1202SA25R9501 Avionics Test Sets.pdf

Contract Number: 1202SA26T95xx Request for Proposal No. 1202SA25R9501 USDA/Forest Service SDR-Omni Avionics Flight Line Test Sets Washington Office

TABLE OF CONTENTS

OFFEROR’S COPY

Issuing Office:

National Interagency Fire Center USDA/Forest Service, Contracting Owyhee Building, MS 1100 3833 S. Development Ave Boise, ID 83705-5354

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

In accordance with the Federal Acquisition Regulation Part 52.203-13, Only vendors who are active in SAM.gov will be eligible for consideration of the award of the resultant contract.

PLEASE PROVIDE YOUR SAM.gov UNIQUE IDENTIFIER NUMBER FROM SAM.gov (ueiSAM Registration Number)

WITH YOUR PROPOSAL.

Offers Are Solicited For:

Acquire from three (3) to 20 new production SDR- Omni Avionics Flight Line Test Sets (Without GPS Simulator) Solicitation:

1202SA25R9501

IMPORTANT – NOTICE TO ALL PROSPECTIVE OFFERORS

This Request for Proposal (RFP) will result in a multi-year 5-year base Firm-Fixed Price single award Indefinite Delivery/Indefinite Quantity (IDIQ) contract to provide SDR-Omni Avionics Flight Line Test Sets (Without GPS Simulator) for US Forest Service owned aircraft. Please review each section in detail to ensure the required documentation is submitted. Quotes are due on September 11, 2025 @ 1:00 PM Mountain Time; however, offerors are encouraged to submit their quotes as soon as possible but before the due date. No facsimile (FAX) or hard copy mailed offers will be accepted.

REFERENCE SECTION E.2 - INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS FOR FURTHER INFORMATION:

The offeror shall submit the following items in response to this RFQ:

a. SF-1449, block 17a and blocks 30a-30c: Complete, date, and sign;

b. Fill in the appropriate information requested for Section B Schedule of Items.

c. Provide proposal in the format required by Section B.1 of this solicitation.

d. Provide your responses to Sections E.4 Instructions to Offerors.

e. Contact information for an individual with the authority to bind (C.9).

THE PROPOSAL PACKAGE SHALL BE SUBMITTED BY EMAIL ONLY IN THE FOLLOWING FORMAT (note: only attachments come through to the below inbox, information provided in the body of the email does not come through):

TO: SDR-Omni Avionics Flight Line Test Sets (Without GPS Simulator) by email to: Robert.Pfeil@usda.gov

Email Subject Line: Solicitation 1202SA25R9501 - Company Name - SDR-Omni Avionics Flight Line Test Sets (Without GPS Simulator) - Submittal Date

Mandatory Document Labeling: Company Name – SDR-Omni Avionics Flight Line Test Sets (Without GPS Simulator) – Business or Technical – Submittal Date

Offerors may contact Robert Pfeil, Contracting Officer, for information about this solicitation at Robert.Pfeil@usda.gov or (303) 818-2063.

NOTE: Ability to perform under this agreement is not allowable until written approval is received from the Contracting Officer.

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

“The policy of the United States Department of Agriculture Forest Service prohibits discrimination on the basis of race, color, national origin, age, religion, sex, disability, family status, and/or political affiliation.” Persons believing they have been discriminated against in any Forest Service related activity should write to: Chief, Forest Service, USDA, P.O. Box 96090, Washington, DC 20090-6090.

SECTION A - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

STANDARD FORM 1449

SECTION B - SCHEDULE OF ITEMS

B.1 SCHEDULE OF ITEMS

B.2 SERVICES REQUESTED

B.3 GENERAL REQUIREMENTS

C.1 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCT AND

COMMERCIAL SERVICES (NOV 2023)

C.2 ADDENDUM TO FAR 52.212-4 (G) INVOICES

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

1998) C.4 52.212-5 Contract Terms and Conditions Required To Implement Statutes or

Executive Orders—Commercial Products and Commercial Services (Jan 2025) 16

C.5 ORDERING (FAR 52.216-18) (AUG 2020)

C.6 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (AGAR 452.216-73) (FEB 1988)

C.7 ORDER LIMITATIONS (FAR 52.216-19) (OCT 1995)

C.8 INDEFINITE QUANTITY (52.216-22) (OCT 1995)

C.9 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (52.216-32) (SEP 2019) ... 27

C.10 EFFECTIVE PERIOD OF THE CONTRACT (AGAR 452.211-75) (FEB 1988)

C.11 INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE CONTRACT

C.12 52.212-4(g) INVOICES (ADDENDUM)

C.13 NOTICE OF CONTRACTOR PERFORMANCE ASSESSMENT REPORTING

SYSTEM

C.14 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

C.15 POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

C.16 GOVERNMENT-FURNISHED PROPERTY

C.17 TASK ORDERS/DELIVERY ORDERS (TO/DO)

C.18 MEASUREMENT AND PAYMENT

C.19 THIRD PARTY AGREEMENTS

C.20 DUTY-FREE ENTRY (FAR 52.225-8) (OCT 2010)

C.21 DUTY FREE ENTRY ADDENDUM

C.22 DATA, IMAGES AND VOICE RECORDINGS

C.23 AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6) (NOV 2020)

C.24 AGAR 452.204-70 MODIFICATION FOR CONTRACT CLOSEOUT

C.25 CANCELLATION UNDER MULTI-YEAR CONTRACTS (FAR 52.217-2)(OCT 1997) 35

D.1 SECTION D EXHIBITS

E.1 GENERAL INFORMATION

E.2 SIZE STANDARD AND NAICS CODE INFORMATION (AGAR 452.219-70) (SEP

2001)

E.3 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR 52.252-1)

(FEB 1998)

E.4 52.212-1 - INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)(TAILORED)

E.5 EVALUATION—COMMERCIAL ITEMS (FAR 52.212-2 NOV 2021)(TAILORED)

E.6 INQUIRIES (AGAR 452.204-70) (FEB 1988)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (MAY 2024)

E.9 AUTHORIZED DEVIATIONS IN PROVISIONS(FAR 52.252-5) (NOV 2020)

E.10 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(OCT 2018)

E.11 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-

REPRESENTATION AND CERTIFICATIONS (JUNE 2020)

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

02SA

BOISE ID 83705-5354

3833 S DEVELOPMENT AVE

INCIDENT PROCUREMENT AVIATION BRANC

CODE 16. ADMINISTERED BYCODE

X

X

488190

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR02SA

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

09/11/2025 1300 MT

08/28/2025

720-818-2063ROBERT PFEIL

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1202SA25R9501

5. SOLICITATION NUMBER

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

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

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

BOISE ID 83705-5354

3833 S DEVELOPMENT AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$40

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

INCIDENT PROCUREMENT AVIATION BRANC

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Acquire from three (3) to 20 new production SDR-Omni Avionics Flight Line Test Sets (Without GPS Simulator). The primary use will be for testing, troubleshooting, maintaining, accepting, and approving avionics systems on agency owned, contractor, and cooperator special mission aircraft.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

ROBERT W. PFEIL

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

Request for Proposal No. 1202SA25R9501 USDA/Forest Service

SECTION B

SCHEDULE OF ITEMS

B.1 SCHEDULE OF ITEMS

(a) This is a multi-year 5-year base, firm fixed price, indefinite-delivery/indefinite-quantity (ID/IQ) contract, to provide SDR-OMNI All in One Avionics Flight Line Test Sets (without GPS Simulator) specified herein, and effective for the period stated in the Schedule below. All task orders issued under this contract will also be firm fixed price.

(b) The resultant ID/IQ is contract is between the U.S. Department of Agriculture, Forest Service and the Contractor to provide SDR-OMNI All in One Avionics Flight Line Test Sets (without GPS Simulator) as identified herein that are to support the Forest Service owned aircraft used in support of wildland firefighting.

(c) The supplies and services authorized under this contract contain only those required to be obtained by, or available only from the Contractor who will provide manuals, tools, training, materials, engineering support, parts, and other supplies and services, as applicable as described herein in accordance with the terms and conditions and the offered schedule of items.

(d) The Government has interagency and cooperative agreements with other Federal and State entities and services and supplies authorized under this contract may be procured to support other interagency partners.

B.2 SERVICES REQUESTED

The USFS has a need to acquire three (3) to 20 new production SDR-Omni Avionics Flight Line Test Sets (Without GPS Simulator). The primary use will be for testing, troubleshooting, maintaining, accepting, and approving avionics systems on agency owned, contractor, and cooperator special mission aircraft. These aircraft have complex avionics and communications requirements to support firefighting, resource management, and disaster response. The Contractor shall provide the following services as ordered by the Government:

B.3 GENERAL REQUIREMENTS

All test sets throughout the term of this contract and all resultant task orders must be the same model, identically configured, and meet the following minimum capabilities.

(a) Operation from an integral rechargeable battery:

(1) Minimum 3 hours continuous use

(2) Minimum 8 hours typical use (20% duty cycle)

(b) Operation from AC power

(c) Flight line testing using antennas

(d) Direct connection to units under test

(e) Integral sunlight readable color display with at least a 16 square inch display area

(f) Entry of any valid frequency for units under test

(g) Units of Measure displayed in U.S. customary units

(h) Adjustment and display of RF units in dB and dBm

(i) Meet MIL-PRF-98800 Class 1 requirements for aircraft test equipment

(j) Test Set weight less than 7 pounds excluding case and external accessories

Request for Proposal No. 1202SA25R9501 USDA/Forest Service

(k) Minimum calibration interval of one year

(l) Perform industry standard avionics tests on the following aircraft systems and functions:

(1) Communications Radios

(i) Radio Types

a. AM Radios (118.000 to 136.975 MHz)

b. FM Radios (136.0000 to 173.9975 MHz)

(ii) Minimum Test Functions

a. Transmit Frequency

b. Transmit Modulation and Deviation

c. Transmit Power (required for direct connection only)

d. Receiver Sensitivity

i. Approximate 1 KHz sinewave modulation

ii. RF output level accuracy at test set antenna port no greater than

± 3 dB at -40 dBm

(2) 121.5 MHz and 406 MHz Emergency Locator Transmitters

(3) VOR

(4) Localizer

(5) Glideslope

(6) Marker Beacon

(7) TCAS I & II

(8) DME

(9) Transponder

(10) 1090ES and UAT ADS-B

(i) ADS-B Out with all tests required to show compliance with 14 CFR 91.227

(ii) ADS-B In traffic with simulated targets

(iii) ADS-B In FIS-B weather test for UAT systems

(11) Aircraft audio testing

(i) Headphone SINAD

(ii) Microphone Audio Signal Generator

(12) Antenna Systems and Coaxes

(i) Frequencies between 75 MHz and 1.6 GHz

(ii) VSWR including the ability to sweep between selected frequencies

(iii) COAX distance to fault

(iv) COAX insertion loss/cable loss

B.4 DELIVERABLES

Each test set delivery must include the following items:

(a) Test set calibrated within one month of delivery with certificate of calibration

(b) Hard sided travel case

(c) U.S. compatible power cords and adapters for charging and connected operation

Request for Proposal No. 1202SA25R9501 USDA/Forest Service

(d) All antennas and coaxes required for full functionality of the test set

(e) All accessories needed to perform tests identified in the Requirements section

(f) Operator manual

(g) Commercial warranty

B.5 Freight

(a) Freight costs will be coordinated with, and paid for by, the US Forest Service. Freight costs and delivery location will be identified on each task order as shipping locations will vary.

B.6 Government Points of Contact

(a) John Flemmer

Avionics Program Manager

(541) 508-8498 john.flemmer@usda.gov

(b) Levi Bryan Aviation Safety Inspector (Avionics)

(385) 320-9276 levi.bryan@usda.gov

B.7 Warranty The contractor shall provide a standard commercial warranty, equal to or greater than, that offered to their most favored customer on each item purchased under this contract.

Request for Proposal No. 1202SA25R9501 USDA/Forest Service

CLIN Description Estimated Quantity

Unit of Issue

Unit Price Extended Amount

Base Year – 09/01/2025 through 08/31/2026

SDR-Omni Avionics Flight

Line Test Sets (Without GPS Simulator)

(Guaranteed)

Additional quantities may be ordered at the discretion of the Forest

Service

Each $ $

Year 2 – 09/01/2026 through 08/31/2027

Simulator)

(Estimated)

Additional quantities may be ordered at the discretion of the Forest

Service

Each $ $

Year 3 – 09/01/2027 through 08/31/2028

Simulator)

(Estimated)

Additional quantities may be ordered at the discretion of the Forest

Service

Each $ $

Year 4 – 09/01/2028 through 08/31/2029

Simulator)

(Estimated)

Additional quantities may be ordered at the discretion of the Forest

Service

Each $ $

Year 5 – 09/01/2029 through 08/31/2030

Simulator)

TBD

(Estimated)

Additional quantities may be ordered at the discretion of the Forest

Service

Each $ $

Request for Proposal No. 1202SA25R9501 USDA/Forest Service

SECTION C

CONTRACT CLAUSES

C.1 C.1 52.212-4 - CONTRACT TERMS AND CONDITIONS -

COMMERCIAL PRODUCT AND COMMERCIAL SERVICES (NOV

2023)

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

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

and

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

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in

Request for Proposal No. 1202SA25R9501 USDA/Forest Service writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Request for Proposal No. 1202SA25R9501 USDA/Forest Service

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (

31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

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

(i) Payment.-

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

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

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

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

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

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

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

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

Request for Proposal No. 1202SA25R9501 USDA/Forest Service

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

(D) Contractor point of contact.

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

Contracting Officer.

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

(v) The interest charge shall be computed for the actual number of

Request for Proposal No. 1202SA25R9501 USDA/Forest Service calendar days involved beginning on the due date and ending on-

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

(B) The date of issuance of a Government check to the

Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

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

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

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

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

(k) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the

Request for Proposal No. 1202SA25R9501 USDA/Forest Service

Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

(q) Other compliances. The Contractor shall comply with all applicable

Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

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

chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

Request for Proposal No. 1202SA25R9501 USDA/Forest Service

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of clause)

C.2 ADDENDUM TO FAR 52.212-4 (G) INVOICES

Invoices in support of the US Forest Service shall be submitted to the following:

The Contractor must follow the instructions on how to register and submit invoices via the Department of Treasury’s Internet Payment Platform (IPP)

Request for Proposal No. 1202SA25R9501 USDA/Forest Service 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.

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

1998)

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

Federal Acquisition Regulation (FAR) Clauses:

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

Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452)

Deviations to clauses may be viewed at:

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

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011)

52.204-7 System for Award Management (OCT 2018)

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

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

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

52.245-1 Government Property (SEP 2021)

C.4 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jan 2025)

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

Request for Proposal No. 1202SA25R9501 USDA/Forest Service

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

(2)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3)52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5)52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

_x_ (1)52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

_x_ (2)52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) (41 U.S.C. 3509)).

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

_x_ (4)52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_x_ (5)52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6)[Reserved].

__ (7)52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

Request for Proposal No. 1202SA25R9501 USDA/Forest Service

__ (8)52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_x_ (9)52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10)52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC

2023) ( Pub. L. 115–390, title II).

__ (11)(i)52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC

2023) ( Pub. L. 115–390, title II).

__ (ii)Alternate I (DEC 2023) of 52.204-30.

_x_ (12)52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) ( 31 U.S.C. 6101 note).

_x_ (13)52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (14)[Reserved].

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

__ (16)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17)[Reserved]

__ (18)(i)52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

__ (19)(i)52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

__ (20)52.219-8, Utilization of Small Business Concerns (JAN 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21)(i)52.219-9, Small Business Subcontracting Plan (JAN 2025) ( 15 U.S.C. 637(d)(4)).

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

Request for Proposal No. 1202SA25R9501 USDA/Forest Service

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

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

__ (v)Alternate IV (JAN 2025) of 52.219-9.

__ (22)(i)52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii)Alternate I (MAR 2020) of 52.219-13.

__ (23)52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

__ (24)52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25)52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

__ (26)(i)52.219-28, Postaward Small Business Program Rerepresentation (JAN

2025) (15 U.S.C. 632(a)(2)).

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

__ (27)52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

__ (28)52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

__ (29)52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r)).

__ (30)52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15 U.S.C. 637(a)(17)).

_x_ (31)52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_x_ (32)52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025)( E.O.

13126).

__ (33)52.222-21, Prohibition of Segregated Facilities (APR 2015).

__ (34)(i)52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

Request for Proposal No. 1202SA25R9501 USDA/Forest Service

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

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

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

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

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

__ (38)52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

_x_ (39)(i)52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (40)52.222-54, Employment Eligibility Verification (JAN 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41)(i)52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (42)52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (43)52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (44)52.223-20, Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (45)52.223-21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (46)52.223-23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

Request for Proposal No. 1202SA25R9501 USDA/Forest Service

_x_ (48)(i)52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

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

__ (49)(i)52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii)Alternate I [Reserved].

__ (iii)Alternate II (JAN 2025) of 52.225-3.

__ (iv)Alternate III (FEB 2024) of 52.225-3.

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

_x_ (50)52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (51)52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

__ (54)52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV

2007) (42 U.S.C. 5150).

_x_ (55)52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY

2024) ( E.O. 13513).

_x_ (56)52.229-3, Federal, State, and Local Taxes (FEB 2013).

__ (57)52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (58)52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (59)52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

Request for Proposal No. 1202SA25R9501 USDA/Forest Service

_x_ (60)52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (61)52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (62)52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (63)52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

_x_ (64)52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub.

L. 118-31, 41 U.S.C. 3901 note prec.).

__ (65)52.242-5, Payments to Small Business Subcontractors (JAN

2017) (15 U.S.C. 637(d)(13)).

__ (66)(i)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii)Alternate II (NOV 2021) of 52.247-64.

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

__ (1)52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

__ (2)52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3)52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

Request for Proposal No. 1202SA25R9501 USDA/Forest Service

__ (7)52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN

2022).

__ (8)52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

__ (10)52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) ( 49 U.S.C. 40118(g)).

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

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

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

(3)As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1)Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i)52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) (41 U.S.C. 3509).

(ii)52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712).

(iii)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Request for Proposal No. 1202SA25R9501 USDA/Forest Service

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv)52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115- 91).

(v)52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(vii)(A)52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC

2023) ( Pub. L. 115–390, title II).

(B)Alternate I (DEC 2023) of 52.204–30.

(viii)52.219-8, Utilization of Small Business Concerns (JAN 2025) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

(xiv)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.

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

(xvi)(A)52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

Request for Proposal No. 1202SA25R9501 USDA/Forest Service

(xvii)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements…