RFP_Amendment 01_Preproposal Conf.pdf

OFFEROR’S COPY

(Ref. 48 CFR 1) Issuing Office:

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

This solicitation can be downloaded from the following Internet site:

https://sam.gov/ Offers Are Solicited For:

National Mobile Shower Facility Units – IDIQ - RFP

Solicitation No:

1202SC23R2200

Issued Date:

June 23, 2023

IMPORTANT – NOTICE TO OFFEROR

This solicitation will result in multiple award Indefinite Delivery Indefinite Quantity (IDIQ) contract(s) for the National Mobile Shower Facility Units. Please review each section in detail to ensure the required documentation is submitted.

Offers are due on July 24, 2023 @ 2:30 PM Mountain Time.

REFERENCE SECTION E.4 - INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES FURTHER INFORMATION:

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

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

b. Fill in the appropriate information requested for Section B.3 and B.4.

c. Provide a complete proposal in the format as required by Section E.4 of the solicitation.

d. Provide your responses to Exhibits A and B of the solicitation.

THE SOLICITATION PACKAGE SHALL BE SUBMITTED BY EMAIL IN THE FOLLOWING FORMAT:

Email to: 1202SC2.q9horaggef7ua7ab@u.box.com

Email Subject Line: Solicitation 1202SC23R2200-Company Name-MSFU-Submittal Date

Mandatory Document Labeling: Company Name_MSFU_Business or Technical_Submittal Date

Note* When sending proposal information, complete the subject line of the email and attach the document(s); nothing else is required. The attachment delivered to the Government. The Government will not see any text in the body of the email, only the attachment will be uploaded.

No facsimile (FAX) or hard copy mailed offers will be accepted.

Offerors may contact Amanda Somerville for information about this solicitation at Amanda.Somerville@usda.gov.

“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.

Previous editions of this form are obsolete. FS-6300-44 (11/79) https://sam.gov/ mailto:1202SC2.q9horaggef7ua7ab@u.box.com mailto:Amanda.Somerville@usda.gov

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

02SC

BOISE ID 83705-5354

3833 S DEVELOPMENT AVE

USDA-FS INCIDENT PROCUREMENT LOGIS

02SC CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR02SC

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/24/2023 1430 MT

06/23/2023

208-949-8517AMANDA SOMERVILLE

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1202SC23R2200

5. SOLICITATION NUMBER

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

1 124OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

BOISE ID 83705-5354

3833 S DEVELOPMENT AVE

USDA-FS INCIDENT PROCUREMENT LOGIS

15. DELIVER TO

BOISE ID 83705-5354

3833 S DEVELOPMENT AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$34.0

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS INCIDENT PROCUREMENT LOGIS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Minimum Order - Daily unit rate for one day Maximum Order - $7,500,000 Period of Performance: 01/01/2024 to 12/31/2028

0001 National Mobile Shower Facility Units Product/Service Code: F003 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST-RANGE FIRE

SUPPRESSION/PRESUPPRESSION

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED . 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)

AMANDA SOMERVILLE

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 12/31/2024

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

0002 National Mobile Shower Facility Units - OPTION

YEAR I

(Option Line Item)

Product/Service Code: F003

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST-RANGE FIRE

SUPPRESSION/PRESUPPRESSION

Delivery: 12/31/2025

Period of Performance: 01/01/2025 to 12/31/2025

0003 National Mobile Shower Facility Units - OPTION

YEAR II

(Option Line Item)

Product/Service Code: F003

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST-RANGE FIRE

SUPPRESSION/PRESUPPRESSION

Delivery: 12/31/2026

Period of Performance: 01/01/2026 to 12/31/2026

0004 National Mobile Shower Facility Units - OPTION

YEAR III

(Option Line Item)

Product/Service Code: F003

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 124

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

1202SC23R2200

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST-RANGE FIRE

SUPPRESSION/PRESUPPRESSION

Delivery: 12/31/2027

Period of Performance: 01/01/2027 to 12/31/2027

0005 National Mobile Shower Facility Units - OPTION

TEAR IV

(Option Line Item)

Product/Service Code: F003

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- FOREST-RANGE FIRE

SUPPRESSION/PRESUPPRESSION

Delivery: 12/31/2028

Period of Performance: 01/01/2028 to 12/31/2028

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

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation No. 1202SC23R2200 USDA Forest Service National Mobile Shower Facility Units National Office

SECTION B

GENERAL INFORMATION

SCHEDULE OF ITEMS

B.1 General Information The USDA Forest Service requires Mobile Shower Facility Unit (MSFU) services at various field locations during wildland fire, prescribed burn, all hazard, and other types of incidents throughout the contiguous western United States.

The total quantities purchased from 2019 through 2021 was approximately $28,126,303 for all MSFUs ordered through the National Interagency Coordination Center (NICC). The incident average duration was 18 days. On average each Contractor received 6 total dispatches per year.

These quantities are not a representation to an offeror or Contractor that the same quantities will be required or ordered, or that conditions affecting requirements will be normal or stable.

B.2 Designated Dispatch Points Contractor personnel and equipment will be physically located and available to perform services at the following locations; during the Mandatory Availability Period (MAP) specified.

Contractors may propose the same unit for multiple locations. Offerors may propose a large and/or small capacity unit at any of the Designated Dispatch Points (DDP) listed. All proposed addresses must be within a 75 mile radius from the DDPs listed.

STATE CITY RADIUS AVAILABILITY DATES

Arizona Flagstaff 75 miles April 01 – June 30

Phoenix 75 miles April 01 – June 30 Tucson 75 miles April 01 – June 30

California Corona 75 miles May 01 – November 15 Porterville 75 miles May 01 – November 15 Redding 75 miles May 01 – November 15 Sacramento 75 miles May 01 – November 15 Santa Barbara 75 miles May 01 – November 15

Colorado Grand Junction 75 miles May 01 – September 30 Idaho Boise 75 miles June 01 – October 15

Idaho Falls 75 miles June 01 – October 15 Montana Billings 75 miles June 15 – September 30

Butte 75 miles June 15 – September 30 Missoula 75 miles July 01 – September 30

Nevada Ely 75 miles June 01 – October 31 Las Vegas 75 miles May 01 – November 15 Reno 75 miles June 01 – October 31 Winnemucca 75 miles June 01 – October 31

New Mexico Albuquerque 75 miles April 01 – June 30 Oregon Bend 75 miles June 15 – September 30

Lakeview 75 miles June 15 – September 30 Medford 75 miles June 15 – September 30 Pendleton 75 miles June 15 – September 30

Utah Richfield 75 miles May 01 – September 30 Salt Lake City 75 miles June 01 – September 30

Washington Goldendale 75 miles June 15 – September 30 Okanogan 75 miles June 15 – September 30 Wenatchee 75 miles July 01 – September 30

Wyoming Cody 75 miles June 01 – September 30 Lander 75 miles June 01 – September 30

Solicitation No. 1202SC23R2200 USDA Forest Service National Mobile Shower Facility Units National Office

SECTION B

GENERAL INFORMATION

SCHEDULE OF ITEMS

B.3 Map of Designated Dispatch Points

Solicitation No. 1202SC23R2200 U.S. Forest Service

SECTION B

GENERAL INFORMATION

SCHEDULE OF ITEMS

B.4 PROPOSED MOBILE SHOWER FACILITIES UNIT

Note: Offerors are required to completely fill out a copy of this form for each Mobile Shower Facility Unit for each DDP location offered.

If you are proposing the same MSFU with the same prices for multiple DDPs, list all applicable DDPs below.

OFFEROR’S NAME: Designated Dispatch Point:

(See Section B.2 for DDPs to choose from. Attach a separate page if necessary for multiple DDPs).

Proposed address where the unit must be physically located, and dispatched from during the Mandatory Availability Period. (No P.O. Boxes Allowed).

Unit ID No.

Number of

Showerheads Water Vehicle

Capacity (Gallons) Equipment Type Unit Identification No. (UIN)

Male Female Shower Trailer Water Vehicle Tractor Wash Basins (Sinks) Other Other

Contract Year Mobile Shower Facility Unit Usage Price Per Day

(Including all peripheral support equipment) Water Vehicle – Intermittent Use

Price Per Hour Base Year (2024) $ $ Option Year 1 (2025) $ $ Option Year 2 (2026) $ $ Option Year 3 (2027) $ $ Option Year 4 (2028) $ $

Mobile Shower Facility Unit Mileage Rate to & From the Incident Price Per Mile

Water Vehicle – Mileage Price Per Mile

Base Year (2024) $ $

*Note: Mileage rates for Option Years 2025 through 2028 +6 months will be adjusted in accordance with Section C.29 Economic Price Adjustment Clause.

SECTION B

GENERAL INFORMATION

SCHEDULE OF ITEMS

B.5 MOBILE SHOWER FACILITY UNIT DESCRIPTION AND PRICES

Complete the Estimated Quantities Table below by inserting your unit prices from Section B.4 that correspond with each table. The Government will compute the Grand Total Evaluated Price for the base plus all option years using the estimated quantities stated below. These estimated quantities are for price evaluation purposes only. These quantities are not intended to be estimates for the purposes of AGAR 452.216-73. Due to the sporadic occurrence of incident activity, the Government does not guarantee the placement of any orders, other than the minimum stated. See Section E.5, Evaluation Factors for Award, for additional information. For contract award purposes, only the computed Grand Total Evaluated Price for the base plus all option years will be considered.

*Note: Mileage for the Mobile Shower Facility and the Transport Water Vehicle for the option periods will be determined in accordance with the EPA clause listed in C.29. Offerors are to quote the same mileage for the base and option periods.

*Note: The 6 month option to extend services will be evaluated at option year 4 (2028) unit prices and half of the estimated quantities listed in the table.

CLIN 001 – Mobile Shower Services

Service Description Unit of

Measure Base Year 2024

Unit Prices *Estimated

Quantity Total

Mobile Shower Facility Unit Usage Per Day $ 10 Days $

Mobile Shower Facility Unit Mileage to & From the Incident Per Mile $ 300 Miles $

Transport Water Vehicle Mileage Per Mile $ 30 Miles $

Transport Water Vehicle – Intermittent Use Per Hour $ 4 Hours $

Relocation Fee – (provide a price for unit relocation) Reference Section D.1.2(f)

Per Occurrence $ 1 relocation $

Total Price $

SECTION B

GENERAL INFORMATION

SCHEDULE OF ITEMS

CLIN 002– Mobile Shower Services – OPTION YEAR 1

Service Description Unit of

Measure Option Year 1

2025 Unit Prices *Estimated

Quantity Total

Mobile Shower Facility Unit Usage Per Day $ 10 Days $

Mobile Shower Facility Unit Mileage to & from the Incident Per Mile $ 300 Miles $

Transport Water Vehicle Mileage* Per Mile $ 30 Miles $

Transport Water Vehicle – Intermittent Use* Per Hour $ 4 Hours $

Relocation Fee – (provide a price for unit relocation) Reference Section D.1.2(f)

Per Occurrence $ 1 relocation $

Total Price $

CLIN 003– Mobile Shower Services – OPTION YEAR 2

Service Description Unit of

Measure Option Year 2

2026 Unit Prices *Estimated

Quantity Total

Mobile Shower Facility Unit Usage Per Day $ 10 Days $

Mobile Shower Facility Unit Mileage to & from the Incident Per Mile $ 300 Miles $

Transport Water Vehicle Mileage* Per Mile $ 30 Miles $

Transport Water Vehicle – Intermittent Use* Per Hour $ 4 Hours $

Relocation Fee – (provide a price for unit relocation) Reference Section D.1.2(f)

Per Occurrence $ 1 relocation $

SECTION B

GENERAL INFORMATION

SCHEDULE OF ITEMS

CLIN 004– Mobile Shower Services – OPTION YEAR 3

Service Description Unit of

Measure Option Year 3

2027 Unit Prices *Estimated

Quantity Total

Mobile Shower Facility Unit Usage Per Day $ 10 Days $

Mobile Shower Facility Unit Mileage to & from the Incident Per Mile $ 300 Miles $

Transport Water Vehicle Mileage* Per Mile $ 30 Miles $

Transport Water Vehicle – Intermittent Use* Per Hour $ 4 Hours $

Relocation Fee – (provide a price for unit relocation) Reference Section D.1.2(f)

Per Occurrence $ 1 relocation $

Total Price $

CLIN 005– Mobile Shower Services – OPTION YEAR 4

Service Description Unit of

Measure Option Year 4

2028 Unit Prices *Estimated

Quantity Total

Mobile Shower Facility Unit Usage Per Day $ 10 Days $

Mobile Shower Facility Unit Mileage to & from the Incident Per Mile $ 300 Miles $

Transport Water Vehicle Mileage* Per Mile $ 30 Miles $

Transport Water Vehicle – Intermittent Use* Per Hour $ 4 Hours $

Relocation Fee – (provide a price for unit relocation) Reference Section D.1.2(f)

Per Occurrence $ 1 relocation $

Grand Total Price (Total of Base and All Option Years) $

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

https://www.acquisition.gov/agar

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.203-3 Gratuities. (APR 1984)

52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights. (JUN 2020) (DEVIATION 2017-1).

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)

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

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

52.228-5 Insurance – Work on a Government Installation. (JAN 1997)

52.232-19 Availability of Funds for Next Fiscal Year. (APR 1984)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

52.242-15 Stop-Work Order. (AUG 1989)

52.246-4 Inspection of Services – Fixed-Price. (AUG 1996)

C.2 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services. (DEC 2022) (DEVIATION 2017-1)

C.3 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services. (JUN 2023) (DEVIATION 2017- 1, DEVIATION APR 2020, and DEVIATION DEC 2022)

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

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

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar

Solicitation No. 1202SC23R2200 USDA Forest Service National Mobile Shower Facility Units National Office

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115- 91).

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

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

(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:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.

3509)).

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

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

(5) [Reserved].

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

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

(8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

Solicitation No. 1202SC23R2200 USDA Forest Service National Mobile Shower Facility Units National Office

(9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

(10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(11) [Reserved].

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

(13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(14) [Reserved]

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

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

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

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

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

(18) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

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

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

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

(v) Alternate IV (Sep 2021) of 52.219-9.

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

(ii) Alternate I (Mar 2020) of 52.219-13.

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

(21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

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

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

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

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

(24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

Solicitation No. 1202SC23R2200 USDA Forest Service National Mobile Shower Facility Units National Office

(25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C.

637(m)).

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

644(r)).

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

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

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

13126).

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

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

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

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

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

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

793).

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

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

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

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

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

(37) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

(39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

Solicitation No. 1202SC23R2200 USDA Forest Service National Mobile Shower Facility Units National Office

(40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

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

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

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

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

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

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

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

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

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

(47) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

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

(ii) Alternate I (Oct 2022) of 52.225-1.

(50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I [Reserved].

(iii) Alternate II (Dec 2022) of 52.225-3.

(iv) Alternate III (Jan 2021) of 52.225-3.

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

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

(52) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

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U.S.C. Subtitle A, Part V, Subpart G Note).

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

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

(56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

(57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

(59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

(60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

(iii) Alternate II (Nov 2021) of 52.247-64.

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

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

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

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( 29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.

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This statement is for information only: It is not a Wage Determination

Employee Class Monetary Wage/Fringe Benefits Laborer $16.68 Truckdriver, Light $18.66 Truckdriver, Medium $20.81 Truckdriver, Heavy $23.12 Truckdriver, Tractor-Trailer $25.60

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

chapter 67).

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

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

chapter 67).

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

(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

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

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

1792).

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.

3509).

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

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(vi) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

793).

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

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

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

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

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

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

(Jan 2022).

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

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

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

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar

2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

C.4 52.216-18 Ordering. (AUG 2020)

Solicitation No. 1202SC23R2200 USDA Forest Service National Mobile Shower Facility Units National Office

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from January 1, 2024, through December 31, 2028.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

C.5 52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $7.5 million;

(2) Any order for a combination of items in excess of $7.5 million; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Withstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 1 day after issuance, with written notice stating the Contractor’s intent not

Solicitation No. 1202SC23R2200 USDA Forest Service National Mobile Shower Facility Units National Office to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

C.6 52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after December 31, 2028.

C.7 52.216-32 Task-Order and Delivery-Order Ombudsman. (SEP 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Chief, Procurement and Policy Branch Alfort Belin – Alfort.belin@usda.gov 707-562-9107

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(d) Contracts used by multiple agencies.

(1) This is a contract that is used by multiple agencies. Complaints from Contractors concerning orders placed under contracts used by multiple agencies are primarily reviewed by the task-order and delivery-order Ombudsman for the ordering activity.

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(2) The ordering activity has designated the following task-order and delivery-order

Ombudsman for this order:

Chief, Procurement and Policy Branch

Alfort Belin – Alfort.belin@usda.gov 707-562-9107

(3) Before consulting with the task-order and delivery-order Ombudsman for the ordering activity, the Contractor is encouraged to first address complaints with the ordering activity's Contracting Officer for resolution. When requested by the Contractor, the task order and delivery-order Ombudsman for the ordering activity may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

C.8 52.217-8 Option to Extend Services. (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

C.9 52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

C.10 52.236-7 Permits and Responsibilities. (NOV 1991) The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occurs as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work, which may have been accepted under the contract.

C.11 52.252-6 Authorized Deviations in Clauses (NOV 2020)

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

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The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

C.12 AGAR 452.211-74 Period of Performance. (FEB 1988) The base period of performance of this contract is from January 1, 2024, through December 31, 2024 with four (4) 1-year option periods. The estimated ultimate completion date is December 31, 2028.

January 1, 2025 – December 31, 2025, if option year 1 is exercised.

January 1, 2026 – December 31, 2026, if option year 2 is exercised.

January 1, 2027 – December 31, 2027, if option year 3 is exercised.

January 1, 2028 – December 31, 2028, if option year 4 is exercised.

C.13 AGAR 452.215-73 Post Award Conference. (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 90 days after the date of contract award. The conference will be held at a location to be determined; a virtual post award conference is possible.

C.14 AGAR 452.216-73 Minimum and Maximum Contract Amounts. (FEB 1988) During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of the daily unit rate for one day, but not in excess of $50,000,000.

C.15 AGAR 452.216-74 Ceiling Price. (FEB 1988) The ceiling price of this contract is $50,000,000. The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

C.16 AGAR 452.228-71 Insurance Coverage. (NOV 1996) Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

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Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance.

Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

C.17 AGAR 452.236-72 Use of Premises. (NOV 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

Note: Written permission is given by the Contracting Officer any time a Contractor is ordered by Resource Order or BPA Call in accordance with this clause.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State, and local regulations.

C.18 AGAR 452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Manager, Truck Driver, and Operator. Key personnel can be combined; for example, a Manager can also be a Truck Driver or Operator; an Operator can also be a Truck Driver.