and September 1, 2018 for spring/summer treatments; early submittals are accepted . If deficiencies are found, all data will be returned for corrections. Payment will not be made until all reports/data received are found to be satisfactory.

2.2.6 MIXING SITE: All mixing and rinsing during the operational period will take place in the field within the treatment areas at a distance greater than 100’ from any stream course, trees, or crops. Rinseate will be reused as spray solution as much as possible until project completion and application rates shall not exceed ¾ ounce per acre.

2.2.7 NOXIOUS WEED LIST:

Code Scientific Name

Common Name

CANU4 Carduus nutans Musk thistleCIAR4 Cirsium arvense Canada thistleCIVU Cirsium vulagre Bull thistle

2.2.8 SPRAY EQUIPMENT: All spray equipment shall be accurately calibrated to ensure herbicide is applied as per manufacturer recommended application rates. All spray equipment would be operated in accordance with owner’s manuals. Weed treatment accomplished by the use of spray equipment installed in trucks, ATVs, or UTVs would follow manufacturer specifications and recommendations, including those specific to weight restrictions.

2.2.9 WEATHER CONDITIONS: Herbicide shall not be applied if temperatures exceed 95 degrees and or the wind speed exceeds 15 mph in all areas.

SECTION III – GOVERNMENT FURNISHED PROPERTY, MATERIALS, SERVICESThe Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

1. Hard copy maps of detailed treatment areas.2. A blank application record sheet

SECTION IV - CONTRACTOR FURNISHED ITEMS/SERVICESThe contractor shall furnish everything, including water and herbicide, required to perform this contract.



SECTION V - PERFORMANCE WORK STATEMENT TASKS AND CRITICAL SUBTASKSThe following tasks are to be performed to the quality performance requirements shown on the Performance Requirements Summary table in Section VII.

5.1 WEED TREATMENT/INVENTORY/DATA: The contractor shall apply herbicide according to product’s label in order to treat noxious weeds on the FPNG and each treatment shall be recorded with spatial data and application record field sheets.

5.1.1 Herbicide will be applied at the optimal stage of plant development to be most effective. For the species being treated, this could require the contractor to return to an area at varying times. The preferred development stage for all targeted species is in the rosette to flowering stage. The herbicide application rates are as follows:o Thistles (Canada, bull and musk):

Milestone at 7 ounces per acre Carrier agent applied at 3 ounces per acre.

5.1.2 Record data on each site treated according to the attached requirements. On a regular basis, provide the COR with information as to where the recent treatments have been made.

5.2 SUBMITTALS: The contractor shall provide the following submittals:



5.2.1 QUALITY CONTROL PLAN (QCP): The contractor shall establish and maintain a complete Quality Control Plan acceptable to the Government to ensure the requirements of the contract are provided as specified. The QCP includes the contractor’s inspection system and the method for identifying and preventing defectives in the quality of service preformed. No work may start until the Contractor’s Quality Control Plan is submitted and accepted by the Government, and the Notice to Proceed is issued.

5.2.2 WORK PLAN: The Work Plan shall describe how the contractor plans to perform the project, including methods, personnel certifications and calibration rates, and list of equipment by make and model. No work may start until the Contractor’s Work Plan is submitted and accepted by the Government and the Notice to Proceed is issued.

5.2.3 PROGRESS SCHEDULE: The contractor shall prepare and submit a practical schedule showing the order in which the contractor will perform the work and the dates on which the contractor contemplates starting and completing each task, unless specific treatment areas list both required start and stop work dates. No work may start until the Contractor’s Progress Schedule is submitted to and accepted by the Government, and the Notice to Proceed is issued.

5.2.4 DATA SUBMITTAL: The contractor shall provide copies of all digital data on a CD or flash drive and hard copy application records. These items are to be submitted to the COR before December 31, 2017 for fall treatments and September 1, 2018 for spring/summer treatments; early submittals will be accepted. Inaccurate or incomplete data will be returned to the contractor for correction.

SECTION VI - GOVERNMENT PUBLICATIONS/INDUSTRY STANDARDS/STATE STANDARDS/GOVERNMENT STANDARDS/TECHNICAL EXHIBITSTechnical specifications and attachments:

All spray equipment must be capable of delivering at least 10 gallons per acre. Contractor must certify that spray equipment can be accurately calibrated and the products

applied at required label rates. Contractor shall comply with all federal, state, and local rules, regulations, and laws pertaining

to the work required by this contract. Contractor will be required to adhere to all aspects of pesticide labels used during treatment. Target weed species shall be sprayed at optimal stage of development for herbicidal action to

take place. Timing will be consistent with factors such as target species growth stage, product formulation and weather.

Treatment areas shall be uniformly traversed with spray vehicles. Overlap of spray swaths should be kept to a minimum. Spray vehicles should be equipped with an identifier or an identifier system to insure reduced overlap of spray swaths. Spray will not come in contact with standing water in ponds or drainages. Care will be taken to avoid spray contact with adjacent crop fields, trees, and stock tanks.

Spraying will cease in the event of rain or wind in excess of 15 miles per hour or when temperatures exceed 95 degrees Fahrenheit.



Mixing and rinsing will take place in the field within treatment areas at a distance greater than 100ft. upstream of standing water, trees or crops. Rinseate will be reused as spray solution as much as possible until project completion. Final leftover rinseate may be applied to treatment areas.

Contractor shall ensure all equipment moved onto National Forest System land is free of soil, seeds, vegetative matter, or other debris that could contain or hold noxious weed seed. The Forest Service may request inspection of equipment prior to it being placed into service.

Payment for treatment will be based on acres of noxious weeds sprayed with herbicide. Preparing tank mixes, cleaning spray equipment or disposing of herbicide containers shall not

occur at any Forest Service facility. All equipment used in treatment will have adequate fire extinguishers and other fire prevention

mechanisms.

SECTION VII - PERFORMANCE REQUIREMENTS SUMMARY

TASK/ SUBTASK

PERFORMANCESTANDARD

ACCEPTABLE QUALITY

LEVEL (AQL)MONITORING

METHODDISINCENTIVES

FOR NOT MEETING STANDARDS

5.1: Noxious Weed Inventory/TreatmentData

Weeds will be treated as per herbicide label directions

Responsible for the effects of herbicide residue on non-target species and any drift.

Equipment will be equipped with anti-siphon devices to prevent contamination of any water supply

Treat at temperatures less than 95 F and wind speeds less than 15 mph

Complete treatment to required standards as defined in Section 2.2.5 and provide COR with updates on where treatments have occurred.

90% Acceptable level of performance thus resulting in 90% kill

Less than 20% loss of non-target species

Follow task order direction and manufacturer label direction 100%

Review contractor’s records of treatment, inspection, and sampling results, and perform periodic on-site inspections

Government shall perform our own sampling through a series of ocular inspections

Checking compliance of contractor supplied inspection plots

Rework at contractors expense

Payment will be deducted in accordance with G.5 Payments.

Poor performance rating

5.2 - Submittals

5.4.1 -

All submittals are received within 10 days after contract award

QCP includes contractor’s inspection system and the method

100% Compliance

Submittal review Will not issue Notice to Proceed until submittals are received and accepted by the Government.



Quality Control Plan (QCP)

5.4.2 - Work Plan

5.4.3 - Schedule of Work

5.4.4 – Data Submittals

for identifying and preventing defectives in the quality of service preformed.

Includes method and frequency of inspectionsOn-site records of all quality control inspections are submitted weekly

Contractor will submit GPS/GIS data as outlined in 2.2.5 above.

DEFINITIONS

ACCEPTABLE QUALITY LEVEL (AQL): The maximum allowable deviation from perfect performance that may occur before the Government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

DEFECTIVE SERVICE: A unit of service which contains one or more defects, or nonconformance with specified requirements.

CONTRACTING OFFICER (CO): A Government personnel with the authority to bind the government in a contract.

CONTRACTING OFFICER’S REPRESENTATIVE (COR): A Government person appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

CUSTOMER FEEDBACK: Customer feedback is firsthand information from the actual users of the service.

GOVERNMENT INSPECTOR: A Government person responsible for surveillance of contractor performance.

PERFORMANCE REQUIREMENTS SUMMARY (PRS): Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

QUALITY ASSURANCE: Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).



QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): An organized written document used for quality assurance surveillance. The document contains specific methods the Government will use to perform surveillance of the contractor.

QUALITY CONTROL: Those actions taken by a contractor to control the performance of services so that they meet the requirements of the Performance Work Statement (PWS).

QUALITY CONTROL PLAN (QCP): A quality control plan is a plan developed by the contractor for its internal use to ensure that it performs and delivers high-quality service.

RANDOM SAMPLING: A sampling method in which each service output in a unit has an equal chance of being selected.

SECTION D -- PACKAGING AND MARKING

{No clauses in this section.}

SECTION E -- INSPECTION AND ACCEPTANCE

52.252-1 Solicitation Provisions 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

52.246-1 Contractor Inspection Requirements (Apr 1984)52.246-4 Inspection of Services -- Fixed-Price (Aug. 1996)

1 CONTRACTOR SELF INSPECTION: A. The contractor shall conduct self-inspections (QCP) on all aspects of work, collection of

data, mapping, and data submittal. The field inspections shall be spread throughout the project area. For all submitted data, the contractor shall provide the Government with an acceptable method of self-inspection. This method shall be accepted and approved by the Government prior to the Notice to Proceed being issued.

At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

The self-inspection process for treated areas shall be documented and submitted on a weekly basis after the Notice to Proceed occurs, and be representative of a treatment area.

The QCP shall specify:1. How quality will be monitored to assure performance standards are met.2. How the work will be supervised.

http://www.usda.gov/procurement/policy/agar.html

http://www.arnet.gov/far/



3. How results of the monitoring will result in quality performance.4. 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 clause FAR 52.212-4, Contract Terms and Conditions – Commercial Items, paragraph (a), Inspection/Acceptance prior to requesting the Government to inspect for payment or acceptance.

The GIS geodatabase containing the data for treated locations needs to be passed on to the COR. This is to provide areas for the COR to complete inspections on treatment areas. Required weed data including field spray sheets, and ArcGIS geodatabase data shall be submitted to the COR bi-weekly.

2 GOVERNMENT INSPECTION AND ACCEPTANCE: A. Government Quality Assurance Inspection. The Government will, at its

convenience, make periodic inspections of the work to assure itself of contract compliance and to perform Quality Assurance Inspections to determine that the Contractor is performing quality control in accordance with its QCP and that Contractor monitoring results in quality performance of contract objectives. The Government will assure quality is being met through plots and visual inspections as stated in Section VII - PRS. Inspections will determine both the adequacy of coverage and rate of detection of weed occurrences. A determination of acceptance will be based on discoloration, wilt, and presence of dye on plants meeting the AQL.

B. Acceptance. Acceptance of the work under the contract will be made after Government inspection and the Contracting Officer has made the determination of satisfactory compliance with the specifications. All required contract specifications shall be satisfactorily completed in each unit before acceptance will be made. Acceptance will not be made for segments broken by unacceptable portions of work.

C. Rework and Re-inspection after Rework. If the contractor fails to meet the minimum AQL, the contractor shall rework the area. The Government will conduct an inspection and up to one re-inspection for each area. When inspections indicates that the performance objectives were not met, the work will be deemed unsatisfactory and payment will not be made until the Contractor has assured the Government that its

Quality Control measures have corrected the deficiencies. Inspections after rework will be made in the same manner as the first inspection.

SECTION F -- DELIVERIES OR PERFORMANCE

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/




52.242-15 Stop Work Order (AUG 1989)

1 SUSPENSION OF WORKWhenever the Contracting Officer determines that the temperature, humidity, soil moisture, plant moisture stress, winds, or combination of these and other physical conditions have become unsuitable for project to continue in any area, the Contractor shall move the work force to another area(s) prescribed by the Contracting Officer. When no other area is available, the Contracting Officer will issue a suspend work order for the bid item and contract time will stop for that item. When conditions are again favorable, the Contracting Officer will issue a verbal resume work order and confirm the resumption in writing. Contract time will resume on the effective work resumption date. In all cases, the Contractor shall resume work within 3 calendar days after the effective work resumption date. It is the Contractor's responsibility to keep the Contracting Officer currently advised as to where the Contractor or the Contractor's Representative may be reached by telephone during periods of work suspension. If the Contractor cannot be reached at the telephone number provided, or if the Contractor fails to leave a number, a written resume work order will be mailed and contract time will resume on the date specified on the resume work order.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from Fall 2017 through September 1, 2018

SECTION G -- CONTRACT ADMINISTRATION DATA

1 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will designate a Contracting Officer's Representative (COR) at the time of contract award.

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.

The COTR's major duties and responsibilities are contained in the Forest Service Handbook of Contract Administration. The COTR is delegated full authority under this contract except for the following actions which are reserved for the Contracting Officer:

1. Approve Change Orders and Modifications2. Take action to terminate the contract for default or Government convenience.3. Make contract adjustments under the Differing Site Conditions clause.4. Grant extensions of contract time.5. Approve assignment of claims.6. Make final decisions under the Disputes clause.7. Make final acceptance under the contract.8. Make final decisions under the Suspension of Work clause.9. Make equitable adjustments.10. Authorize change in amount of Payment Retention.11. Approve subcontractors.12. Approve payments with deductions or final payment.13. Approve use and possession prior to completion.14. Enforce the warranty provisions.

2 AGAR 452.215-73 Post award Conference. (NOV 1996) (a) A post award conference with the successful offeror is required. It will be scheduled within 10 calendars days of award. (b) The conference will be held at: Fort Pierre District Office, 1020 N. Deadwood Street, Fort Pierre, SD.

3 SCHEDULES FOR SERVICE CONTRACTSIf Contractor's progress falls behind progress work schedule, the Contractor shall take such action as necessary to improve his progress; in addition, the Contracting Officer may require Contractor to submit a revised schedule and proposed plan of work to ensure completion of the work within the time(s) set forth in the contract.

Contractor shall schedule work to allow enough time for final inspections and any possible reworks to be completed by the contract end date.

4 PAYMENTPayment at contract price will be made on a per acre cost less any deductions or adjustments as provided in the PWS.

Work meeting at least 90 percent AQL will receive 100 percent payment. Falling below 90 percent to 80 percent AQL will receive the same percentage of the amount due for payment. Falling below 80 percent AQL will result in 90 percent of the actual AQL for that unit.



Once the order is complete, you will need to submit a proper invoice to the "Submit Invoice-to" address for USDA orders in the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

5 NOTIFICATION OF SUBCONTRACTINGThe Contractor shall promptly notify the Contracting Officer upon entering into any subcontract arrangement. The subcontractor shall have the experience and be equipped for such work. The written notification shall include as a minimum:A. The name, address and telephone number of the subcontractor.B. The date upon which the subcontract was entered into and its duration. C. A detailed description of the work being subcontracted including a listing of contract

items, units, etc., as appropriate.D. Documentation of the subcontractor's representative authority.

Subcontracting any portion of the contract shall not relieve the Prime Contractor of any responsibility under this contract. Any subcontract agreement shall contain all terms and conditions of the prime contract.

6 NOTICE TO PROCEEDA Notice to Proceed will be issued in writing by the Contracting Officer. No work shall begin until receipt of this notice. Supplies should not be purchased prior to the Notice to Proceed or the Contractor will not be reimbursed in the case of a Termination of the contract. Contract time shall commence on the day indicated on the Notice to Proceed.

7 FINAL CLEANUPBefore final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

FIRE PREVENTION AND CONTROL

(a) Tools and equipment. The Contractor shall furnish and maintain in a serviceable condition one shovel, size O or larger, for each employee working in the project area. The shovels may be stored in the employees private vehicle or the contractor's vehicles, but must be readily available to each employee while in the project area.

For each skid steer, yarder, loader, jammer, chipper, crawler tractor, skidder, hauling truck, portable welder, or comparable type equipment, the Contractor shall furnish one shovel, size O or larger,



attached to each unit and one two and one-half pound or larger dry chemical or four pound or larger carbon dioxide type fire extinguisher attached to each unit.

For each power saw, soil auger, portable pump, or like powered equipment, the Contractor shall furnish one shovel, size 0 or larger, and one dry chemical fire extinguisher, 8 ounce or larger, immediately available to the operator of the equipment. The fire extinguisher shall be with the operator of the equipment; the shovel may be with the fuel can used to refuel the equipment.

Refueling of the equipment shall be done in an area cleared and void of flammable materials. Power saws shall be moved from the spot of refueling before starting.

(b) Fire Prevention –

The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site. The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents or employees.

Blasting - Advance approval in writing is required from the District Ranger. The use of fuses shall not be permitted, except near power lines where the danger of accidental detonation is present. Use of prima cord will not be allowed in clearing operations where flammable materials are present. A watchman will remain on site for at least one hour after detonation in areas of blasting where flammable fuels are present. Explosives will be stored at all times in a locked box marked "Explosives." All Federal, State, and local laws concerning the use and storage of explosives shall be followed.

Fire Orders/moratoriums – Any fire order issued during the contract will become a requirement of the contract.

Gas and Oil Use and Storage - Gasoline will be stored and transported only in metal containers with tight caps or seals. Gas and oil drum storage areas will be cleared of all flammable material for a distance of 50 feet around the drums. Storage areas will be posted with "No Smoking" signs. Oil filters, oil cans, oily rags, etc., will be removed from the project area and discarded in proper waste disposal receptacles or sites.

Open Fires - In accordance with State and local regulations. Pursuant to 36 CFR 261.50a the following is prohibited on each National Forest or National Grasslands in the Rocky Mountain Region:

Operating or using any internal or external combustion engine on any timber, brush or grass covered land, including trails traversing such land, without a spark arrester, maintained in effective working order, meeting either (i) Department of Agriculture, Forest Service Standard 5100-1a; or (ii) the 80 percent efficiency level determined according to the appropriate Society of Automotive Engineers (SAE) recommended Practices J335 and J350.

Violation of this regulation and the general prohibitions of 36 CFR 261.3 to .20 is punishable by a fine of not more than $500 or imprisonment for not more than 6 months or both.



Smoking - Smoking is prohibited while operating tractors or open-type vehicles, or while walking or working in an area with flammable fuels.

Welding - All flammable materials will be cleared for a minimum distance of 10 feet around any welding operation. Fire extinguishers and fire tools are required as shown in Section B-1(b).

WASHING EQUIPMENT

In order to prevent the spread of noxious weeds into the contract area, contractor shall be required to clean all off-road equipment prior to equipment being moved to the project site on National Forest lands. This cleaning shall remove all visible soil, plant parts, seeds, vegetative matter, or other debris that could contain or hold seeds. Only equipment cleaned and inspected by the Forest Service will be allowed to operate within the contract area. All subsequent move-ins of equipment to the contract area shall be treated in the same manner as the initial move in. "Off-road equipment" includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles.

Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required.

Unless otherwise agreed, contractor shall give the Forest Service at least 24 hours’ notice when equipment is ready for inspection. Notification will include an agreed upon location where the equipment will be available for inspection by the Forest Service. New infestations of noxious weeds are a concern to the Forest Service and shall be identified by either contractor or Forest Service, within the contract area and shall be promptly reported to the other party. Contractor and Forest Service shall agree on necessary steps to reduce or stop the spread of noxious weeds when new infestations are found. A current list, along with photos, of noxious weeds of concern to Forest Service is available at each Forest Service office.

Washing Equipment

In order to prevent the spread of noxious weeds into the contract area, contractor shall be required to clean all off-road equipment prior to equipment being moved to the project site on National Forest lands. This cleaning shall remove all visible soil, plant parts, seeds, vegetative matter, or other debris that could contain or hold seeds. Only equipment cleaned and inspected by the Forest Service will be allowed to operate within the contract area. All subsequent move-ins of equipment to the contract area shall be treated in the same manner as the initial move in. "Off-road equipment" includes all logging and construction machinery, except for log trucks, chip vans, service vehicles, water trucks, pickup trucks, cars, and similar vehicles.

All spray equipment will be inspected by COR or Inspector and must be washed and cleaned prior to beginning initial project. Any time the equipment is removed and used on lands not included under this contract the COR shall be notified and equipment shall be cleaned prior to commencing work under the contract. In order to minimize the potential for weed spreading, spray trucks and



equipment will be pressure washed before moving from one type of infestation to another, unless combinations of infestations already exist.

Contractor shall employ whatever cleaning methods are necessary to ensure that off-road equipment is free of noxious weeds. Equipment shall be considered free of soil, seed, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required.

Unless otherwise agreed, contractor shall give the Forest Service at least 24 hours’ notice when equipment is ready for inspection. Notification will include an agreed upon location where the equipment will be available for inspection by the Forest Service.

New infestations of noxious weeds are a concern to the Forest Service and shall be identified by either contractor or Forest Service, within the contract area and shall be promptly reported to the other party. Contractor and Forest Service shall agree on necessary steps to reduce or stop the spread of noxious weeds when new infestations are found. A current list, along with photos, of noxious weeds of concern to Forest Service is available at each Forest Service office.

SAFETY PLAN (a) The Contractor shall provide a copy of their safety plan at the pre-work meeting.(b) The Safety Plan should be available to all employees and subcontractors working on the contract.(c) The Safety Plan should cover at a minimum:

i. Safety briefings covering the area working in, equipment being used, and any special considerations for the work under the contract

ii. Personal Protective Equipment required for the work under the contractiii. Appropriate OSHA requirements for the type of work under the contractiv. Weather considerations for the time of year of the contract.v. Communication issues and locations of the nearest medical facilities to the job site.vi. Emergency numbers to contact if an accident happens.



PART II – CONTRACT CLAUSES

SECTION I--CONTRACT CLAUSES

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

FAR 52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997)

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:

(a) The Schedule (excluding the specifications)(b) Representations and other instructions(c) Contract clauses(d) Other Documents, exhibits, and attachments(e) The Specifications

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

ADDENDUM TO FAR 52.212-4FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-13 System for Award Management Maintenance. (Jul 2013) 52.211-18 Variation in Estimated Quantity. (Apr 1984)52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (JAN 2011)52.222-50 Combating Trafficking in Persons (FEB 2009)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 (JAN 1997)

Alternate I (JUL 1995)52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable if contract is awarded to an

individual) 52.228-5 Insurance – Work on a Government Installation (JAN 1997)52.232-18 Availability of Funds (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)52.232-40 Accelerated Payments to Small Business Subcontractors (DEC 2013)52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)52.243-1 Changes – Fixed-Price (AUG 1987)52.242-15 Stop Work Order (AUG 1989)52.244-6 Subcontracts for Commercial Items (DEC 2013)

cvanalyn, 02/26/12,

Use unless the contract will not involve the use of USDA-designated items at http://www.usda.gov/biopreferred

cvanalyn, 02/26/12,

Don’t use if using 242-14.





52.245-1 Government Property (APR 2012) Alternate I (APR 2012)52.245-2 Government Property Installation Operations Services (APR 2012)52.253-1 Computer Generated Forms (JAN 1991)52.246-20 Warranty of Services. (MAY 2001)52.249-4 Termination for Convenience of the Government (Services) (Short Form).

(APR 1984) 52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES452.236-72 Use of Premises (NOV 1996)452.237-70 Loss, Damage, Destruction or Repair (FEB 1988)452.237-75 Restrictions against Disclosure (FEB 1988)

FOREST SERVICE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES4G52.222-705 Camping Provisions for Labor Intensive Contracts (FEB 2007)4G52.222-706 Privacy Basics Course Mandatory for Certain Contracts (FEB 2007)

NEW --- Invoice Processing PlatformNOTE: The paragraph below replaces the paper invoice copies requirement referenced on FAR 52.212-4 (g) invoices.The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

AGAR 452.237-75 Restrictions against disclosure (Feb 1988)

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Supervisor

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor

cvanalyn, 02/26/12,

Contracts performed at Government installation when GFP will be provided for initial provisioning only and Govt is not responsible for repair or replacement.

cvanalyn, 02/26/12,

Use if contract is not cost reimbursement, time and material, labor hours or fixed price contract awarded with cost or pricing data.

https://www.ipp.gov/vendors/enrollment-vendors.htm

https://www.ipp.gov/index.htm



within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)

END OF ADDEDUM TO FAR 52.212-4

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

(End of clause)

52.232-18 Availability of Funds. (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. (JAN 2017)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553 ).



(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 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 (Oct 2015) (41 U.S.C. 3509)).

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved].__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)

(15 U.S.C. 657a ). __ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a ).

__ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved]XX(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644 ).

__ (ii) Alternate I (Nov 2011).__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644 ). __ (ii) Alternate I (Oct 1995) of 52.219-7.



__ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and

(3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9. __ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). XX (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14) ). 15 U.S.C.

637(a)(14)). At least 50% of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

__ (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 (Nov 2011) (15 U.S.C. 657 f ).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (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 (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016)

(E.O. 13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212 ). __ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793 ). __ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). XX (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

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

__ (34) 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.)



__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). __ (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 (DEC 2007) (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. XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011) (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. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.XX (48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83 ). __ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (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, 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) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501 , et seq., 19 U.S.C. 3301 note). XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 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) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 4505 , 10 U.S.C. 2307(f) ). __ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505 ,

10 U.S.C. 2307(f) ). XX (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

(Jul 2013) (31 U.S.C. 3332 ). __ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332 ). __ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332 ). __ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a ). __ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). __ (62)(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.

(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.]__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). XX (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67 ). XX (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206

and 41 U.S.C. chapter 67 ). This Statement is for Information Only:

It is not a Wage Determination Employee Class Monetary Wage – Fringe Benefits

30090 Environmental Technician WG 7; $19.44 plus $4.27 Fringe Benefits



__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 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 ).

__ (6) 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 ).

__ (7) 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 ).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792). __ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1) ).

(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, 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 (Oct 2015) (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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212 ). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793 ). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212 ) (x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67 ). (xii)

52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627 ).

(xiii) 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 ).

(xiv) 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 ).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at

$50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).



(B) Alternate I (JAN 2017) of 52.224-3. (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 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.

(End of clause)



PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHED DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

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

Title Pages1. Wage Determination No.: 2015-5377; Revision No.: 2; Dated 01/03/2017 112. Noxious Weed Inventory Field Sheet 13. Treatment Area Vicinity Map 1

Note: In compliance with the paper reduction act, FAR Clauses 52.212-3, 52.212-1 and 52.212-2 and addendums attached thereto, which apply only to the solicitations phase, are not duplicated after contract award. However, they are incorporated by reference into the resulting contract.



WD 15-5377 (Rev.-2) was first posted on www.wdol.gov on 01/03/2017************************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2015-5377Daniel W. Simms Division of | Revision No.: 2Director Wage Determinations| Date Of Revision: 12/30/2016_______________________________________|____________________________________________Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 forcalendar year 2017 applies to all contracts subject to the Service ContractAct for which the contract is awarded (and any solicitation was issued) on orafter January 1, 2015. If this contract is covered by the EO, the contractormust pay all workers in any classification listed on this wage determinationat least $10.20 per hour (or the applicable wage rate listed on this wagedetermination, if it is higher) for all hours spent performing on the contractin calendar year 2017. The EO minimum wage rate will be adjusted annually.Additional information on contractor requirements and worker protections underthe EO is available at www.dol.gov/whd/govcontracts.____________________________________________________________________________________State: South Dakota

Area: South Dakota Counties of Bennett, Butte, Corson, Dewey, Fall River,Gregory, Haakon, Harding, Jackson, Jones, Lawrence, Lyman, Mellette, Perkins,Shannon, Stanley, Todd, Tripp, Ziebach____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 11.79 01012 - Accounting Clerk II 13.24 01013 - Accounting Clerk III 15.35 01020 - Administrative Assistant 17.58 01035 - Court Reporter 15.49 01041 - Customer Service Representative I 11.84 01042 - Customer Service Representative II 13.31 01043 - Customer Service Representative III 14.52 01051 - Data Entry Operator I 10.58 01052 - Data Entry Operator II 11.99 01060 - Dispatcher, Motor Vehicle 13.95 01070 - Document Preparation Clerk 11.05 01090 - Duplicating Machine Operator 11.05 01111 - General Clerk I 10.33 01112 - General Clerk II 11.27 01113 - General Clerk III 12.65 01120 - Housing Referral Assistant 15.88 01141 - Messenger Courier 9.33 01191 - Order Clerk I 10.95 01192 - Order Clerk II 11.95 01261 - Personnel Assistant (Employment) I 13.27 01262 - Personnel Assistant (Employment) II 14.99 01263 - Personnel Assistant (Employment) III 17.38 01270 - Production Control Clerk 16.37



01290 - Rental Clerk 9.88 01300 - Scheduler, Maintenance 12.37 01311 - Secretary I 12.37 01312 - Secretary II 13.84 01313 - Secretary III 15.88 01320 - Service Order Dispatcher 13.03 01410 - Supply Technician 17.58 01420 - Survey Worker 12.48 01460 - Switchboard Operator/Receptionist 10.87 01531 - Travel Clerk I 11.47 01532 - Travel Clerk II 12.17 01533 - Travel Clerk III 12.87 01611 - Word Processor I 11.02 01612 - Word Processor II 12.37 01613 - Word Processor III 13.8405000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 17.15 05010 - Automotive Electrician 16.37 05040 - Automotive Glass Installer 15.61 05070 - Automotive Worker 15.61 05110 - Mobile Equipment Servicer 14.01 05130 - Motor Equipment Metal Mechanic 17.15 05160 - Motor Equipment Metal Worker 15.61 05190 - Motor Vehicle Mechanic 17.15 05220 - Motor Vehicle Mechanic Helper 13.22 05250 - Motor Vehicle Upholstery Worker 14.81 05280 - Motor Vehicle Wrecker 15.61 05310 - Painter, Automotive 16.37 05340 - Radiator Repair Specialist 15.61 05370 - Tire Repairer 11.10 05400 - Transmission Repair Specialist 17.1507000 - Food Preparation And Service Occupations 07010 - Baker 11.46 07041 - Cook I 11.16 07042 - Cook II 12.81 07070 - Dishwasher 8.77 07130 - Food Service Worker 9.35 07210 - Meat Cutter 13.03 07260 - Waiter/Waitress 8.5009000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 18.34 09040 - Furniture Handler 12.28 09080 - Furniture Refinisher 18.34 09090 - Furniture Refinisher Helper 14.61 09110 - Furniture Repairer, Minor 16.58 09130 - Upholsterer 16.6811000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 9.49 11060 - Elevator Operator 10.47 11090 - Gardener 14.04 11122 - Housekeeping Aide 10.72 11150 - Janitor 10.72 11210 - Laborer, Grounds Maintenance 11.27 11240 - Maid or Houseman 9.35 11260 - Pruner 10.23 11270 - Tractor Operator 13.41 11330 - Trail Maintenance Worker 11.27 11360 - Window Cleaner 11.31



12000 - Health Occupations 12010 - Ambulance Driver 14.04 12011 - Breath Alcohol Technician 16.21 12012 - Certified Occupational Therapist Assistant 20.34 12015 - Certified Physical Therapist Assistant 20.34 12020 - Dental Assistant 15.80 12025 - Dental Hygienist 29.23 12030 - EKG Technician 24.89 12035 - Electroneurodiagnostic Technologist 24.89 12040 - Emergency Medical Technician 14.04 12071 - Licensed Practical Nurse I 13.81 12072 - Licensed Practical Nurse II 15.44 12073 - Licensed Practical Nurse III 17.23 12100 - Medical Assistant 12.90 12130 - Medical Laboratory Technician 17.11 12160 - Medical Record Clerk 14.31 12190 - Medical Record Technician 16.56 12195 - Medical Transcriptionist 13.65 12210 - Nuclear Medicine Technologist 32.58 12221 - Nursing Assistant I 10.36 12222 - Nursing Assistant II 11.65 12223 - Nursing Assistant III 12.72 12224 - Nursing Assistant IV 14.27 12235 - Optical Dispenser 14.44 12236 - Optical Technician 13.55 12250 - Pharmacy Technician 14.49 12280 - Phlebotomist 14.27 12305 - Radiologic Technologist 23.89 12311 - Registered Nurse I 20.31 12312 - Registered Nurse II 24.84 12313 - Registered Nurse II, Specialist 24.84 12314 - Registered Nurse III 30.05 12315 - Registered Nurse III, Anesthetist 30.05 12316 - Registered Nurse IV 36.03 12317 - Scheduler (Drug and Alcohol Testing) 20.09 12320 - Substance Abuse Treatment Counselor 17.3613000 - Information And Arts Occupations 13011 - Exhibits Specialist I 13.72 13012 - Exhibits Specialist II 17.00 13013 - Exhibits Specialist III 20.78 13041 - Illustrator I 13.72 13042 - Illustrator II 17.00 13043 - Illustrator III 20.78 13047 - Librarian 18.82 13050 - Library Aide/Clerk 10.92 13054 - Library Information Technology Systems 17.00 Administrator 13058 - Library Technician 12.29 13061 - Media Specialist I 13.02 13062 - Media Specialist II 14.56 13063 - Media Specialist III 16.24 13071 - Photographer I 12.70 13072 - Photographer II 14.21 13073 - Photographer III 17.60 13074 - Photographer IV 21.54 13075 - Photographer V 26.05 13090 - Technical Order Library Clerk 15.49 13110 - Video Teleconference Technician 12.78



14000 - Information Technology Occupations 14041 - Computer Operator I 11.60 14042 - Computer Operator II 12.97 14043 - Computer Operator III 15.41 14044 - Computer Operator IV 16.16 14045 - Computer Operator V 20.32 14071 - Computer Programmer I (see 1) 18.89 14072 - Computer Programmer II (see 1) 23.41 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 11.60 14160 - Personal Computer Support Technician 24.25 14170 - System Support Specialist 25.0815000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 29.28 15020 - Aircrew Training Devices Instructor (Rated) 33.61 15030 - Air Crew Training Devices Instructor (Pilot) 40.44 15050 - Computer Based Training Specialist / Instructor 29.28 15060 - Educational Technologist 26.05 15070 - Flight Instructor (Pilot) 40.44 15080 - Graphic Artist 17.93 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 39.56 15086 - Maintenance Test Pilot, Rotary Wing 39.56 15088 - Non-Maintenance Test/Co-Pilot 39.56 15090 - Technical Instructor 16.89 15095 - Technical Instructor/Course Developer 19.75 15110 - Test Proctor 13.04 15120 - Tutor 13.0416000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 9.30 16030 - Counter Attendant 9.30 16040 - Dry Cleaner 10.86 16070 - Finisher, Flatwork, Machine 9.30 16090 - Presser, Hand 9.30 16110 - Presser, Machine, Drycleaning 9.30 16130 - Presser, Machine, Shirts 9.30 16160 - Presser, Machine, Wearing Apparel, Laundry 9.30 16190 - Sewing Machine Operator 11.45 16220 - Tailor 12.04 16250 - Washer, Machine 9.8619000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 17.53 19040 - Tool And Die Maker 22.1921000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 14.47 21030 - Material Coordinator 18.01 21040 - Material Expediter 18.01 21050 - Material Handling Laborer 10.78 21071 - Order Filler 9.75 21080 - Production Line Worker (Food Processing) 14.47 21110 - Shipping Packer 12.96 21130 - Shipping/Receiving Clerk 12.96 21140 - Store Worker I 11.16 21150 - Stock Clerk 15.01 21210 - Tools And Parts Attendant 14.47



21410 - Warehouse Specialist 14.4723000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 24.83 23019 - Aircraft Logs and Records Technician 18.84 23021 - Aircraft Mechanic I 22.12 23022 - Aircraft Mechanic II 24.83 23023 - Aircraft Mechanic III 25.95 23040 - Aircraft Mechanic Helper 16.54 23050 - Aircraft, Painter 19.31 23060 - Aircraft Servicer 18.84 23070 - Aircraft Survival Flight Equipment Technician 19.31 23080 - Aircraft Worker 20.00 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 20.00 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 22.12 II 23110 - Appliance Mechanic 18.33 23120 - Bicycle Repairer 11.40 23125 - Cable Splicer 27.02 23130 - Carpenter, Maintenance 14.72 23140 - Carpet Layer 17.25 23160 - Electrician, Maintenance 21.33 23181 - Electronics Technician Maintenance I 19.60 23182 - Electronics Technician Maintenance II 20.83 23183 - Electronics Technician Maintenance III 22.04 23260 - Fabric Worker 16.30 23290 - Fire Alarm System Mechanic 19.40 23310 - Fire Extinguisher Repairer 15.79 23311 - Fuel Distribution System Mechanic 23.27 23312 - Fuel Distribution System Operator 18.18 23370 - General Maintenance Worker 15.30 23380 - Ground Support Equipment Mechanic 22.12 23381 - Ground Support Equipment Servicer 18.84 23382 - Ground Support Equipment Worker 20.00 23391 - Gunsmith I 15.79 23392 - Gunsmith II 18.08 23393 - Gunsmith III 20.33 23410 - Heating, Ventilation And Air-Conditioning 18.14 Mechanic 23411 - Heating, Ventilation And Air Contditioning 19.18 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 21.12 23440 - Heavy Equipment Operator 18.21 23460 - Instrument Mechanic 20.33 23465 - Laboratory/Shelter Mechanic 19.22 23470 - Laborer 10.78 23510 - Locksmith 18.47 23530 - Machinery Maintenance Mechanic 20.21 23550 - Machinist, Maintenance 16.26 23580 - Maintenance Trades Helper 14.58 23591 - Metrology Technician I 20.33 23592 - Metrology Technician II 21.40 23593 - Metrology Technician III 22.45 23640 - Millwright 19.22 23710 - Office Appliance Repairer 19.15 23760 - Painter, Maintenance 15.55 23790 - Pipefitter, Maintenance 19.49 23810 - Plumber, Maintenance 18.37



23820 - Pneudraulic Systems Mechanic 20.33 23850 - Rigger 20.33 23870 - Scale Mechanic 18.08 23890 - Sheet-Metal Worker, Maintenance 18.15 23910 - Small Engine Mechanic 17.25 23931 - Telecommunications Mechanic I 24.58 23932 - Telecommunications Mechanic II 25.99 23950 - Telephone Lineman 21.52 23960 - Welder, Combination, Maintenance 15.52 23965 - Well Driller 17.64 23970 - Woodcraft Worker 20.33 23980 - Woodworker 15.7924000 - Personal Needs Occupations 24550 - Case Manager 11.64 24570 - Child Care Attendant 9.12 24580 - Child Care Center Clerk 12.39 24610 - Chore Aide 10.08 24620 - Family Readiness And Support Services 11.64 Coordinator 24630 - Homemaker 15.0025000 - Plant And System Operations Occupations 25010 - Boiler Tender 19.26 25040 - Sewage Plant Operator 17.80 25070 - Stationary Engineer 19.26 25190 - Ventilation Equipment Tender 14.03 25210 - Water Treatment Plant Operator 17.8027000 - Protective Service Occupations 27004 - Alarm Monitor 14.81 27007 - Baggage Inspector 11.04 27008 - Corrections Officer 15.39 27010 - Court Security Officer 18.09 27030 - Detection Dog Handler 14.45 27040 - Detention Officer 15.39 27070 - Firefighter 17.46 27101 - Guard I 11.04 27102 - Guard II 13.38 27131 - Police Officer I 18.61 27132 - Police Officer II 20.6728000 - Recreation Occupations 28041 - Carnival Equipment Operator 11.30 28042 - Carnival Equipment Repairer 12.06 28043 - Carnival Worker 9.23 28210 - Gate Attendant/Gate Tender 15.49 28310 - Lifeguard 11.34 28350 - Park Attendant (Aide) 17.33 28510 - Recreation Aide/Health Facility Attendant 12.65 28515 - Recreation Specialist 17.69 28630 - Sports Official 13.81 28690 - Swimming Pool Operator 17.6729000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 18.12 29020 - Hatch Tender 18.12 29030 - Line Handler 18.12 29041 - Stevedore I 16.94 29042 - Stevedore II 19.3130000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 36.92 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 25.46



30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 28.04 30021 - Archeological Technician I 14.57 30022 - Archeological Technician II 16.30 30023 - Archeological Technician III 20.20 30030 - Cartographic Technician 20.01 30040 - Civil Engineering Technician 19.14 30051 - Cryogenic Technician I 21.67 30052 - Cryogenic Technician II 23.93 30061 - Drafter/CAD Operator I 14.57 30062 - Drafter/CAD Operator II 16.30 30063 - Drafter/CAD Operator III 18.18 30064 - Drafter/CAD Operator IV 22.36 30081 - Engineering Technician I 12.70 30082 - Engineering Technician II 14.26 30083 - Engineering Technician III 16.28 30084 - Engineering Technician IV 19.77 30085 - Engineering Technician V 24.17 30086 - Engineering Technician VI 29.25 30090 - Environmental Technician 18.90 30095 - Evidence Control Specialist 19.56 30210 - Laboratory Technician 17.61 30221 - Latent Fingerprint Technician I 21.67 30222 - Latent Fingerprint Technician II 23.93 30240 - Mathematical Technician 20.20 30361 - Paralegal/Legal Assistant I 17.18 30362 - Paralegal/Legal Assistant II 21.30 30363 - Paralegal/Legal Assistant III 26.06 30364 - Paralegal/Legal Assistant IV 31.53 30375 - Petroleum Supply Specialist 23.93 30390 - Photo-Optics Technician 20.20 30395 - Radiation Control Technician 23.93 30461 - Technical Writer I 21.02 30462 - Technical Writer II 25.71 30463 - Technical Writer III 31.10 30491 - Unexploded Ordnance (UXO) Technician I 23.46 30492 - Unexploded Ordnance (UXO) Technician II 28.39 30493 - Unexploded Ordnance (UXO) Technician III 34.03 30494 - Unexploded (UXO) Safety Escort 23.46 30495 - Unexploded (UXO) Sweep Personnel 23.46 30501 - Weather Forecaster I 21.67 30502 - Weather Forecaster II 26.36 30620 - Weather Observer, Combined Upper Air Or (see 2) 18.18 Surface Programs 30621 - Weather Observer, Senior (see 2) 20.2031000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 28.39 31020 - Bus Aide 10.38 31030 - Bus Driver 13.90 31043 - Driver Courier 11.71 31260 - Parking and Lot Attendant 10.36 31290 - Shuttle Bus Driver 13.61 31310 - Taxi Driver 11.67 31361 - Truckdriver, Light 13.61 31362 - Truckdriver, Medium 14.53 31363 - Truckdriver, Heavy 16.45 31364 - Truckdriver, Tractor-Trailer 16.4599000 - Miscellaneous Occupations 99020 - Cabin Safety Specialist 13.84



99030 - Cashier 9.31 99050 - Desk Clerk 9.72 99095 - Embalmer 24.34 99130 - Flight Follower 23.46 99251 - Laboratory Animal Caretaker I 13.13 99252 - Laboratory Animal Caretaker II 14.07 99260 - Marketing Analyst 25.78 99310 - Mortician 24.34 99410 - Pest Controller 18.19 99510 - Photofinishing Worker 12.33 99710 - Recycling Laborer 13.04 99711 - Recycling Specialist 15.23 99730 - Refuse Collector 11.92 99810 - Sales Clerk 11.46 99820 - School Crossing Guard 12.45 99830 - Survey Party Chief 18.50 99831 - Surveying Aide 11.91 99832 - Surveying Technician 15.49 99840 - Vending Machine Attendant 14.12 99841 - Vending Machine Repairer 16.94 99842 - Vending Machine Repairer Helper 12.89

____________________________________________________________________________________Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for FederalContractors, applies to all contracts subject to the Service Contract Act for whichthe contract is awarded (and any solicitation was issued) on or after January 1,2017. If this contract is covered by the EO, the contractor must provide employeeswith 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paidsick leave each year. Employees must be permitted to use paid sick leave for theirown illness, injury or other health-related needs, including preventive care; toassist a family member (or person who is like family to the employee) who is ill,injured, or has other health-related needs, including preventive care; or forreasons resulting from, or to assist a family member (or person who is like familyto the employee) who is the victim of, domestic violence, sexual assault, orstalking. Additional information on contractor requirements and worker protectionsunder the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor, 3 weeks after 10 years, and 4 weeks after 15 years. Length of serviceincludes the whole span of continuous service with the present contractor orsuccessor, wherever employed, and with the predecessor contractors in theperformance of similar work at the same Federal facility. (See 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin LutherKing Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day,Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (Acontractor may substitute for any of the named holidays another day off with pay inaccordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)



THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:

1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination doesnot apply to any employee who individually qualifies as a bona fide executive,administrative, or professional employee as defined in 29 C.F.R. Part 541. Becausemost Computer System Analysts and Computer Programmers who are compensated at a ratenot less than $27.63 (or on a salary or fee basis at a rate not less than $455 perweek) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.400) wage rates may not be listed on this wage determination for all occupationswithin those job families. In addition, because this wage determination may notlist a wage rate for some or all occupations within those job families if the surveydata indicates that the prevailing wage rate for the occupation equals or exceeds$27.63 per hour conformances may be necessary for certain nonexempt employees. Forexample, if an individual employee is nonexempt but nevertheless performs dutieswithin the scope of one of the Computer Systems Analyst or Computer Programmeroccupations for which this wage determination does not specify an SCA wage rate,then the wage rate for that employee must be conformed in accordance with theconformance procedures described in the conformance note included on this wagedetermination.

Additionally, because job titles vary widely and change quickly in the computerindustry, job titles are not determinative of the application of the computerprofessional exemption. Therefore, the exemption applies only to computer employeeswho satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, includingconsulting with users, to determine hardware, software or system functionalspecifications; (2) The design, development, documentation, analysis, creation, testing ormodification of computer systems or programs, including prototypes, based on andrelated to user or system design specifications; (3) The design, documentation, testing, creation or modification of computerprograms related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of whichrequires the same level of skills. (29 C.F.R. 541.400).

2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If youwork at night as part of a regular tour of duty, you will earn a night differentialand receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of yourregularly scheduled workweek, you are paid at your rate of basic pay plus a Sundaypremium of 25% of your basic rate for each hour of Sunday work which is not overtime(i.e. occasional work on Sunday outside the normal tour of duty is consideredovertime work).

** HAZARDOUS PAY DIFFERENTIAL **

An 8 percent differential is applicable to employees employed in a position thatrepresents a high degree of hazard when working with or in close proximity toordnance, explosives, and incendiary materials. This includes work such asscreening, blending, dying, mixing, and pressing of sensitive ordnance, explosives,and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization,modification, renovation, demolition, and maintenance operations on sensitiveordnance, explosives and incendiary materials. All operations involving re-gradingand cleaning of artillery ranges.

A 4 percent differential is applicable to employees employed in a position that



represents a low degree of hazard when working with, or in close proximity toordnance, (or employees possibly adjacent to) explosives and incendiary materialswhich involves potential injury such as laceration of hands, face, or arms of theemployee engaged in the operation, irritation of the skin, minor burns and the like;minimal damage to immediate or adjacent work area or equipment being used. Alloperations involving, unloading, storage, and hauling of ordnance, explosive, andincendiary ordnance material other than small arms ammunition. These differentialsare only applicable to work that has been specifically designated by the agency forordnance, explosives, and incendiary material differential pay.

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract(either by the terms of the Government contract, by the employer, by the state orlocal law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne by anemployee where such cost reduces the hourly rate below that required by the wagedetermination. The Department of Labor will accept payment in accordance with thefollowing standards as compliance:

The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for the actualcost of the uniforms. In addition, where uniform cleaning and maintenance is madethe responsibility of the employee, all contractors and subcontractors subject tothis wage determination shall (in the absence of a bona fide collective bargainingagreement providing for a different amount, or the furnishing of contraryaffirmative proof as to the actual cost), reimburse all employees for such cleaningand maintenance at a rate of $3.35 per week (or $.67 cents per day). However, inthose instances where the uniforms furnished are made of "wash and wear"materials, may be routinely washed and dried with other personal garments, and donot require any special treatment such as dry cleaning, daily washing, or commerciallaundering in order to meet the cleanliness or appearance standards set by the termsof the Government contract, by the contractor, by law, or by the nature of the work,there is no requirement that employees be reimbursed for uniform maintenance costs.

** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **

The duties of employees under job titles listed are those described in the"Service Contract Act Directory of Occupations", Fifth Edition (Revision 1),dated September 2015, unless otherwise indicated.

** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE, StandardForm 1444 (SF-1444) **

Conformance Process:

The contracting officer shall require that any class of service employee which isnot listed herein and which is to be employed under the contract (i.e., the work tobe performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination (See 29 CFR4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractorprior to the performance of contract work by such unlisted class(es) of employees(See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a finaldetermination of conformed classification, wage rate, and/or fringe benefits whichshall be paid to all employees performing in the classification from the first dayof work on which contract work is performed by them in the classification. Failure



to pay such unlisted employees the compensation agreed upon by the interestedparties and/or fully determined by the Wage and Hour Division retroactive to thedate such class of employees commenced contract work shall be a violation of the Actand this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations areincluded in a contract, a separate SF-1444 should be prepared for each wagedetermination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformedoccupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in orderthe proposed classification title(s), a Federal grade equivalency (FGE) for eachproposed classification(s), job description(s), and rationale for proposed wagerate(s), including information regarding the agreement or disagreement of theauthorized representative of the employees involved, or where there is no authorizedrepresentative, the employees themselves. This report should be submitted to thecontracting officer no later than 30 days after such unlisted class(es) of employeesperforms any contract work.

3) The contracting officer reviews the proposed action and promptly submits a reportof the action, together with the agency's recommendations and pertinentinformation including the position of the contractor and the employees, to the U.S.Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required to processthe request.

5) The contracting officer transmits the Wage and Hour Division's decision to thecontractor.

6) Each affected employee shall be furnished by the contractor with a written copyof such determination or it shall be posted as a part of the wage determination (See29 CFR 4.6(b)(2)(iii)).

Information required by the Regulations must be submitted on SF-1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory ofOccupations" should be used to compare job definitions to ensure that dutiesrequested are not performed by a classification already listed in the wagedetermination. Remember, it is not the job title, but the required tasks thatdetermine whether a class is included in an established wage determination.Conformances may not be used to artificially split, combine, or subdivideclassifications listed in the wage determination (See 29 CFR 4.152(c)(1)).



NOXIOUS WEED INVENTORY FIELD SHEETNOXIOUS WEED INVENTORY SITE ID #: 020706-17-CON-__ __ __ __

POLYGON # LOCATION: ________________________________________________ (Allotment/Pasture Name)

DISTRICT: Fort Pierre Ranger District AGENCY: US Forest Service

INVENTORY DATE: ___________________

PROJECT NAME: 2017 FPNG Noxious Weed Inventory Contract

SITE DESCRIPTION: Riparian Roadside Upland Other

SURVEYOR #1 NAME: _________________________________________________________

SURVEYOR #2 NAME: _________________________________________________________

CANOPY COVER: Trace < 1% Low 1 – 5% Moderate 5 – 25% High 25 – 100%

PRIMARY SPECIES NAME: ______________________________

ASSOCIATED SPECIES 1 __________________ ASSOCIATED SPECIES 2 _________________

COMMENTS: (Additional information specific to the particular survey) _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________





SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

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

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.222-22 Previous Contracts and Compliance Reports (FEB 1999)52-225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification (SEP 2010)52.237-1 Site Visit (APR 1984)

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

452.204-70 Inquiries (FEB 1988)





Contractor Safety Plan Certification

a. The Contractor shall have a Safety Plan in place.b. The Contractor shall provide a copy of their safety plan at the pre-work meeting. This copy of the Safety plan shall be kept in the contract folder for OSHA’s review.c. The Safety Plan should be available to all employees and subcontractors working on the contract.d. The Safety Plan should cover at a minimum:

i. Safety briefings covering the work area, equipment being used, and any special considerations for the work under the contract

ii. Personal Protective Equipment required for the work under the contract iii. Appropriate OSHA requirements for the type of work under the contract iv. Weather considerations for the time of year of the contract v. Communication issues and locations of the nearest medical facilities

vi. Name and point of contact information of supervisor responsible for enforcing Safety Plan vii. Name, position title and point of contact information of company executive responsible for approving the Safety Planviii. Specific contingency plans for emergencies such as medical, fire, hazard material spills and any other contract assessed hazard prevention and abatement requirement needs that apply to this project

_______________________ certify that I have a safety plan in place and certify that it will be strictly enforced. (Name of Contractor)

Signature: ______________________

Title: ________________________________

Date: _________________________________



GOVERNMENT EMPLOYEES, FORMER USDA EMPLOYEES, AND USDA RETIREES CERTIFICATION: (Certification to be submitted with quote.)

The offeror/quoter represents and certifies that--

(a) The firm/individual is, is not a current Federal Government employee.

(b) The firm is, is not substantially owned or controlled by a Government employee or retiree. (FAR Part 3.6)

(c) The firm/individual is, is not a former USDA EMPLOYEE.

(d) The firm/individual is, is not a retired USDA employee. If retired, give date of retirement ________________.

(e) The firm/individual is, is not related to a current Forest Service employee on any forest service units within the Rocky Mountain Region.

If so, list employee's name and location. ____________________________________.

I, on behalf of said Company, certify the above information is factual.

____________________________________________ ________________ Signature Date

_____________________________________________ ________________________________Printed Name Title



52.212-3 Offeror Representations and Certifications—Commercial Items. (JAN 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the

annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision— “Administrative merits determination” means certain notices or findings of labor law violations

issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means–(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of

competent jurisdiction.(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State

court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’”. The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment



Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are–

(1) Department of Labor Wage and Hour Division (WHD) for–(i) The Fair Labor Standards Act;(ii) The Migrant and Seasonal Agricultural Worker Protection Act;(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act; (iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; (v) The Family and Medical Leave Act; and(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for–(i) The Occupational Safety and Health Act of 1970; and (ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for–(i) Section 503 of the Rehabilitation Act of 1973;(ii) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era

Veterans’ Readjustment Assistance Act of 1974; and (iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and(5) Equal Employment Opportunity Commission (EEOC) for–

(i) Title VII of the Civil Rights Act of 1964;(ii) The Americans with Disabilities Act of 1990;(iii) The Age Discrimination in Employment Act of 1967; and(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—(6) Exacted from any person under the age of 18 under the menace of any penalty for its

nonperformance and for which the worker does not offer himself voluntarily; or(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of

which can be accomplished by process or penalties.“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or

that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.



“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:(1) The Fair Labor Standards Act. (2) The Occupational Safety and Health Act (OSHA) of 1970.(3) The Migrant and Seasonal Agricultural Worker Protection Act.(4) The National Labor Relations Act.(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act. (6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act. (7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).(8) Section 503 of the Rehabilitation Act of 1973.(9) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era

Veterans' Readjustment Assistance Act of 1974. (10) The Family and Medical Leave Act.(11) Title VII of the Civil Rights Act of 1964.(12) The Americans with Disabilities Act of 1990. (13) The Age Discrimination in Employment Act of 1967.(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws

implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;(2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials;(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and



(10) PSC 9630, Additive Metal Materials. “Place of manufacture” means the place where an end product is assembled out of components, or

otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;(4) Consist of providing goods or services to an internationally recognized peacekeeping force or

humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or(6) Have been voluntarily suspended.

“Sensitive technology”—(1) Means hardware, software, telecommunications equipment, or any other technology that is to

be used specifically—(i) To restrict the free flow of unbiased information in Iran; or(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.



(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2) , with a disability that is service-connected, as defined in 38 U.S.C. 101(16) .

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically

disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000

after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and(2) The management and daily business operations of which are controlled (as defined at

13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—(1) Not less than 51 percent of which is owned by one or more veterans (as defined at

38 U.S.C. 101(2) ) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly

owned business, at least 51 percent of the stock of which is owned by one or more women; and(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent



directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: “Administrative merits determination”, “Arbitral award or decision”, paragraph (2) of “Civil judgment”, “DOL Guidance”, “Enforcement agency”, “Labor compliance agreement”, “Labor laws”, and “Labor law decision”. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(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 posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database 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), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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.

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.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.



(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________



(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246—(1) Previous contracts and compliance. The offeror represents that—

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.(2) Affirmative Action Compliance. The offeror represents that—

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United



States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:Line Item No. Country of Origin

______________ _______________________________ _______________________________ _________________

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25 .

(g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements–Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin______________ _______________________________ _______________________________ _________________

[List as necessary]



(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:Line Item No. Country of Origin

______________ _______________________________ _______________________________ _________________

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25 .

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:Canadian End Products:

Line Item No._____________________________________________________________________________________________________________________

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:Canadian or Israeli End Products:Line Item No. Country of Origin

______________ _______________________________ _________________



______________ _________________

[List as necessary]

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:Line Item No. Country of Origin

______________ _______________________________ _______________________________ _________________

[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:Line Item No. Country of Origin

______________ _______________________________ _______________________________ _________________

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25 . For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.



(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals—

(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:(A) The tax liability is finally determined. The liability is finally determined if it has been

assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which

entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.



(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products. Listed End Product Listed Countries of Origin

___________________ ______________________________________ ___________________

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

□ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

□ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) □ Outside the United States.(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards

(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

□ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not certify that—

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;



(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

□ (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that—

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies—(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the

Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109 , 31 U.S.C. 7701) . (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.

(3) Taxpayer Identification Number (TIN). □ TIN: ________________________________.□ TIN has been applied for.



□ TIN is not required because:□ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have

income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

□ Offeror is an agency or instrumentality of a foreign government;□ Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization. □ Sole proprietorship;□ Partnership;□ Corporate entity (not tax-exempt);□ Corporate entity (tax-exempt);□ Government entity (Federal, State, or local);□ Foreign government;□ International organization per 26 CFR 1.6049-4;□ Other ________________________________.

(5) Common parent. □ Offeror is not owned or controlled by a common parent;□ Name and TIN of common parent:

Name ________________________________.TIN _________________________________.

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.

(n) Prohibition on Contracting with Inverted Domestic Corporations.(1) Government agencies are not permitted to use appropriated (or otherwise made available)

funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(2) Representation. The Offeror represents that— (i) It □ is, □ is not an inverted domestic corporation; and(ii) It □ is, □ is not a subsidiary of an inverted domestic corporation.

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.

(1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at [email protected].

(2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror—

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;



(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if—

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and

(ii) The offeror has certified that all the offered products to be supplied are designated country end products.

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation.

(1) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture.

(2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information:

Immediate owner CAGE code: ____________________.Immediate owner legal name: _____________________.(Do not use a “doing business as” name)Is the immediate owner owned or controlled by another entity: □ Yes or □ No.

(3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code: __________________.Highest-level owner legal name: ___________________.(Do not use a “doing business as” name)(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction

under any Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that—

(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension



or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(2) The Offeror represents that—(i) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed,

for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(ii) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.)

(1) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”)Predecessor legal name: _________________________(Do not use a “doing business as” name)(s) Representation regarding compliance with labor laws (Executive Order 13673). If the offeror is a

joint venture that is not itself a separate legal entity, each concern participating in the joint venture shall separately comply with the requirements of this provision.

(1)(i) For solicitations issued on or after October 25, 2016 through April 24, 2017: The Offeror □ does □ does not anticipate submitting an offer with an estimated contract value of greater than $50 million.

(ii) For solicitations issued after April 24, 2017: The Offeror □ does □ does not anticipate submitting an offer with an estimated contract value of greater than $500,000.

(2) If the Offeror checked “does” in paragraph (s)(1)(i) or (ii) of this provision, the Offeror represents to the best of the Offeror’s knowledge and belief [Offeror to check appropriate block]:

□ (i) There has been no administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the offeror (see definitions in paragraph (a) of this section) during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter; or

□ (ii) There has been an administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the Offeror during the period beginning on



October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter.

(3)(i) If the box at paragraph (s)(2)(ii) of this provision is checked and the Contracting Officer has initiated a responsibility determination and has requested additional information, the Offeror shall provide–

(A) The following information for each disclosed labor law decision in the System for Award Management (SAM) at www.sam.gov, unless the information is already current, accurate, and complete in SAM. This information will be publicly available in the Federal Awardee Performance and Integrity Information System (FAPIIS):

(1) The labor law violated.(2) The case number, inspection number, charge number, docket number, or other unique

identification number.(3) The date rendered.(4) The name of the court, arbitrator(s), agency, board, or commission that rendered the

determination or decision;(B) The administrative merits determination, arbitral award or decision, or civil judgment

document, to the Contracting Officer, if the Contracting Officer requires it;(C) In SAM, such additional information as the Offeror deems necessary to demonstrate its

responsibility, including mitigating factors and remedial measures such as offeror actions taken to address the violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws. Offerors may provide explanatory text and upload documents. This information will not be made public unless the contractor determines that it wants the information to be made public; and

(D) The information in paragraphs (s)(3)(i)(A) and (s)(3)(i)(C) of this provision to the Contracting Officer, if the Offeror meets an exception to SAM registration (see FAR 4.1102(a)).

(ii)(A) The Contracting Officer will consider all information provided under (s)(3)(i) of this provision as part of making a responsibility determination.

(B) A representation that any labor law decision(s) were rendered against the Offeror will not necessarily result in withholding of an award under this solicitation. Failure of the Offeror to furnish a representation or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(C) The representation in paragraph (s)(2) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation in accordance with the procedures set forth in FAR 12.403.

(4) The Offeror shall provide immediate written notice to the Contracting Officer if at any time prior to contract award the Offeror learns that its representation at paragraph (s)(2) of this provision is no longer accurate.



(5) The representation in paragraph (s)(2) of this provision will be public information in the Federal Awardee Performance and Integrity Information System (FAPIIS).

Note to paragraph (s): By a court order issued on October 24, 2016, this paragraph (s) is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)).

(1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not

publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(ii) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(iii) A publicly accessible website includes the Offeror’s own website or a recognized, third-party greenhouse gas emissions reporting program.

(3) If the Offeror checked “does” in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:_________________.

(u)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.



(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

ADDENDUM TO FAR 52.212-3

FAR 52.223-1 Biobased Product Certification (MAY 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 2902, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

END of ADDENDUM TO FAR 52.212-3

http://uscode.house.gov/



SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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):

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.212-1 Instructions to Offerors—Commercial Items (Feb 2012)

ADDENDUM TO 52.212-1

212-1.1 – General Instructions Proposals shall conform to the instructions provided in this section. Proposals shall be neat,

clearly and concisely written, indexed and logically assembled. The intent of your proposal is to communicate why you should be selected. Therefore, ensure you address (answer) each instruction element. Failure to properly respond may eliminate you from the competition. 212-1.1.1 Prospective offerors shall concurrently submit: (a) Volume I - Technical Proposal - One original

(i) Experience questionnaire should be included with your proposal or alternate format that provides all information requested.

(b) Volume II - Price Proposal - One original – do not include your technical proposal in with your price proposal. Include in your price proposal:(i) Completed and Signed SF-1449

(ii) The schedule of items with extensions completed(iii) Completed Section K

212-1.1.2 All proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation. Any commitments made in the proposal shall become a part of the resultant contract. Apparent inconsistencies between promised performance and statement of work shall be fully explained. Any significant inconsistency, if unexplained, raises a fundamental issue of the offeror’s understanding of the statement of work and/or ability to perform the contract. This may be a basis for rejection of the proposal. In no case shall words like “we will comply with the requirements of the contract,” or equivalent statements, be acceptable to meet the requirements of this solicitation. Failure to comply with these instructions may result in the offeror’s proposal being found non-responsive.

212-1.1.3 Offeror’s are cautioned that the government intends to award a contract without



discussions; thus, initial proposal should represent the best possible effort.212-1.1.4 Submitted materials should be fully responsive to and consistent with the

requirements of the solicitation and the evaluation criteria listed in section M. The format of the proposal shall be:a) Pages shall be 8 ½ x 11. Typing fonts should be no smaller than 12 pitch in a font that is easily readable such as Times, Times New Roman, or Arial.b) A single staple in the upper left had corner is permissible – do not bind nor place proposal in a folder. Elaborate format color representations, and bindings are not desirable.c) Proposal pages should be numbered.

212-1.1.5 Incorporation of proposal in award if selected: If a contractor’s proposal is accepted and an award is made, portions of the proposal may be incorporated into the contract.

212.1.1.6 Restriction on disclosure and use of data: Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes shall mark the title page with the following legend: “This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed, in whole or in part for any purpose other than to include in contract award.” Or any other restriction.

212-1.1.7 Disposition of Proposals: The original copy of the technical and cost proposal will be retained with the contract file. All copies of technical proposals will be destroyed after completion of technical evaluations.

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

452.204-70 Inquiries (FEB 1988)

WRITTEN INQUIRIES VIA FACSIMILE MACHINE

Reference “INQUIRIES (AGAR 452.204-70) (FEB 1988)”. In lieu of sending written inquiries via the postal service, potential quoters may send inquiries via facsimile machine at the phone number shown below, by referencing the solicitation number and directing the inquiry to the attention of the Contracting Officer, (605) 673-9217. Email questions may be submitted to: [email protected]

FAR 52.215-5 FACSIMILE PROPOSALS (OCT 1997)

(a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.

(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.(c) The telephone number of receiving facsimile equipment is:

ATTN: Brenda OsterFAX#: (605) 673-9217

(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the

mailto:[email protected]



degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document--

(1) The Contracting Officer immediately shall notify the offeror andpermit the offeror to resubmit the proposal.

(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and

(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timelines, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.

(f) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.

FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

PRE-BID/ PRE-PROPOSAL CONFERENCE

(a) The Government is planning a pre-proposal conference. If you plan on attending the pre-proposal conference, please register by emailing [email protected] or calling 605/673-9322 by April 11, 2017.

Date: August 23, 2017Time: 1:00pm CDTLocation: Ft. Pierre National Grassland Office 1020 N. Deadwood Street

Ft. Pierre, SD 57532

(b) Offerors are encouraged to submit all questions at least ten (10) days prior to the date that

(c) proposals are due. Offerors are required to submit all questions in writing or by email to:Brenda Oster, RMAST, 1019 N Fifth St, Custer SD 57730-8214, Fax to (605) 673-9217, or email to [email protected]. Questions must be received by April 2, 2017 - any questions received after this date will not be considered.

END of ADDENDUM TO FAR 52.212-1



AG-67T0-S-17-0026Weed Inventory – Ft. Pierre National Grasslands


SECTION M--EVALUATION FACTORS FOR AWARD

FAR 52.212-2 Evaluation – Commercial Items (JAN 1999) (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: Past Performance and Experience and Price

Technical and past performance, when combined, are equal.

An offer will be selected for award based on the “best value” to the Government. This selection will be based on an integrated evaluation of the factors described below.

Factor 1. Past Performance and ExperiencePast Performance describes the work performed. Experience is the opportunity to learn by doing and describe the knowledge and/or skills you gained from the work.

Furnish a list of up to three projects of relevant and similar magnitude completed by the firm within the last three years. For each project provide.

a. The Name of the Projectb. The Location of the Projectc. The Total Cost of the Projectd. Period of Performance on this Projecte. Brief narrative of the project (less than ½ page per project)f. Name of the Government Agency or Company contracting the work.g. The Name and Phone number of the Contracting Officer or project Point of Contact administering the project, andh. Any Evaluations that you received.

Evaluation Criteria: The Government will evaluate qualifications based on past performance andexperience. Past Performance will be assessed on the extent of client satisfaction, effectiveness in managing and directing resources, reasonable and cooperative behavior, and quality of pervious performance with clients. The Government may or may not contact any or all references listed.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated either favorably or unfavorably in this area, but instead receive a neutral rating in the area of past performance and experience.

Factor 2. PriceThe price should consist of itemized pricing as listed in the Schedule of Items.

Evaluation Criteria: The Government will evaluate price independently of Past Performance and Experience. Upon completion of evaluations of the technical factors, price will be considered in the final evaluation. The Government will evaluate offers in accordance with FAR 13.106. Best value will be based upon the evaluation criteria and price. The Government reserves the right to award a contract to other than the lowest priced offer if a higher priced offer is judged to have a higher performance/qualification confidence rating. In that event, the Contracting Officer shall make an integrated assessment best value award decision.



Relative Importance: Factors 1 and 2 are of equal importance.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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.

Definition of Rating of Evaluation Factors

EXCEPTIONAL: The proposal complies with all instructions for submission and includes additional information that indicates consistent high quality performance can be expected from the contractor. One or more items of service or evidence of past experience in this criterion exceeds the acceptable or minimum requirement.

ACCEPTABLE: The proposal complies with all instructions for submission and meets all minimum requirements of service under the proposed contract.

MARGINAL: The proposal complies with most instructions for submission and/or fails to meet all minimum requirements of services under the contract so as to appear weak in regards to meeting the stated minimum.

UNACCEPTABLE: The proposal does not provide minimum requirements of service and/or fails to comply with instructions regarding submission of the proposal. Proposal is extremely weak in regards to meeting the stated minimum requirements of service so as to have major weakness.



USDA – Forest ServiceEXPERIENCE QUESTIONNAIRE

(Ref. FSH 6309.31 and 41 USC 1)

INSTRUCTIONS: See Box 11, Remarks, if extra space is needed to answer any questions below. Mark “X” in appropriate boxes.

1. CONTRACTOR NAME, ADDRESS, AND TELEPHONE NO.

2. SUBMITTED TO (office Name and Address) 3. BUSINESS

Company Co-partnership Corporation Individual Non-profit Organization

4. How many years do you or your firmhave in the line of work contemplated by this solicitation?

5. How many years experience in contracting have you or your business had as a (a) prime contractor ____ and/or (b) sub-contractor ____?

6. List below the projects your business has completed within the last three years:

CONTRACTAMOUNT TYPE OF PROJECT

DATECOMPLETED

NAME, ADDRESS, AND TELEPHONE NO. OF OWNER/PERSON TO CONTACT FOR PROJECT INFORMATION

7. List below all of your firm’s contractual commitments running concurrently with the work contemplated by this solicitation:CONTRACT

NUMBERDOLLAR AMT.

OF AWARDNAME, ADDRESS, AND TELEPHONE NO. OF BUSINESS/GOVERNMENT AGENCY INVOLVED

AWARDED(Units)

PERCENTCOMPLETED

DATE CONTRACTCOMPLETED

8a. Have you ever failed to complete any work awarded to you? Yes No8b. Has work ever been completed by performance bond? Yes No8c. If “Yes” to either item 8a or 8b specify location(s) and reason(s) why:

Previous edition is obsolete (OVER) FS-6300-27 (3/00)



9. Organization and work that will be available for this project.

a. (1) Minimum number of employees: _____ and a(2) Maximum number of employees: ______ ? b. Are employees regularly on your payroll: Yes No c. Specify equipment available for this contract: __________________________________________________________________________ _______________________________________________________________________________________________________________ d. Estimate rate of progress below (such as 2.0 acres/man/day): (1) Minimum progress rate: ________________________________ and (2) maximum progress rate: ________________________________ 10. List below the experience of the principal individuals of your business:

INDIVIDUAL’S NAMEPRESENT POSITION

YEARSOF EXP. MAGNITUDE AND TYPE OF WORK

11. List all the equipment (including vehicles) you plan to use on this contract. Provide a detailed description of the Equipment including your maintenance plan.

12. Contractor Inspection. Describe Contractor Self Inspection Procedures which you will use to insure quality for this contract.

13. Remarks. Specify Box Numbers (Attach sheets if extra space is needed to fully answer any above question):

CERTIFICATION

I certify that all of the statements made by me are complete and correct to the best of my knowledge and that any person’s name as references are authorized to furnish the Forest Service with any information needed to verify my capability to perform this project.

12a. CERTIFYING OFFICIAL’S NAME AND TITLE

b. SIGNATURE (Sign in ink) 13. DATE