1202SC24RFI0002 (final)_7.23.24.pdf

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

CODE 16. ADMINISTERED BYCODE

X

X

X

722310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR02SC

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

1700 ED(703) 431-6656DANA PRICE

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION 5. SOLICITATION NUMBER

1202SC24RFI0002

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

1 ###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

$47

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)

USDA-FS INCIDENT PROCUREMENT LOGIS

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.

***REQUEST FOR INFORMATION (RFI) 1202SC24RFI0002

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

DANA L. PRICE

. 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

Solicitation No. 1202SC24RFI0002 U.S. Forest Service National Mobile Food Services National Office

B. SOLICITATION CONTINUATION PAGES

This solicitation for National Mobile Food Service Unit (MFSU) support will result in commercial, performance based, multiple-award, Indefinite Delivery-Indefinite Quantity (IDIQ) contracts with fixed-price Contract Line-Item Numbers (CLIN) for meal services. The one-time minimum guarantee for each contract awarded will be $5,000.00. The contractor shall provide all necessary resources to provide MFSU services in accordance with the solicitation, as authorized through issuance of Task Orders (TO).

The services of this Request for Proposals (RFP) are being acquired under the authority of Federal Acquisition Regulations (FAR), Part 12, Acquisition of Commercial Products and Commercial Services in conjunction with FAR Part 15, Contracting by Negotiation. The effective period of the resultant contract(s) will be from date of contract award through March 31, 2026. At the Government’s option, the contract(s) may be renewed for additional one-year periods, not to exceed four renewal periods (5-year maximum potential contract plus an additional six months if Option to Extend Services FAR 52.217-8 is exercised). Please note, pricing for Option Year 4 will be evaluated and utilized for the additional 6 months of performance if FAR 52.217-8 Option to Extend Services is exercised.

B.1 General Information

(a) Estimating the total overall contract quantity is difficult. To date the total quantities purchased for all mobile food services ordered through the National Interagency Coordination Center (NICC) from 2019 through 2023 was $413,010,514.86.

(b) The National Mobile Food Services acquisitions is 100% set-aside for small business concerns. See size standards in E. Solicitation Provisions.

(c) The following table provides the historical National Mobile Food Services orders by Geographical Area Coordination Center (GACC). The number of orders filled in each GACC represents the ordering activity level.

2019 2020 2021 2022 2023 5-Yr Avg 5-Yr High Geographic Area Coordination Center

Orders Filled

Orders Filled

Orders Filled

Orders Filled

Orders Filled

Orders Filled

Orders Filled

Great Basin 10 0 13 16 5 8.8 16 Northern California 9 24 27 7 11 15.6 27 Northern Rockies 4 7 41 10 11 14.6 41 Northwest 7 31 10 13 19 16.0 31 Rocky Mountain 6 12 0 9 4 6.2 12 Southern California 4 15 17 5 2 8.6 17 Southwest 7 16 0 20 14 11.4 20 Totals 47 105 121 81 66

THIS SECTION INTENTIONALLY LEFT BLANK (continues)

(d) The following graphic shows the locations of the GACCs.

(e) The Government is required to place Mobile Food Services orders for, and the Contractor to furnish, at least the stated minimum quantity identified in C.9 Minimum and Maximum Contract Amounts. If ordered, the Contractor must furnish any additional quantities required, not to exceed the stated maximum. The minimum and maximum quantity may include any combination of assignments for fire or emergency support. Determination of quantities ordered by the Government and delivered by the Contractor will be based on the cumulative orders accepted during the base period and each potential option period. (See Sections C.13 and C.14 FAR 52.217-8 Option to Extend Services and FAR 52.217-9 Option to Extend the Term of the Contract).

(f) Offerors shall complete Section B.5 Schedule of Items – MFSU Item Details and Schedule of Prices below for all five (5) years for all equipment and services they propose to offer. At a minimum, Offerors must provide at least one complete MFSU system and meet minimum capability requirements. The Total Estimated Quantities are for evaluation purposes only.

(g) Some charges will be credited on a price reimbursable basis. In addition, the contractor may provide optional temporary refrigeration storage space, supplemental tents and seating, and supplemental foods and beverages. These are optional items the contractor is not required to provide, nor is the Government required to order. The prices proposed for these optional items will be evaluated for price reasonableness. Optional items will not be included in the total evaluated price specified in Section E.4.

(h) Each awardee is guaranteed order(s) equal to the amount of $5,000.00 during the life of the contract.

In order to have a binding Indefinite Delivery Indefinite Quantity (IDIQ) type contract, the contract must require the Government to order and the Contractor to furnish at least a stated minimum quantity of services in accordance with FAR 16.504.

(i) The Offeror shall provide 24-hour contact information.

(j) After award of an IDIQ contract, IDIQ Contractors will be provided fair opportunity to compete for Mobile Food Service Unit (MFSU) Task Order(s) (TO) for any or all of the 30 National IDIQ Designated Dispatch Points (DDPs) for which they wish to be considered..

B.2 National IDIQ Designated Dispatch Points (DDP)

The physical home location of the National IDIQ MFSU will be considered the Designated Dispatch Point (DDP) for the Offeror’s personnel and equipment. Wildland fire and other types of incidents occur in the contiguous western United States; IDIQs will be established with MFSUs located in these areas.

(a) Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming

B.3 Mobile Food Service Unit (MFSU)

Offerors are required to completely fill out a copy of Section B.5 Schedule of Items – MFSU Item Details and Schedule of Prices for each MFSU offered for the base year and all option years.

After award of an IDIQ contract, Contractors proposing on task order(s) for a DDP with the same price for multiple DDPs shall submit the pricing information on one set of forms only. List all DDP’s for which the same price applies.

THIS SECTION INTENTIONALLY LEFT BLANK (continues)

B.4 National MFSU Unit Summary

B.5 Schedule of Items is a hard-copy view of the electronic form that must be completed.

The Schedule of Items will populate the National Unit Summary for award. B.4 will go into the award; B.5 is for solicitation purposes only.

Contractor’s Contact Information Contract Number Key Personnel

Designated Dispatch Points (DDPs) Mandatory Availability Dates (MAP)

Kitchen Unit

Max. Meals/ Period DPL Acceptance

Meal Type

Rate per Meal

Anytime Food, Inc.

1234 Anywhere Street City, ST 12345

POC: .

p:

e:

Handwashing Unit #-sinks:

$ ___.__ /day

Mileage Rate:

$ ____.__ /mile

Relocation Fee:

Optional Refrigeration Storage Space Rate: $ ___.__ /day

Additional Tents and Seating Rate 60-persons: $ ___.__ /day

1202SC24T25xx

MFS Unit Manager:

Kitchen Manager:

Assistant Kitchen Manager:

Supervisor Cook:

DDP City, ST 03/01 – 11/15 [Physical Address]

AFI-01

DPL < 250-meals

Breakfast

Cold Can Breakfast Sack Lunch

.Dinner

Kitchen Unit Equipment Type and Unit ID No. Other Equipment Types and Unit ID No.

Kitchen Trailer – Sandwich Prep Trailer -

AFI-01 Refrigeration Trailer – Shift Provisions/Sack Luch Assembly Trailer – Handwashing Unit – Salad Bar Trailer (if applicable) –

NOTICE: Information contained in this Unit Summary is considered Sensitive Proprietary information that must be safeguarded from unauthorized disclosure and is not to be disclosed or distributed to anyone other than Authorized Government Representatives, and then, solely for the purpose of facilitating the performance of their Official Duties with respect to these contracts.

NATIONAL MFSU UNIT SUMMARY – CONTINUED

SUPPLEMENTAL FOODS AND BEVERAGES, REFRIGERATION STORAGE SPACE

AND TENTS/SEATING

(OPTIONAL, See C.8 (h),(i),(j))

Contractor: Anytime Food, Inc.

Supplemental Item Unit Unit Price

Beverages

Bottled Sports Type Drink, i.e. Gatorade, Powerade, etc. ounce -

Brewed Coffee (outside of incident dining area) gallon -

Hot Chocolate (outside of incident dining area) gallon -

Tea, Iced or Hot (outside of incident dining area) gallon -

Bottled Water (commercially available) ounce -

Other Food Items

Ice pound -

Ground Coffee pound -

Sandwiches – meat each -

Sandwiches – non-meat each -

Soup gallon -

Temporary Refrigeration Storage Space and Additional Tents/Seating

Temporary Refrigeration Storage Space /per linear foot linear foot /day -

Supplemental Tents & Seating Rate /per 60 Persons rate/ day -

Note: Other items not specifically listed and priced above may not be negotiated on site by the Food Unit Leader.

(See C.15 (e)(5) and (f))

NOTICE: Information contained in this Unit Summary is considered Sensitive Proprietary information that must be safeguarded from unauthorized disclosure and is not to be disclosed or distributed to anyone other than Authorized Government Representatives, and then, solely for the purpose of facilitating the performance of their Official Duties with respect to these contracts.

B.6 Schedule of Items is a hard-copy view of the electronic form that must be completed.

It will populate the B.5 Unit Summary for award.

B.5 Schedule of Items – National MFSU Item Detail & Price Schedule

B.5 Schedule of Items is a hard-copy view of the electronic form that must be completed

The Schedule of Items will populate B.4 Unit Summary for award.

SCHEDULE OF ITEMS – NATIONAL MFSU ITEM DETAILS & PRICE SCHEDULE

complete a separate Schedule of Items and MFSU Number for each MFSU offered

A Contract Line-Item Number (CLIN) will be established for each National MFSU included in the IDIQ.

Complete the MFSU details (d), equipment details (e) and provide 2025-30 pricing (f) below for each unit you have to offer for the National MFSU IDIQ.

(a) Company Name: _____________________________________________________

POC: ____________________________ Phone: ________________ Email: _____________________

(b) National MFSU Number (Kit-01 / Unit-1 / K-727 / etc.) [unique ID number]: ______________

(c) 24-Hour Contact Telephone Number for Dispatch (if different than Company POC)

POC: ____________________________ Phone: ________________ Email: _____________________

(d) MFSU details:

MFS Unit Manager: _____________________________ Phone: ________________ ServSafe® Food Manager Certificate submitted ____

Kitchen Manager: _____________________________ Phone: ________________ ServSafe® Food Manager Certificate submitted ____

Alternate Kitchen Manager: ____________________________ Phone: ________________ ServSafe® Food Manager Certificate submitted ____

Supervisor Cook: ____________________________ ServSafe® Food Manager Certificate submitted ____

Maximum Number of Breakfasts per Meal Period _____ /period Maximum Number of Lunches per Meal Period _____ /period Maximum Number of Dinners per Meal Period _____ /period

(e) MFSU equipment details:

EQUIPMENT TYPE VIN ID NUMBER (K01/R22/etc) All equipment (trailers, refers, etc.) comprising the “MFSU” must have VINs and IDs and listed here Kitchen Trailer Refrigeration/Freezer Trailer Handwash Unit Sandwich Prep Trailer Shift Provisions/Sack Luch Assembly Trailer

Salad Bar Trailer

(f) MFSU 2025-2030 Unit pricing:

CLIN 0001 - MFSU (Base Year – Date of Award – February 28, 2026)

SUB

ITEM ITEM DESCRIPTION UNIT OF

MEASURE

PRICE PER

UNIT

TOTAL

ESTIMATED

QUANTITIES

TOTAL

EVALUATED

AMOUNT

101 Hand Washing Unit Rate Day $ 10 $

102 Mileage Rate Mile $ 600 $

103 Breakfast Rate Meal $ 5,000 $

104 Cold Can Breakfast Rate Meal $ 500 $

105 Sack Lunch Rate Meal $ 7,000 $

106 Dinner Rate Meal $ 5,000 $

Total Evaluated Value $

107 Relocation Fee (only for in-incident moves) Move $ 1 $

SUPPLEMENTAL ITEMS

Fill out the prices for the following optional Supplemental Items that your company may wish to supply. Supplemental Item prices offered will not be included in the Total Evaluated Price calculation specified in Section E.4. Supplemental Item prices that are determined fair and reasonable will be incorporated into awarded contracts.

SUB

ITEM ITEM DESCRIPTION UNIT OF

MEASURE

PRICE PER

UNIT

TOTAL

ESTIMATED

QUANTITIES

TOTAL

AMOUNT

110 Bottled Sports Type Drink, i.e. Gatorade, etc. Ounce $ 19,200 $

111 Brewed Coffee (outside incident dining area) Gallon $ 80 $

112 Hot Chocolate (outside incident dining area) Gallon $ 1 $

113 Tea, Iced or Hot (outside incident dining area) Gallon $ 1 $

114 Bottled Water (commercially available) Ounce $ 38,400 $

115 Ice Pound $ 500 $

116 Ground Coffee Pound $ 10 $

117 Sandwiches – meat Each $ 250 $

118 Sandwiches – non-meat Each $ 100 $

119 Soup Gallon $ 1 $

120 Temporary Refrigeration (1 linear foot) Day $ 4 $

121 Additional Tents & Seating 60 people/ day $ 10 $

Note: The prices proposed on this form shall apply to the specific MFSU designated above. The Total Estimated Quantities are hypothetical quantities to be used for evaluation purposes only (See Section E.4 Evaluation Factors for Award, for additional information).

CLIN 0002 - MFSU (Option Year 1 - March 1, 2026 – February 28, 2027)

ITEM ITEM DESCRIPTION UNIT OF

MEASURE

PRICE PER

UNIT

TOTAL

ESTIMATED

QUANTITIES

TOTAL

EVALUATED

AMOUNT

201 Hand Washing Unit Rate Day $ 10 $

202 Mileage Rate Mile $ - - $

203 Breakfast Rate Meal $ 5,000 $

204 Cold Can Breakfast Rate Meal $ 500 $

205 Sack Lunch Rate Meal $ 7,000 $

206 Dinner Rate Meal $ 5,000 $

Total Evaluated Value $

207 Relocation Fee (only for in-incident moves) Move $ 1 $

SUPPLEMENTAL ITEMS

Fill out the prices for the following optional Supplemental Items that your company may wish to supply. Supplemental Item prices offered will not be included in the Total Evaluated Price calculation specified in Section E.4. Supplemental Item prices that are determined fair and reasonable will be incorporated into awarded contracts.

SUB

ITEM ITEM DESCRIPTION UNIT OF

MEASURE

PRICE PER

UNIT

TOTAL

ESTIMATED

QUANTITIES

TOTAL

EVALUATED

AMOUNT

210 Bottled Sports Type Drink, i.e. Gatorade, etc. Ounce $ 19,200 $

211 Brewed Coffee (outside incident dining area) Gallon $ 80 $

212 Hot Chocolate (outside incident dining area) Gallon $ 1 $

213 Tea, Iced or Hot (outside incident dining area) Gallon $ 1 $

214 Bottled Water (commercially available) Ounce $ 38,400 $

215 Ice Pound $ 500 $

216 Ground Coffee Pound $ 10 $

217 Sandwiches – meat Each $ 250 $

218 Sandwiches – non-meat Each $ 100 $

219 Soup Gallon $ 1 $

220 Temporary Refrigeration (1 linear foot) Day $ 4 $

221 Additional Tents & Seating 60 people/ day $ 10 $

Note: The prices proposed on this form shall apply to the specific MFSU designated above. The Total Estimated Quantities are hypothetical quantities to be used for evaluation purposes only (See Section E.4 Evaluation Factors

CLIN 0003 - MFSU (Option Year 2 - March 1, 2027 – February 29, 2028)

ITEM ITEM DESCRIPTION UNIT OF

MEASURE

PRICE PER

UNIT

TOTAL

ESTIMATED

QUANTITIES

TOTAL

EVALUATED

AMOUNT

301 Hand Washing Unit Rate Day $ 10 $

302 Mileage Rate Mile $ - - $

303 Breakfast Rate Meal $ 5,000 $

304 Cold Can Breakfast Rate Meal $ 500 $

305 Sack Lunch Rate Meal $ 7,000 $

306 Dinner Rate Meal $ 5,000 $

Total Evaluated Value $

307 Relocation Fee (only for in-incident moves) Move $ 1 $

SUPPLEMENTAL ITEMS

Fill out the prices for the following optional Supplemental Items that your company may wish to supply. Supplemental Item prices offered will not be included in the Total Evaluated Price calculation specified in Section E.4. Supplemental Item prices that are determined fair and reasonable will be incorporated into awarded contracts.

SUB

ITEM ITEM DESCRIPTION UNIT OF

MEASURE

PRICE PER

UNIT

TOTAL

ESTIMATED

QUANTITIES

TOTAL

EVALUATED

AMOUNT

310 Bottled Sports Type Drink, i.e. Gatorade, etc. Ounce $ 19,200 $

311 Brewed Coffee (outside incident dining area) Gallon $ 80 $

312 Hot Chocolate (outside incident dining area) Gallon $ 1 $

313 Tea, Iced or Hot (outside incident dining area) Gallon $ 1 $

314 Bottled Water (commercially available) Ounce $ 38,400 $

315 Ice Pound $ 500 $

316 Ground Coffee Pound $ 10 $

317 Sandwiches – meat Each $ 250 $

318 Sandwiches – non-meat Each $ 100 $

319 Soup Gallon $ 1 $

320 Temporary Refrigeration (1 linear foot) Day $ 4 $

321 Additional Tents & Seating 60 people/

Note: The prices proposed on this form shall apply to the specific MFSU designated above. The Total Estimated Quantities are hypothetical quantities to be used for evaluation purposes only (See Section E.4 Evaluation Factors

CLIN 0004 - MFSU (Option Year 3 - March 1, 2028 – February 28, 2029)

ITEM ITEM DESCRIPTION UNIT OF

MEASURE

PRICE PER

UNIT

TOTAL

ESTIMATED

QUANTITIES

TOTAL

EVALUATED

AMOUNT

401 Hand Washing Unit Rate Day $ 10 $

402 Mileage Rate Mile $ - - $

403 Breakfast Rate Meal $ 5,000 $

404 Cold Can Breakfast Rate Meal $ 500 $

405 Sack Lunch Rate Meal $ 7,000 $

406 Dinner Rate Meal $ 5,000 $

Total Evaluated Value $

407 Relocation Fee (only for in-incident moves) Move $ 1 $

SUPPLEMENTAL ITEMS

Fill out the prices for the following optional Supplemental Items that your company may wish to supply. Supplemental Item prices offered will not be included in the Total Evaluated Price calculation specified in Section E.4. Supplemental Item prices that are determined fair and reasonable will be incorporated into awarded contracts.

SUB

ITEM ITEM DESCRIPTION UNIT OF

MEASURE

PRICE PER

UNIT

TOTAL

ESTIMATED

QUANTITIES

TOTAL

EVALUATED

AMOUNT

410 Bottled Sports Type Drink, i.e. Gatorade, etc. Ounce $ 19,200 $

411 Brewed Coffee (outside incident dining area) Gallon $ 80 $

412 Hot Chocolate (outside incident dining area) Gallon $ 1 $

413 Tea, Iced or Hot (outside incident dining area) Gallon $ 1 $

414 Bottled Water (commercially available) Ounce $ 38,400 $

415 Ice Pound $ 500 $

416 Ground Coffee Pound $ 10 $

417 Sandwiches – meat Each $ 250 $

418 Sandwiches – non-meat Each $ 100 $

419 Soup Gallon $ 1 $

420 Temporary Refrigeration (1 linear foot) Day $ 4 $

421 Additional Tents & Seating 60 people/

Note: The prices proposed on this form shall apply to the specific MFSU designated above. The Total Estimated Quantities are hypothetical quantities to be used for evaluation purposes only (See Section E.4 Evaluation Factors

CLIN 0005 - MFSU (Option Year 4 - March 1, 2029 – February 28, 2030)

ITEM ITEM DESCRIPTION UNIT OF

MEASURE

PRICE PER

UNIT

TOTAL

ESTIMATED

QUANTITIES

TOTAL

EVALUATED

AMOUNT

501 Hand Washing Unit Rate Day $ 10 $

502 Mileage Rate Mile $ - - $

503 Breakfast Rate Meal $ 5,000 $

504 Cold Can Breakfast Rate Meal $ 500 $

505 Sack Lunch Rate Meal $ 7,000 $

506 Dinner Rate Meal $ 5,000 $

Total Evaluated Value $

507 Relocation Fee (only for in-incident moves) Move $ 1 $

SUPPLEMENTAL ITEMS

Fill out the prices for the following optional Supplemental Items that your company may wish to supply. Supplemental Item prices offered will not be included in the Total Evaluated Price calculation specified in Section E.4. Supplemental Item prices that are determined fair and reasonable will be incorporated into awarded contracts.

SUB

ITEM ITEM DESCRIPTION UNIT OF

MEASURE

PRICE PER

UNIT

TOTAL

ESTIMATED

QUANTITIES

TOTAL

EVALUATED

AMOUNT

510 Bottled Sports Type Drink, i.e. Gatorade, etc. Ounce $ 19,200 $

511 Brewed Coffee (outside incident dining area) Gallon $ 80 $

512 Hot Chocolate (outside incident dining area) Gallon $ 1 $

513 Tea, Iced or Hot (outside incident dining area) Gallon $ 1 $

514 Bottled Water (commercially available) Ounce $ 38,400 $

515 Ice Pound $ 500 $

516 Ground Coffee Pound $ 10 $

517 Sandwiches – meat Each $ 250 $

518 Sandwiches – non-meat Each $ 100 $

519 Soup Gallon $ 1 $

520 Temporary Refrigeration (1 linear foot) Day $ 4 $

521 Additional Tents & Seating 60 people/

Note: The prices proposed on this form shall apply to the specific MFSU designated above. The Total Estimated Quantities are hypothetical quantities to be used for evaluation purposes only (See Section E.4 Evaluation Factors

Caring for the Land and Serving People 6

C. CONTRACT CLAUSES – NATIONAL MFSU IDIQ TERMS AND CONDITIONS

T&C FAR Clauses are not current and are illustrative for the most part. They will be updated at time of solicitation. The terms and conditions of Solicitation 1202SC24RFI2100 shall be incorporated into any resultant contract; these terms and conditions shall be incorporated by reference into any subsequent Task Order.

C.1 Federal Acquisition Regulation (FAR) - Clauses Incorporated by Reference (IBR) & Authorized Deviations

C.1.1 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):

FAR: https://www.acquisition.gov/far AGAR: https://www.acquisition.gov/agar

Table I: Applicable Federal Acquisition Regulation (FAR) Clauses – Incorporated by Reference

FAR Cite Title Date

52.203-3 Gratuities Apr 1984 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.212-4 Contract Terms & Conditions—Commercial Products and Commercial Services Nov 2023 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts May 2024 52.228-5 Insurance – Work on a Government Installation Jan 1997 52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr 1984

52.242-15 Stop-Work Oder Aug 1989 52.245-1 Government Property, Alt. 1 Sep 2021

(End of clause)

C.1.2 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.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulations (48 CFR

Chapter 4) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

The full text of a deviation may be accessed electronically at this/these address(es):

FAR: https://usdagcc.sharepoint.com/far AGAR: https://usdagcc.sharepoint.com/agar

(End of clause) https://www.acquisition.gov/far https://www.acquisition.gov/agar https://usdagcc.sharepoint.com/FAR%20Deviations https://usdagcc.sharepoint.com/sites/USDAAcquisitionWorkforce/Shared%20Documents/Forms/AllItems.aspx?newTargetListUrl=%2Fsites%2FUSDAAcquisitionWorkforce%2FShared%20Documents&viewpath=%2Fsites%2FUSDAAcquisitionWorkforce%2FShared%20Documents%2FForms%2FAllItems%2Easpx&id=%2Fsites%2FUSDAAcquisitionWorkforce%2FShared%20Documents%2FProcurement%20Policy%20Templates%2FOCP%20PPD%2FPolicy%20and%20Regulations%2FAGAR%20Class%20Deviations&viewid=9aeee97d%2D3da2%2D4106%2Dbcff%2Dfce647be820c

Caring for the Land and Serving People 7

C.2 Addenda to FAR 52.212-4 Contract Terms & Conditions--Commercial Products and Commercial Services

(g) Invoice. (1) In accordance with FAR 13.303-3 (a)(6)(iii) and Custom Clause #1, when billing procedures provide for an individual invoice for each delivery, these invoices shall be accumulated, provided that-

(i) A consolidated payment will be made for each specified period; and

(ii) The period of any discounts will commence on the final date of the billing period or on the date of receipt of invoices for all deliveries accepted during the billing period, whichever is later

(2) Daily invoices shall be accumulated and submitted for payment at regular intervals. These intervals are at a minimum of 7 days but should not exceed 14 days. LEND-LEASE Daily invoices shall be accumulated and submitted for payment at a minimum of 3 days but should not exceed 7 days. Please contact the Contracting Officer to determine any other intervals for submitting invoices.

(i) The contractor shall utilize the provided blank Daily sheets (D1-D14) (D.5 Exhibit 5B – Daily Sheet(s)) to input the signed DAILY MEAL ORDER/INVOICE – MOBILE FOOD SERVICES (D.5 Exhibits 5 and 5A) totals for each day in the invoice package. The Summary tab will total all the items from each day to create a Summary Sheet (D.5 Exhibit 5B) to be submitted for payment. There is a separate invoice workbook for lend-lease use.

(ii) The signed DAILY MEAL ORDER/INVOICE – MOBILE FOOD SERVICES (D.5 Exhibits 5 and 5A) must be provided with the daily invoice sheet as a .pdf, as evidence of the Government's acceptance of the services provided.

(iii) The areas in green are the only areas where the Contractor may input data. The other areas of each Daily or Summary sheet are protected as they contain the formulas to calculate the item and daily totals. The bottom total in the orange box is the total to be invoiced for each day and the Payment Total on the Summary sheet.

(iv) The Contractor is required to email the Summary sheet (D.5 Exhibit 5B – Summary) including all Daily sheets and all supporting signed Daily Meal Records every 7 days minimum to the Finance Section email; Finance will submit to sm.fs.asc_eera@usda.gov to be processed for payment.

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

(1) Schedule of Items / Unit Summary.

(2) FAR 52.212-4 or FAR 52.212-1..

(3) Addenda to FAR 52.212-4 or FAR52.212-1.

(4) FAR 52.212-5.

(4) Blanket Purchase Agreement (BPA).

Caring for the Land and Serving People 8

(5) Resource Order (RO) (BPA Call).

(6) Statement of Work (SOW).

(7) Contractor’s Proposal.

(End of FAR 52.212-4 addenda)

C.3 Federal Acquisition Regulation (FAR) Clauses - Full Text

C.3.1 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

http://uscode.house.gov/

Caring for the Land and Serving People 9

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph

(c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

C.3.2 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Products and Commercial Services (DEVIATION MAY 2023, NOV 2022) (May 2024)

Federal Acquisition Regulation (FAR) Clauses

(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:

# FAR Cite Title Date

(1) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Jan 2017

Caring for the Land and Serving People 10

(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:

[Contracting Officer check () as appropriate.]

# FAR Cite Title Date

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

Jun 2020 w/Alt I (Nov 2021)

(2) 52.203-13 Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)

Nov 2021

(3) 52.203-15

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

Jun 2010

(4) 52.203-17 Contractor Employee Whistleblower Rights ( 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)

Nov 2023

Federal Acquisition Regulation (FAR) Clauses

(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:

# FAR Cite Title Date

(2) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities Dec 2023

(3) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment Nov 2021

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

(5) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C.3903 and 10 U.S.C. 3801) Mar 2023

(6) 52.233-3 Protest After Award (31 USC 3553) Aug 1996

(7) 52.233-4 Applicable Law for Breach of Contract Claim (PL 108-77, 108-78 (19 USC 3805 note)) Oct 2004

Caring for the Land and Serving People 11

Federal Acquisition Regulation (FAR) Clauses

(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:

[Contracting Officer check () as appropriate.]

# FAR Cite Title Date

(5) 52.204-10 Reporting Executive compensation and First-Tier Subcontract Awards (Pub. L. 109-282) (31 U.S.C. 6101 note) Jun 2020

(6) [Reserved]

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

Oct 2016

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

Oct 2016

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

(10) 52.204-28 Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi- Agency Contracts. ( Pub. L. 115–390, title II)

Dec 2023

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

(Pub. L. 115–390, title II)

Dec 2023

(ii) Alternate I of 52.204-30 Dec 2023

(12) 52.209-6

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

(DEVIATION MAY 2023)

(31 U.S.C. 6101 note)

Nov 2021

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

Oct 2018

(14) [Reserved]

(15) (i) 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award

(DEVIATION NOV 2022)

(15 U.S.C. 657a)

Oct 2022

(16) (i) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (if the offeror elects to waive the preference, it shall so indicate in its offer)

Oct 2022

Caring for the Land and Serving People 12

Federal Acquisition Regulation (FAR) Clauses

(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:

[Contracting Officer check () as appropriate.]

# FAR Cite Title Date

(DEVIATION NOV 2022)

(15 U.S.C. 657a)

(17) [Reserved]

(18) (i) 52.219-6 Notice of Total Small Business Aside (15 U.S.C. 644)

Nov 2020

(ii) Alternate I of 52.219-9 Mar 2020

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

(ii) Alternate I of 52.219-7 Mar 2020

(20) 52.219-8 Utilization of Small Business Concerns

(DEVIATION SEP 2023)

(15 U.S.C. 637(d)(2) and (3))

Feb 2024

(21) (i) 52.219-9 Small Business Subcontracting Plan (15 U.S.C. 637 (d)(4)) Sep 2023

(ii) Alternate I of 52.219-9 Nov 2016

(iii) Alternate II of 52.219-9 Nov 2016

(iv) Alternate III of 52.219-9 Jun 2020

(v) Alternate IV of 52.219-9 Sep 2023

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

(ii) Alternate I of 52.219-13 Mar 2020

(23) 52.219-14 Limitations on Subcontracting (15 U.S.C. 637s) Oct 2022

(24) 52.219-16 Liquidated Damages—Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)) Sep 2021

Caring for the Land and Serving People 13

Federal Acquisition Regulation (FAR) Clauses

(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:

[Contracting Officer check () as appropriate.]

# FAR Cite Title Date

(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

(DEVIATION DEC 2023, NOV 2022)

( 15 U.S.C. 657f)

Feb 2024

(26) (i) 52.219-28 Post Award Small Business Program Representation (15 U.S.C. 632(a)(2))

Feb 2024

(ii) Alternate I of 52.219-28 Mar 2020

(27) 52.219-29

Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns

(DEVIATION NOV 2022)

(15 U.S.C. 637(m))

Oct 2022

(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

(DEVIATION NOV 2022)

(15 U.S.C. 637(m))

Oct 2022

(29) 52.219-32 Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r))

Mar 2020

(30) 52.219-33 Nonmanufacturer Rule (DEVIATION MAY 2020) (15 U.S.C. 637(a)(17))

Sep 2021

(31) 52.222-3 Convict Labor (E.O. 11755) Jun 2003

(32) 52.222-19 Child Labor—Cooperation with Authorities and Remedies Feb 2024

(33) 52.222-21 Prohibition of Segregated Facilities Apr 2015

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

(ii) Alternate I of 52.222-26 Feb 1999

Caring for the Land and Serving People 14

Federal Acquisition Regulation (FAR) Clauses

(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:

[Contracting Officer check () as appropriate.]

# FAR Cite Title Date

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

Jun 2020

(ii) Alternate I of 52.222-35 Jul 2014

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

Jun 2020

(ii) Alternate I of 52.222-36 Jul 2014

(37) 52.222-37 Employment Reports on Veterans (38 U.S.C. 4212)

Jun 2020

(38) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496)

Dec 2010

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

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

(40) 52.222-54

Employment Eligibility Verification (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803)

May 2022

(41) (i) 52.223-9

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

May 2008

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

May 2008

(42) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (E.O.13693)

May 2024

Caring for the Land and Serving People 15

Federal Acquisition Regulation (FAR) Clauses

(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:

[Contracting Officer check () as appropriate.]

# FAR Cite Title Date

(43) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693)

May 2024

(44) 25.223-20 Aerosols (42 U.S.C. 7671) Jun 2016

(45) 52.223-21 Foams (46 U.S.C. 7671) Jun 2016

(46) 52.223-23 Sustainable Products and Services (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671) May 2024

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

(ii) Alternate I of 52.224-3 Jan 2017

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

(ii) Alternate I Of 52.225-1 Oct 2022

(49) (i) 52.225-3

Buy American-Free Trade Agreements-Israeli Trade Act (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

Nov 2023

(ii) Alternate I (Reserved)

(iii) Alternate II of 52.225-3 Dec 2022

(iv) Alternate III of 52.225-3 Feb 2024

(v) Alternate IV of 52.225-3 Oct 2022

Caring for the Land and Serving People 16

Federal Acquisition Regulation (FAR) Clauses

(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:

[Contracting Officer check () as appropriate.]

# FAR Cite Title Date

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

Nov 2023

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

Feb 2021

(52) 52.225-26

Contractors Performing Private Security Functions Outside the United States (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)

Oct 2016

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

Nov 2007

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

Nov 2007

(55) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O.13513)

May 2024

(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 (41 U.S.C. 4505), 10 U.S.C. 2307(f))

Nov 2021

(58) 52.232-30 Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 2307(f))

Nov 2021

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

Oct 2018

(60) 52.232-34 Payment by Electronic Funds Transfer—Other Than System for Award Management (31 U.S.C. 3332)

Jul 2013

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

Caring for the Land and Serving People 17

Federal Acquisition Regulation (FAR) Clauses

(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:

[Contracting Officer check () as appropriate.]

# FAR Cite Title Date

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

Aug 1996

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

Jan 2017

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

Nov 2021

(ii) Alternate I of 52.247-64 Apr 2003

(iii) Alternate II of 52.247-64 Nov 2021

(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:

[Contracting Officer check () as appropriate.]

# FAR Cite Title Date

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

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

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

Aug 2018

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

May 2014

(5) 52.222-51

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

May 2014

Caring for the Land and Serving People 18

(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—

# FAR Cite Title Date

(i) 52.203-13 Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509) Nov 2021

Federal Acquisition Regulation (FAR) Clauses

(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:

[Contracting Officer check () as appropriate.]

# FAR Cite Title Date

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

May 2014

(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 (E.O. 13706) Jan 2022

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

(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.

Caring for the Land and Serving People 19

(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…