1240BD22Q0028_1.v.1 Vault Septic Pumping Service DRD.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

40BD

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

USDA-FS CSA NORTHWEST 2

CODE 16. ADMINISTERED BYCODE

X

X

562991

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR40BD

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

12/13/2024 1200 PT

11/19/2024

208-484-4622ARLENE STEFFEY

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240BD22Q0028

5. SOLICITATION NUMBER

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

1 54 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

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 SCHEDULEX

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 CSA NORTHWEST 2

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.

BPA SETUP - FOR WASTE REMOVAL FROM VAULT TOILETS

AND SEPTIC TANKS

Quotes and supporting documents are due December 16, 2024 must be submitted via email to:

arlene.steffey@usda.gov

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

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)

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

arlene.steffey@usda.gov

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. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

BPA SETUP - FOR WASTE REMOVAL FROM VAULT TOILETS

AND SEPTIC TANKS

All questions regarding this solicitation must be submitted via email to arlene.steffey@usda.gov no later than 12:00 pm (PST) December 1, 2024.

Questions will be answered through an amendment.

a) BPA PARENT AGREEMENT: Contractors do not need to provide price quotations for each National

Forest or Ranger District; Contractors may respond to the RFQ for only a subset of the

National Forests, and Ranger Districts within each Forest, as interested.

b) BPA CALLS: Effort will be made to combine trips to pump restrooms in the same general location to save mileage and costs.

c) Price: Include the following: 1) Acknowledge any amendments issued on sam.gov for this solicitation by completing and signing the posted

SF-30, and 2) Include the completed schedule of items contained in Section I of this solicitation.

(Not Separately Priced)

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

54 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 54

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

1240BD22Q0028/0001

QUOTER INFORMATION - PLEASE FILL IN

Company Name___________________________________

Mailing Address________________________________

City, State, Zip_______________________________

Telephone #____________________________________

E-Mail Address_________________________________

SAM UNIQUE ENTITY

ID____________________________________

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

Sponsored by GSA

FAR (48 CFR) 53.110

Part I – Schedule of Items.

PUMPING SERVICES FOR VAULT TOILETS, PIT TOILETS AND SEPTIC SYSTEMS

MT BAKER-SNOQUALMIE NATIONAL FOREST

Mt. Baker-Snoqualmie National Forest

Mountain Loop Highway

Line Item

Description of Site - MBS NF Road Name

# of Vault s/Toil ets

Approx Vault Size

Estimate Annual Frequency

Miles from Verlot

PSCO

Quoted Price

5/01/2025- 4/30/2026

MLH-

Verlot Public Service Center

Mountain Loop Highway #20

1 3000 1 0 _____ per trip

MLH-

02 Heather

Lake Trailhead

Mount Pilchuck #42

1 1000 4 2.4 _____ per trip

MLH-

03 Mount

Pilchuck Trailhead

Mount Pilchuck #42

1 1000 4 7.9 _____ per trip

MLH-

Lake Twenty Two Trailhead

Mountain Loop Highway #20

1 2000 5 1.9 _____ per trip

MLH-

05a Hemple

Creek Picnic Area EAST

Mountain Loop Highway #20

1 1000 4 2.2 _____ per trip

MLH-

05b Hemple

Creek Picnic Area WEST

Mountain Loop Highway #20

1 750 4 2.2 _____ per trip

MLH-

06 Youth-On-

Age Trailhead

Mountain Loop Highway #20

1 1000 <1 7.6 _____ per trip

MLH-

Marten Creek Dispersed Camp

Mountain Loop Highway #20 1 1000 <1 9.5 _____ per trip

1240BD22Q0028_1.v.1 Vault Septic Pumping Service DRD 11/19/2024 Page 4 of 54

Line Item

Description of Site - MBS NF Road Name

# of Vault s/Toil ets

Approx Vault Size

Estimate Annual Frequency

Miles from Verlot

PSCO

Quoted Price

5/01/2025- 4/30/2026

MLH-

08 Dick Sperry

Picnic Area

Mountain Loop Highway #20

1 500 1 9.8 _____ per trip

MLH-

09 Deer Creek

Snow Play Area

Deer Creek #4052

1 1000 2 12.2 _____ per trip

MLH-

010 Big Four

Picnic Area

Mountain Loop Highway #20

1 2000 5 14.7 _____ per trip

MLH-

011 Ice Caves

Trailhead

Mountain Loop Highway #20

1 2000 5 15.2 _____ per trip

MLH-

012 Coal Lake

Trailhead Coal Lake #

1 750 2

19.3

_____ per trip

MLH-

013 Perry Creek

Dispersed Camp

Mountain Loop Highway #20

1 1000 2

15.5

_____ per trip

MLH-

014a

Dickerman / Perry Creek Trailhead East

Mountain Loop Highway #20

1 1000 3

16.2

_____ per trip

MLH-

014b

Dickerman / Perry Creek Trailhead West

Mountain Loop Highway #20

1 1000 3

16.2

_____ per trip

MLH-

015 Sunrise

Mine Trailhead

Sunrise Mine #

1 500 3

19.9

_____ per trip

MLH-

016 Barlow Pass

Mountain Loop Highway #20

1 1000 4

19.5

_____ per trip

11/19/2024 Page 5 of 54

Description of Site - MBS NF Road Name

# of Vault s/Toil ets

Approx Vault Size

Estimate Annual Frequency

Miles from Verlot

PSCO

Quoted Price

5/01/2025- 4/30/2026

MLH-

017 Monte

Cristo CERCLA Access Route

1 1000 <1

26.4

_____ per trip

Line Item

Description of Site - MBS NF Road Name

# of Vault s/Toil ets

Approx Vault Size

Estimate Annual Frequency

Miles from Darrin gton

RD

Quoted Price

MLH-

018 Goat Lake

Trailhead Elliott Creek #

1 750 3

20.7

_____ per trip

MLH-

Chockwich Dispersed Camp

Mountain Loop Highway #20

1 500 1

18.5

_____ per trip

MLH-

North Fork Sauk Trailhead North Fork

Sauk #49

1 1000 1

_____ per trip

MLH-

021 Bald Eagle

Trailhead North Fork Sauk #49

1 750 <1

25.8

_____ per trip

MLH-

022 Whitechuck

Overlook

Mountain Loop Highway #20

1 750 1

_____ per trip

MLH-

Crystal Creek Trailhead Whitechuc k #23

1 2000 <1

14.9

_____ per trip

MLH-

Beaver Lake North Trailhead

Mountain Loop Highway #20

1 1000 1

9.3

_____ per trip

MLH-

025a Whitechuck Boat

Launch n/a #22

1 2000 1

9.6

_____ per trip

11/19/2024 Page 6 of 54

Description of Site - MBS NF Road Name

# of Vault s/Toil ets

Approx Vault Size

Estimate Annual Frequency

Miles from Darrin gton

RD

Quoted Price

MLH-

025b

Old Sauk Trailhead

Mountain Loop Highway #20

1 1000 1

_____ per trip

Mt. Baker-Snoqualmie National Forest

Highway 530 / Suiattle River Road 26

Line Item

Description of Site -

MBS NF

Special Notes

# of Vaults/Toilets

Approx Vault Size

Estimated Annual Frequency

Miles from Darrington

RD

Bid

5/1/2024- 4/30/2025

H530-

French Creek

French Creek #2010

1 1000 1 9.2 _____ per trip

H530-

North Mountain Lookout

North Mountain #2810

1 500 <1 13.8 _____ per trip

H530- 03 Texas

Pond n/a #29 1 500

<1

17.1 _____ per trip

H530-

Suiattle Guard Station Suiattle

River #26

1 500

<1

22.9 _____ per trip

H530-

Green Mountain Horse Pasture

Suiattle River #26

1 500

<1

24.5 _____ per trip

H530- 06a

Downey Creek Trailhead -

EAST

Suiattle River #26

1 500

<1

27 _____ per trip

H530- 06b

Downey Creek Trailhead -

WEST

Suiattle River #26

1 500 <1 27 _____ per trip

11/19/2024 Page 7 of 54

Description of Site -

MBS NF

Special Notes

# of Vaults/Toilets

Approx Vault Size

Estimated Annual Frequency

Miles from Darrington

RD

Bid

5/1/2024- 4/30/2025

H530- 07 Suiattle

Trailhead

Suiattle River #26

1 1000 1 29 _____ per trip

STATEMENT OF OBJECTIVE BLANKET PURCHASE AGREEMENT FOR

PUMPING SERVICES FOR VAULT/PIT TOILET AND SEPTIC SYSTEMS

Description of Requirement

1. Background

The U. S. Department of Agriculture (USDA) and U.S. Forest Service (USFS) through Region 6 Acquisitions Management require competitive sources for the procurement of pumping services for vault/pit toilet and septic systems at USDA Forest Service managed recreation sites located on the National Forests in Oregon and Washington. The intent of any awarded Blanket Purchase Agreements (BPA) is to streamline the acquisition process by providing direct access to a number of qualified vendors who are familiar in conducting business with the Federal Government.

2. Description of Agreement

This BPA will utilize specifications to define the requirements of each call placed. The specifications will provide the key characteristics of the site to be serviced. A Blanket Purchase Agreement/s (BPA) will be awarded in response to this solicitation. A BPA is a simplified method of filling anticipated repetitive needs for supplies or services by establishing “charge accounts” with qualified sources.

This is a Request for Quotations (RFQ) to establish a pool of vendors who can provide, as identified in the attached Schedule of Items.

The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and other incidentals necessary to perform toilet pumping services. The quote will be a fixed firm price per unit, per visit and will include ALL fees associated with the service provided, including but not limited, i.e., disposal of foreign debris found in the septic systems that is not classified as sewages.

Services may be needed anytime through the year, depending on the site. Some toilets are located at winter trailheads and may require winter pumping; however, most of the sites are busiest during the summer season, so services are normally required before and during the operating season, which can run anytime between April 1 through October 30 annually, but may occur throughout the entire year. Some locations also require services at the end of each season.

The number of sites and frequency of service may be increased or decreased throughout the life of the BPA and are subject to the change clause FAR 52.212-4(C) Changes.

The recreation sites are listed by forest and/or district locations. Not all sites will be on double lane, paved roads and some could be on single lane, dirt or gravel roads. See the attachments, by National Forest, for the full list of sites, including vault size, frequency of pumping, and other notes. The National Forests included in this solicitation include:

11/19/2024 Page 8 of 54

• Columbia River Gorge National Scenic Area (Oregon and Washington)

• Deschutes National Forest (Oregon)

• Mount Baker-Snoqualmie National Forest (Washington)

• Okanogan-Wenatchee National Forest (Washington)

• Olympic National Forest (Washington)

• Siuslaw National Forest (Oregon)

• Umpqua National Forest (Oregon)

• Willamette National Forest (Oregon)

• New sites added as needed (Washington and Oregon)

Effort will be made to combine trips to pump restrooms in the same general location to save mileage and costs, but there is no commitment to doing so in every request for service.

The toilets vary in maximum capacity and will be pumped on a “call when needed” basis with 90% of the waste contents removed per standard commercial practices. The contractor shall be responsible for making disposal arrangements including disposal of all sewage and debris, and payment of all fees. All waste shall be disposed of at a commercial treatment facility off National Forest Lands.

Applicable OSHA, State and Local laws and regulations will be followed.

3. Extent of Obligation The Government is only obligated to the extent of authorized calls placed against this BPA by authorized personnel, against authorized items.

4. Purchase Limitations The limitation for each individual purchase under this BPA shall not exceed $100,000.

5. Individuals Authorized to Purchase under this BPA Any warranted Contracting Officer with proper delegated authority within Forest Service Northwest Procurement Zone. BPA Calls will be issued as work becomes available.

6. Delivery Tickets All services under this agreement shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

(i) Name of supplier.

(ii) BPA number.

(iii) Date of purchase.

(iv) Purchase/Call number.

(v) Itemized list of units furnished.

(vi) Quantity, unit price, and extension of each item, less applicable discounts.

(vii) Date of delivery or shipment

7. Invoices Individual invoices will be submitted for each delivery or as specified and allowed by each call. Unless specified otherwise in the call, Invoices will be submitted to the Invoice Processing Platform (IPP) at www.ipp.gov. All vendors selected for award of a BPA will be required to register in the IPP system.

1240BD22Q0028_1.v.1 Vault Septic Pumping Service DRD 11/19/2024 Page 9 of 54 http://www.ipp.gov/

8. Placement of Calls

All work will be ordered based on the Firm-Fixed-Prices as shown in the Schedule of Items. BPA Calls may be issued orally and followed up in writing, by facsimile, or by electronic commerce methods.

The government anticipates awarding multiple BPA Calls shortly after award of BPA. Estimated start work dates and performance times will be identified on each Call. Calls may be issued continuously with no time discounted for normal weather conditions or fire restrictions.

The Contractor is not required to accept every Call. However, there is a general expectation that the Contractor will be available for most Calls.

Service contract wage rates will be added via attachment per BPA call/award. The wage rates included in this solicitation are provided as a sample only.

9. Cancellation of BPA The United States government reserves the unilateral right to cancel this BPA by providing written notification to the contractor.

The contractor may withdraw from this BPA upon written request to the Contracting Officer. Withdrawal from the BPA does not affect awarded calls.

10. Points of Contact and Mailing Address A Kay Steffey, Contracting Officer 208-484-4622 Arlene.steffey@usda.gov

Issuing Office:

Procurement and Property Services

USDA-FS, CSA NORTHWEST 2 1220

3RD AVE STE 310

1221 PORTLAND OR 97204-2829

11. Period of Performance BPA Calls may be placed through April 30, 2032. Concurrent BPA Calls may be issued.

Period of Performance: May 1, 2022, through April 30, 2032

The agreement shall be reviewed annually before the anniversary of its effective date and revised as necessary to conform to the requirements of the Federal Acquisition Regulation. Contractors may be offered an opportunity to adjust their prices. If a revised rate is not submitted during the period set forth by the Contracting Officer, the prices proposed in the original agreement (or latest update if applicable) will remain in effect.

The Government reserves the right to make single or multiple awards based on the responses to this RFQ that represent the best value to the Government.

1240BD22Q0028_1.v.1 Vault Septic Pumping Service DRD 11/19/2024 Page 10 of 54 mailto:Arlene.steffey@usda.gov

FAC 2024-05 May 22, 2024

12. Modifying the BPA This Blanket Purchase Agreement shall be changed only by modifying the agreement itself and not by individual orders issued under it. Only the Contracting Officer identified in paragraph 10, or their designated successor may modify this BPA

13. Definitions CO: Contracting Officer - person with the authority to enter, administer, and/or terminate the contract.

GTM: Government Technical Monitor – person who surveys, monitors and inspects work (no contract authority).

COR: Contracting Officer Representative- person with limited authority to administer contract.

BPA Call, or Blanket BPA Call: An order for services placed against a BPA. Each BPA Call will be numbered by using the alpha character “F” as the procurement type identifier (e.g.

1240BK21F00xx).

Authorized Callers: Designated Forest employees will be identified after award for each BPA. Only those on the list may place an order or call for pumping services and any others shall be denied.

Purchase limitation. The dollar limitation for each individual purchase (BPA Call/Order) under the BPA shall not exceed a total of $xx.xx.

Extent of Obligation: The Government is hereby obligated only to the extent of authorized purchases (calls/orders) actually made under this Blanket Purchase Agreement.

Invoices: A consolidated invoice shall be submitted monthly which includes all pumping calls/orders in the period.

Delivery Tickets/Invoicing: All calls under the BPA shall be consolidated and invoiced monthly thru the Department of Treasury's electronic Invoice Processing Platform (IPP). This is a mandatory requirement initiated by USDA and the U.S. Department of Treasury and you can find more information at https://www.ipp.gov/index.htm. Please register at https://www.ipp.gov/vendors/enrollment-vendors.htm after award.

BPA TERMS AND CONDITIONS

Individual Project BPA Calls, or Blanket BPA Calls will be placed, at the fixed prices as shown on the Schedule of Items. The Government does not guarantee to any vendor any minimum number of orders or amount of award.

The BPA will be reviewed annually to ensure that it still represents a best value.

The Government is obligated only to the extent of authorized award amount.

The BPA does not obligate any funds.

1240BD22Q0028_1.v.1 Vault Septic Pumping Service DRD 11/19/2024 Page 11 of 54 http://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

To meet the needs of the Government, new agreements may be awarded at any time during the period of this agreement. Any new agreements will have the same completion date as the initial agreements.

All calls placed against this BPA are subject to the terms and conditions of this agreement. BPA Calls may be placed by email, mail, or oral communications.

Task Orders/Calls – Request for Quote (RFQ) Procedures

a) A Blanket Purchase Agreement (BPA) Call is a contractual instrument issued by an authorized and warranted government Contracting Officer to order work for the government.

b) As the need exists for performance under the terms of this BPA any warranted Forest Service Contracting Officer may solicit quotes and issues task orders against this contract.

c) Additional specifications may be provided with each RFQ.

d) RFQs will be transmitted primarily via e-mail.

e) RFQs may include evaluation criteria (ie: past performance, technical approach, etc.) which will require the submission of a technical proposal. All RFQs shall specify the method for award determination and indicate the required response documentation.

f) Upon the receipt of an RFQ from the Government, the Contractor shall respond as specified.

g) Multiple Award BPA holders will receive fair opportunity to be considered for each RFQ unless one of the exceptions in FAR Subpart 16.505(b)(2) applies.

INDIVIDUAL PROJECT BPA PURCHASE/CALL PERFORMANCE PERIOD

REQUIREMENTS

The following clause, FAR 52.211-10, shall apply to each individual BPA call. An estimated start work date will be included within the BPA call. The specific days/dates included within a BPA call will vary considerably. The allowed performance completion period for individual projects will be dependent upon factors such as project size, complexity, available work periods limitations, and date of issuance.

UNSATISFACTORY PERFORMANCE

Nonconformance with any of the specifications will require rework at the Contractor’s expense, to bring the work up to specification standards. When inspection results are unsatisfactory and the deficiency is correctable, payment will not be made until the deficiency has been corrected.

REWORK AND REINSPECTION AFTER REWORK

When inspection results are unsatisfactory and the deficiency is correctable, payment will not be made until deficiency has been corrected. Re-inspection after rework will be made in the same manner as the first inspection but may be at different locations. The Contractor shall pay for inspections necessitated

11/19/2024 Page 12 of 54 by the rework.

SUSPENSIONS OF WORK FOR OTHER THAN GOVERNMENT'S CONVENIENCE

The Contracting Officer may issue orders to suspend the work wholly or in part for such period of time as deemed necessary because of: (1) weather or ground conditions when further prosecution of the work might cause environmental or resource damage to the project, access roads to the project, or adjacent property. Such action would include but not be limited to instances such as, damage to access roads, rutting of project roads which causes otherwise suitable soils to be muddy or unsuitable; or (2) failure of the Contractor to comply with specifications such as but not limited to placement of chemical sprays in areas other than those specified, performing work prior to prerequisite approvals, operating equipment not meeting fire requirements, or when conditions exist which do not meet safety requirements. Whether or not a suspend work notice is issued, the Contractor shall be responsible for correcting any damage caused by its operation, whether inside or outside project limits, at no cost to the Government. Such suspensions shall not be considered as terminations for the Government’s Convenience FAR 52.212-4(l), and shall not qualify for an equitable adjustment.

PROPERTY AND PERSONAL DAMAGE

The Contractor shall use every precaution necessary to prevent damage to public and private property.

Land monuments and property markers shall not be disturbed until the Contracting Officer, or his/her representative, has witnessed or otherwise referenced their location and directed their removal.

The Contractor shall be responsible for all damage to property and to persons, including third parties, that occur as a result of his/her agent's or employee's fault or negligence. The term "third parties" is construed to include employees of the government.

PUBLIC OFFICIALS NOT PERSONALLY LIABLE

There shall be no personal liability upon the Contracting Officer or officer in charge, their agents or employees, for any act performed in the discharge of any duty imposed or the exercise of any power or authority conferred upon them, by, or with the scope of the contract, it being understood that in all such matters they act solely as agents and representatives of the Government.

TRASH AND REFUSE MATERIAL

Contractor shall remove all its trash and refuse from the contract area. Material to be removed includes, but is not limited to: chemical containers, used engine oil, oil filters, oil cans, grease cartridges, camp refuse such as tin cans, paper garbage, etc. All placement of sanitary facilities will require prior approval of the Contracting Officer.

11/19/2024 Page 13 of 54

AGAR 452.236-77 EMERGENCY RESPONSE (NOV 1996)

Contractor's Responsibility for Fire Fighting. (1) The Contractor, under the provisions of FAR clause 52.236-9, PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS, shall immediately extinguish all fires on the work site other than those fires in use as a part of the work. (2) The Contractor may be held liable for all damages and for all costs incurred by the Government for labor, subsistence, equipment, supplies, and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor's agents or employees.

Contractor's Responsibility for Notification in Case of Fire. The Contractor shall immediately notify the Government of any fires sighted on or in the vicinity of the work site.

Contractor's Responsibility for Responding to Emergencies. When directed by the Contracting Officer, the Contractor shall allow the Government to temporarily use employees and equipment from the work site for emergency work (anticipated to be restricted to firefighting). An equitable adjustment for the temporary use of employees and equipment will be made under the CHANGES clause, FAR 52.212- 4(c).

TERMINATION FOR CAUSE, DAMAGES FOR DELAY

Employment of undocumented workers is conducive to creating situations that cause undue and unwarranted disruptions to contract work. To avoid these situations, it is hereby mutually agreed in the event the Contracting Officer receives written notice from the U. S. Immigration and Customs Enforcement (ICE) of two (2) separate instances where undocumented workers were employed on work under this Contract; action will be taken to place the Contractor in default.

USE OF ROADS BY CONTRACTOR

The Contractor is authorized to use all roads under the jurisdiction of the Forest Service that are open and necessary for direct route access to the contract work sites for all activities necessary to complete each BPA Call. This authorization is subject to the limitations described below, when such use will not damage the roads or national forest resources, and when traffic can be accommodated safely.

Keep existing roads open to all traffic during contract work and maintain them in a condition that will adequately accommodate traffic. Perform no work that interferes or conflicts with traffic or existing access to the roadway surface until a Written Plan or approval has been received for the satisfactory handling of traffic. Provide and post Traffic Control Signs and Devices in conformance with the “Manual on Uniform Traffic Control Devices” (MUTCD), if applicable. Do not proceed with work on the project until all required signs are in place.

Before shutting down any operations, leave all travel ways in a condition suitable for traffic. Unless otherwise provided, traffic delays may not exceed 30 minutes.

ISSUING OFFICE ADMINISTRATION

11/19/2024 Page 14 of 54

The Issuing Office shall be responsible for fund obligation and payment processing and shall complete all Federal Procurement Data System (FPDS) and other reporting as applicable.

FAIR OPPORTUNITY

Each BPA holder will be given fair opportunity for the BPA Call. Past Performance, Quality Control, and price, prior to award and during contract performance will be considered on each BPA Call.

Ombudsman. If a Contractor believes they are not being fairly considered for a particular BPA Call, they may present the matter to the Contracting Officer. The Contractor may appeal the explanation or decision of the Contracting Officer to the Forest Service Ombudsman. The Ombudsman will review the Contractor’s complaint, and in coordination with the Contracting Officer, ensure that the Contractor is afforded a fair opportunity to be considered for the BPA Call. Complaints to the USDA Forest Service Ombudsman must be forwarded to:

Assistant Director for Operations, Acquisition Management, Washington Office Rosslyn Plaza

1621 N Kent Street, Plaza E, Suite 707

Arlington, VA 22209 Phone (703) 605-4665 Facsimile (703) 605-5100 (End of clause)

EVALUATION OF CONTRACTOR PERFORMANCE

Failure to sufficiently meet performance requirements and goals may prompt the Government to stop issuing Call Order Requests.

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Part II -- Clauses.

Clauses Incorporated by Reference FAR 52.203-3 Gratuities (APR 1984)

FAR 52.203-16 Preventing Personal Conflicts of Interest (JUN 2020)

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

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

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

AGAR 452.204-70 Modification for Contract Closeout (DEVIATION JUN 2024)

FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023)

Clauses Incorporated by Full Text

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (MAY 2024)

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

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

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

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

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

(7) FAR 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

11/19/2024 Page 16 of 54 law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

☒ (1) FAR 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) FAR 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509)).

☐ (3) FAR 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) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

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

☐ (6) [Reserved].

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

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

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

☐ (10) FAR 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub.

L. 115–390, title II)

☐ (11)(i) FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023) (Pub. L. 115–390, title II)

☐ (ii) Alternate I (Dec 2023) of FAR 52.204-30.

☒ (12) FAR 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).

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

☐ (14) [Reserved].

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

657a).

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

657a).

☐ (17) [Reserved]

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

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

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

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

☐ (20) FAR 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

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

☐ (v) Alternate IV (Sep 2023) of FAR 52.219-9.

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

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

☐ (23) FAR 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

[Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or

☐ By the end of the performance period for each order issued under the contract.

☐ (24) FAR 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

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

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

☒ (26) (i) FAR 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

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

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

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

☐ (29) FAR 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

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

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

☒ (32) FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).[

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

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

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

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

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

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

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

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

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

☒ (39) (i) FAR 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).

☐ (40) FAR 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.)

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

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

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

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

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

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

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

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

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

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

☐ (49) (i) FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐(ii) Alternate I [Reserved]

☐(iii) Alternate II (DEC 2022) of FAR 52.225-3.

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

☐(v) Alternate IV (OCT 2022) of FAR 52.225-3.

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

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

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

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

☐ (54) FAR 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

☒ (55) FAR 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O. 13513).

☐ (56) FAR 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

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☐ (57) FAR 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) FAR 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

☐ (59) FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(OCT2018) (31 U.S.C. 3332).

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

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

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

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

☐ (64) (i) FAR 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 FAR 52.247-64.

☐ (iii) Alternate II (Nov 2021) of FAR 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:

[Contracting Officer check as appropriate.]

☒ (1) FAR 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

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

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

☐ (5) FAR 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) FAR 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).

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

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

☐ (9) FAR 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 FAR 52.215-2, Audit and Records-Negotiation.

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

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

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

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

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

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

(iii) FAR 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)).

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

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

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

(vii) (A) FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

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

(viii) FAR 52.219-8, Utilization of Small Business Concerns (FEB 2024) (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 FAR 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) FAR 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

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

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

(xiv) FAR 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 FAR 52.222- 40.

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

(xvi) (A) FAR 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 FAR 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) FAR 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).

(xviii) FAR 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).

(xix) FAR 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) FAR 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

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

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

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(B) Alternate I (JAN 2017) of FAR 52.224-3.

(xxiii) FAR 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).

(xxiv) FAR 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 FAR 52.226-6.

(xxv) FAR 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 FAR 52.232-40.

(xxvi) FAR 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 FAR 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.

(End of clause)

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Provisions Incorporated by Reference FAR 52.204-7 System for Award Management (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) FAR 52.223-1 Biobased Product Certification (MAY 2024)

Provisions Incorporated by Full Text

FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023)

Addenda to provision FAR 52.212-1:

For simplified acquisitions, the word quote or quoter is substituted in provision FAR 52.212-1 for the word offer or offeror.

Addenda to Provision FAR 52.212-1 paragraph (b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.

i) Relevant Experience and Past Performance – The evaluation will be based on each quoter’s response to the information requested in the submission instructions. The Government may also consider other sources of past performance information including, but not limited to, Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS),…