Amendment 2.pdf

(x)

12363N22Q4000 x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

363N

WASHINGTON DC 20250-1138

MS-1138

1400 INDEPENDENCE AVE SW

USDA-FS STEWARDSHIP CONTRACTING BR

04/02/2025

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION

NO. 0002

5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

09/30/2022

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not X is required to sign this document and return _________1_________ copies to the issuing office.

ORDER NO. IN ITEM 10A.EO 14148, EO 14173, EO 14168, and EO 14208

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

New Mexico Forest Engineering Road Maintenance (FERM) BPA ¿ Amendment 0002 12363N22Q4000

This amendment implements two FAR class deviations to ensure compliance with Executive

Orders 14148, 14173, 14168 and 14208, issued since January 20, 2025. It also removes FAR clauses and provisions that did not comply with FAR Part 12 procedures for the acquisition of commercial products and services and AGAR clauses and provisions that have been rescinded.

These updates reflect recent policy changes, eliminate outdated requirements, and streamline the solicitation. All previous versions of this solicitation are hereby rendered obsolete.

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

MARK T. PHILLIPP

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

X

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

12363N22Q4000/0001

The following FAR provisions and clauses are hereby removed in their entirety from the New

Mexico Engineering Road Maintenance (FERM) BPA:

¿ 52.222-21 Prohibition of Segregated Facilities

¿ 52.222-26 Equal Opportunity

¿ 52.222-27 Affirmative Action Compliance Requirements for Construction

¿ 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026*

*This provision was removed to comply with the

Executive Order titled "Additional Rescissions of

Harmful Executive Orders and Actions," dated

March 14, 2025.

The following FAR clauses now include deviations to align with recent Executive Orders:

¿ 52.212-3 Offeror Representations and Certifications¿Commercial Products and Commercial

Services (MAY 2024) (DEVIATION FEB 2025)

¿ 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive

Orders¿Commercial Products and Commercial

Services (JAN 2025) (DEVIATION FEB 2025)

¿ 52.222-9 Apprentices and Trainees (JUL 2005)

(DEVIATION FEB 2025)

¿ 52.223-1 Biobased Product Certification (MAY

2024) (DEVIATION FEB 2025)

¿ 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024)

(DEVIATION FEB 2025)

¿ 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB

2025)

The following references to AGAR Clauses and

Provisions are hereby removed to comply with AGAR

Rule 2024-22463 (89 FR 81014):

¿ AGAR 452.215-73 Post Award Conference (NOV 1996) /1

¿ AGAR 452.216-74 (FEB 1988) (Applicable to Time-and-Materials/Labor Hour BPA Calls)

¿ AGAR 452.219-70 Size Standard and NAICS Code Information (SEP 2001) /1

¿ AGAR 452.228-70 Alternative Forms of Security

(NOV 1996)

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

12363N22Q4000/0001

¿ AGAR 452.228-71 Insurance Coverage (NOV 1996)

¿ AGAR 452.236-77 Emergency Response (NOV 1996)

¿ AGAR 452.237-74 Key Personnel (FEB 1988) /1

1/ AGAR clauses and provisions that were included in full text have been retained, with only the

AGAR reference removed.

The following AGAR clause is hereby included:

¿ AGAR 452.236-70 Emergency Response, Fire Suppression and Liability (NOV 2024)

The New Mexico Forest Engineering Road

Maintenance (FERM) BPA has been updated to comply with FAR Part 12 Procedures.

All call orders will incorporate these changes by reference at the time of the award. For existing awarded call orders, these changes will be incorporated during the next contract modification.

Disclaimer: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror

Representations and Certifications¿Commercial

Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in

SAM.

In advancement of Section 2 of Executive Order

14208, the removal of requirements related to

Executive Order 14057 eliminates all non-statutory sustainability requirements or preferences in purchases of food service wares, including paper straws. In addition to removing requirements related to Executive Order 14057, the attachment also reflects recent updates to

Code of Federal Regulation citations for the U.S.

Department of Agriculture¿s BioPreferred®

Program, a statutory purchasing preference

Continued ...

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

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

12363N22Q4000/0001 program.

These class deviations will remain in effect until rescinded or incorporated into the FAR.

Period of Performance: 12/05/2022 to 12/30/2032

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