12363N23Q4023 Amend 5-Final.pdf

(x)

12363N23Q4023 x x

1 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.

363N

WASHINGTON DC 20250-1138

MS-1138

1400 INDEPENDENCE AVE SW

USDA-FS STEWARDSHIP CONTRACTING BR

03/31/20250005

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.

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 is extended,

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. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

01/17/2023

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 is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

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

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

Orders 14148, 14173, 14168, and 14208, issued since January 20, 2025. It also removes references to AGAR clauses and provisions that have been rescinded. These updates reflect recent policy changes and remove outdated requirements, as detailed below.

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

BPA:

52.222-21 Prohibition of Segregated Facilities

52.222-26 Equal Opportunity

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)

BREANNE R. PARKER

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 .

03/31/2025

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

12363N23Q4023/0005

52.222-55 Minimum Wages for Contractor Workers

Under Executive Order 14026/1

1/This provision was removed to comply with the

Executive Order 14236 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)

52.223-1 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)

The following references to AGAR Clauses and provisions are hereby removed to comply with AGAR

Rule 2024-22463 (89 FR 81014):

AGAR 452.211-74 Period of Performance (FEB

1988)/2

AGAR 452.215-73 Post Award Conference (NOV 1996)

/2

AGAR 452.219-70 Size Standard and NAICS Code

Information (SEP 2001) /2

AGAR 452.236-72 Use of Premises (NOV 1996) /2

AGAR 452.236-77 Emergency Response (NOV 1996)

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

12363N23Q4023/0005

AGAR 452.236-78 Fire Suppression and Liability

(MAY 2014)

AGAR 452.237-74 Key Personnel (FEB 1988) /2

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

AGAR reference removed.

The following AGAR clauses is hereby included:

AGAR 452.236-70 Emergency Response, Fire

Suppression and Liability (NOV 2024)

All call orders will incorporate these changes by reference at award.

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 program.

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

Period of Performance: 03/01/2023 to 02/28/2033

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

Sponsored by GSA

FAR (48 CFR) 53.110