1240BD25Q0021 amend one.pdf

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1240BD25Q0021

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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.

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40BD

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

USDA-FS CSA NORTHWEST 2

03/19/20250001

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. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

02/28/2025

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 ____1______________ 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 is a Firm Fixed Price Requirements contract for janitorial services for the WENATCHEE

NATIONAL FOREST, CHELAN RANGER DISTRICT

This purpose of this amendment is to refresh clauses IAW FAR Class Deviation EO 14173 and

EO 14168 03142025 and FAR Class Deviation EO 14148 and EO 14205 03142025 when issuing new solicitations or contracts and amend any open solicitations that contain the referenced provisions or clauses. See attached FAR Class Deviations for changes.

This solicitation due date has NOT been extended.

LIST OF CHANGES:

Bids due date : 20-MAR-25 changed to 27-MAR-25

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)

ARLENE K. STEFFEY

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 .

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ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 8CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

1240BD25Q0021/0001

The FAR Class Deviations are applicable to all USDA solicitations and contracts and remain in effect until rescinded or incorporated into the

FAR.

-Remove specified provisions and clauses in existing solicitation templates, as applicable

-Add specified provisions, clauses, and notice language in existing solicitation templates, as applicable

-Amend any open solicitation to remove and/or add the specified provisions, clauses, and notice language, as applicable

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

Sponsored by GSA

FAR (48 CFR) 53.110

SUBJECT: FAR Class Deviation for Section 2 of the Executive Order 14148, “Initial Rescissions of Harmful Executive Orders and Actions,” which revoked Executive Order 14057 and Section 2 of Executive Order 14208, “Ending Procurement and Forced Use of Paper Straws.”

Purpose: This class deviation is issued in accordance with Federal Acquisition Regulation (FAR) Subpart 1.404 in order to implement Section 2 of Executive Orders 14148 and 14208. This deviation allows USDA to fully support the subject Executive Orders through deviations to existing FAR text (see Attachment) until the FAR is able to be officially updated by the Defense Acquisition Regulations Council (DARC) and the Civilian Agency Acquisition Council (CAAC). This class deviation is issued through consultation with the CAAC via the CAAC Letter 2025-02, Supplement 1.

Effective Date: This class deviation is effective immediately and remains in effect until rescinded or incorporated into the FAR.

Background: Section 2 of Executive Order 14148, “Initial Rescissions of Harmful Executive Orders and Actions,” dated January 20, 2025 (90 FR 8237), revoked Executive Order 14057, “Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability,” dated December 8, 2021. Section 2 of Executive Order 14208, “Ending Procurement and Forced Use of Paper Straws," dated February 10, 2025 (90 FR 9585), directs agencies to take appropriate action to eliminate policies designed to disfavor plastic straws.

Requirement: This class deviation applies to all USDA solicitations and contracts, as appropriate, and provides guidance on how to implement this class deviation for new or open solicitations, new contracts or orders and existing contracts or orders. Contracting officers shall immediately implement the following changes:

1) Use the revised definitions in FAR part 2 and follow the revised procedures in FAR parts 11, 18, 23, and 37 as outlined in the attachment.

2) When issuing new solicitations or contracts, do not include the following provisions and clauses:

o 52.204-8 Annual Representations and Certifications (JAN 2025) https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2025-02_Supplement-1.pdf o 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) o 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025) o 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025) o 52.223-1 Biobased Product Certification (MAY 2024) o 52.223-2 Reporting of Biobased Products Under Service and

Construction Contracts (MAY 2024) o 52.223-10 Waste Reduction Program (MAY 2024) o 52.223-19, Compliance with Environmental Management Systems

(MAY 2011)

o 52.223-22, Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals—Representation (DEC 2016) o 52.223-23, Sustainable Products and Services (MAY 2024)

3) When issuing new solicitations or contracts, include the following provision and clause deviations, which are provided in the attachment, if applicable.

o 52.204-8 Annual Representations and Certifications (JAN 2025)

(DEVIATION FEB 2025)

o 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025) o 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025) o 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025)

(DEVIATION FEB 2025)

o 52.223-1 Biobased Product Certification (MAY 2024) (DEVIATION

FEB 2025)

o 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024) (DEVIATION FEB 2025) o 52.223-10 Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025) o 52.223-23, Sustainable Products and Services (MAY 2024

(DEVIATION FEB 2025))

4) Any open solicitations should be amended to include these required provisions and clauses provided in the attachment.

5) Any existing contracts shall include these required provisions and clauses provided in the attachment when the next modification occurs, or the next option is exercised.

6) Include the following notice:

“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, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Agencies will not consider or use these representations. 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.

Applicability: This class deviation is applicable to all USDA solicitations and contracts.

Expiration: This class deviation remains in effect until rescinded or incorporated into the FAR.

Attachment: See Attachment for the changes in the FAR text as amended by this class deviation.

SUBJECT: FAR Class Deviation Regarding Executive Orders 14173 (Ending Illegal Discrimination and Restoring Merit-Based Opportunity) and 14168 (Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government)

Purpose: This class deviation is issued in accordance with Federal Acquisition Regulation (FAR) Subpart 1.404 in order to implement Executive Orders 14173 and 14168. This deviation allows USDA to fully support the subject Executive Orders through deviations to existing FAR text (see Attachment) until the FAR is able to be officially updated by the Defense Acquisition Regulations Council (DARC) and the Civilian Agency Acquisition Council (CAAC). This class deviation is issued through consultation with the CAAC via the CAAC Letter 2025-01, Supplement 1.

Effective Date: This class deviation is effective immediately and remains in effect until rescinded or incorporated into the FAR.

Background: Executive Order (E.O.) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” revoked E.O. 11246, “Equal Employment Opportunity.” Several FAR provisions promulgated to enforce E.O. 11246 are inconsistent with the direction of the President (see FAR subpart 22.8 and associated provisions and clauses as prescribed at FAR 22.810).

• FAR subparts 22.13, Equal Opportunity for Veterans, and 22.14, Employment of Workers with Disabilities, and their related provisions and clauses, are based in statute, and thus are not covered by E.O. 11246, and are unaffected by this class deviation.

• Contractors remain covered by existing United States laws on civil rights/nondiscrimination. These laws apply whether or not the company is a government contractor.

• The Department of Labor sent a message stating: “On January 21, 2025, the White House and President Donald Trump issued an Executive Order:

“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”, which revoked Executive Order 11246. For 90 days from the date of this order, Federal contractors may continue to comply with the regulatory scheme https://www.acquisition.gov/sites/default/files/caac/CAAC_Letter_2025-01_Supplement-1.pdf https://www.govinfo.gov/content/pkg/FR-2025-01-31/pdf/2025-02097.pdf https://content.govdelivery.com/accounts/USDOLOFCCP/bulletins/3ce7fa5 in effect on January 20, 2025.”

This class deviation also addresses E.O. 14168, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” by removing the defined term "gender identity" at FAR 22.801 and the clauses at FAR part 52 that include the term.

Requirement: This class deviation applies to all USDA solicitations and contracts, as deemed appropriate, including open or new solicitations, new contracts or orders and existing contracts or orders. Contracting officers shall implement the following changes outlined below and refer to the revised FAR text in the attachment:

1) When issuing new solicitations or contracts do not include any of the following provisions and clauses:

• Paragraph (c) of 52.222-9, Apprentices and Trainees (include paragraphs (a) and (b))

• 52.222-21, Prohibition of Segregated Facilities

• 52.222-22, Previous Contracts and Compliance Reports

• 52.222-23, Notice of Requirement for Affirmative Action To Ensure Equal

Employment Opportunity for Construction

• 52.222-24, Preaward On-Site Equal Opportunity Compliance Evaluation

• 52.222-25, Affirmative Action Compliance

• 52.222-26, Equal Opportunity

• 52.222-27, Affirmative Action Compliance Requirements for Construction

• 52.222-29, Notification of visa denial

Any open solicitations that contain any of the provisions or clauses listed above should be amended to remove the provisions and clauses.

2) When issuing new solicitations or contracts include the following updated provisions and clauses, if applicable:

• 52.204-8, Annual Representations and Certifications (JAN 2025)

(DEVIATION FEB 2025)

• 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)

• 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025) (DEVIATION

FEB 2025)

• 52.244-6, Subcontracts for Commercial Products and Commercial Services

(JAN 2025) (DEVIATION FEB 2025)

Any open solicitations should be amended to include these required provisions and clauses.

https://public-inspection.federalregister.gov/2025-02090.pdf

3) Any existing contracts shall include these required provisions and clauses when the next modification occurs, or the next option is exercised.

4) When issuing new solicitations, include the following notice:

“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.”

Applicability: This class deviation is applicable to all USDA solicitations and contracts.

Expiration: This class deviation remains in effect until rescinded or incorporated into the FAR.

Attachment: See Attachment for the changes in the FAR text as amended by this class deviation.

23.109 Solicitation provisions and contract clauses.