1240BF23D0023 Award (Released).pdf

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INVOICE PROCESSING PLATFORM IPP

ELECTRONICALLY THROUGH THE

ALL INVOICES MUST BE SUBMITTED

INVOICE PROCESSING PLATFORM IPP

907-747-8475

1102066565#

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

40BF

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

USDA-FS CSA NORTHWEST 4

CODE 16. ADMINISTERED BYCODE

X

X

237310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR40BF

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

VERONICA LAMBOY SANTANA

(No collect calls)

INFORMATION CALL:

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

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

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

1 19 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

SITKA AK 99835-1401

PO BOX 1401

ATTN JEREMY TWADDLE

ISLAND ENTERPRISES INC

17a. CONTRACTOR/

Multiple Destinations

15. DELIVER TO

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

9. ISSUED BY

7.

1240BF23D0023

2. CONTRACT NO.

EFFECTIVE DATE

$45

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 4

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.

HRD & JRD ROAD MAINTENANCE

This is a non-personal services contract to provide road maintenance on the Hoonah Ranger District (HRD) and Juneau Ranger District (JRD), Tongass National Forest (TNF).

Period of Performance: 09/30/2023 to 04/30/2024

0001 Hoonah Road System & HRD Warehouse Access Road 1 JC 86,580.00 Includes: Surface Maintenance; Roadway Drainage Maintenance with End Haul; and Brushing.

Continued ...

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

$0.00

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

RAYMOND PADGETT 09/26/2023

. 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

See schedule

29. AWARD OF CONTRACT: REFERENCE

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.

Obligated Amount: $0.00

Award Type: Firm-fixed-price

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery Location Code: 0A03

TONGASS NATIONAL FOREST HOONAH RAN

430 AIRPORT WAY

HOONAH AK 99829 US

0002 8-Fathom Road System, Hoonah 1 JC 41,200.00

Includes: Mobilization and Brushing.

Obligated Amount: $0.00

Award Type: Firm-fixed-price

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery Location Code: 0A03

TONGASS NATIONAL FOREST HOONAH RAN

430 AIRPORT WAY

HOONAH AK 99829 US

0003 Over and Above Work 1 JC 0.00

Obligated Amount: $0.00

Award Type: Firm-fixed-price

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

19 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

ISLAND ENTERPRISES INC

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

1240BF23D0023

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

1001 Hoonah Road System & HRD Warehouse Access Road 1 JC 319,550.00 319,550.00

Includes: Load, Haul, and Place Material; Surface

Maintenance; Roadway Drainage Maintenance

(Sidecast); Roadway Drainage Maintenance (with

End Haul); Brushing; Spot Surfacing; and Riprap.

Award Type: Firm-fixed-price

Amount: $319,550.00Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery Location Code: 0A03

TONGASS NATIONAL FOREST HOONAH RAN

430 AIRPORT WAY

HOONAH AK 99829 US

Period of Performance: 05/01/2024 to 04/30/2025

1002 8-Fathom Road System, Hoonah 1 JC 92,600.00 92,600.00

Includes: Mobilization; Load, Haul, and Place

Material; Roadway Drainage Maintenance

(Sidecast); Roadway Drainage Maintenance (with

End Haul); Brushing; Spot Surfacing; and Riprap.

Award Type: Firm-fixed-price

Amount: $92,600.00Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery Location Code: 0A03

TONGASS NATIONAL FOREST HOONAH RAN

430 AIRPORT WAY

HOONAH AK 99829 US

Period of Performance: 05/01/2024 to 04/30/2025

1003 Salt Lake Bay Road System, Hoonah 1 JC 92,600.00 92,600.00

Includes: Mobilization; Load, Haul, and Place

Material; Roadway Drainage Maintenance

(Sidecast); Roadway Drainage Maintenance (with

End Haul); Brushing; Spot Surfacing; and Riprap.

Award Type: Firm-fixed-price

Amount: $92,600.00Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

4 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

ISLAND ENTERPRISES INC

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

1240BF23D0023

Delivery Location Code: 0A03

TONGASS NATIONAL FOREST HOONAH RAN

430 AIRPORT WAY

HOONAH AK 99829 US

Period of Performance: 05/01/2024 to 04/30/2025

1004 Couverden Road System, Juneau 1 JC 85,000.00 85,000.00

Includes: Mobilization and Brushing.

Award Type: Firm-fixed-price

Amount: $85,000.00Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery Location Code: 0110

USDA FOREST SERVICE

ADMIRALTY NATL MONUMENT JUNEAU RD

8510 MENDENHALL LOOP RD

JUNEAU AK 99801 US

Period of Performance: 05/01/2024 to 04/30/2025

1005 Over and Above Work 4 JC 0.00 0.00

Award Type: Firm-fixed-price

Amount: $0.00Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Period of Performance: 05/01/2024 to 04/30/2025

2001 Hoonah Road System & HRD Warehouse Access Road 1 JC 332,830.00 332,830.00

Includes: Load, Haul, and Place Material; Surface

Maintenance; Roadway Drainage Maintenance

(Sidecast); Roadway Drainage Maintenance (with

End Haul); Brushing; Spot Surfacing; and Riprap.

Award Type: Firm-fixed-price

Amount: $332,830.00Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery Location Code: 0A03

TONGASS NATIONAL FOREST HOONAH RAN

430 AIRPORT WAY

HOONAH AK 99829 US

Period of Performance: 05/01/2025 to 04/30/2026

Continued ...

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

5 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

ISLAND ENTERPRISES INC

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

1240BF23D0023

2002 8-Fathom Road System, Hoonah 1 JC 97,932.50 97,932.50

Includes: Mobilization; Load, Haul, and Place

Material; Roadway Drainage Maintenance

(Sidecast); Roadway Drainage Maintenance (with

End Haul); Brushing; Spot Surfacing; and Riprap.

Award Type: Firm-fixed-price

Amount: $97,932.50Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery Location Code: 0A03

TONGASS NATIONAL FOREST HOONAH RAN

430 AIRPORT WAY

HOONAH AK 99829 US

Period of Performance: 05/01/2025 to 04/30/2026

2003 Salt Lake Bay Road System, Hoonah 1 JC 107,932.50 107,932.50

Includes: Mobilization; Load, Haul, and Place

Material; Roadway Drainage Maintenance

(Sidecast); Roadway Drainage Maintenance (with

End Haul); Brushing; Spot Surfacing; and Riprap.

Award Type: Firm-fixed-price

Amount: $107,932.50Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery Location Code: 0A03

TONGASS NATIONAL FOREST HOONAH RAN

430 AIRPORT WAY

HOONAH AK 99829 US

Period of Performance: 05/01/2025 to 04/30/2026

2004 Couverden Road System, Juneau 1 JC 139,432.50 139,432.50

Includes: Mobilization; Load, Haul, and Place

Material; Roadway Drainage Maintenance

(Sidecast); Roadway Drainage Maintenance (with

End Haul); Brushing; Spot Surfacing; and Riprap.

Award Type: Firm-fixed-price

Amount: $139,432.50Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery Location Code: 0110

Continued ...

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

6 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

ISLAND ENTERPRISES INC

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

1240BF23D0023

USDA FOREST SERVICE

ADMIRALTY NATL MONUMENT JUNEAU RD

8510 MENDENHALL LOOP RD

JUNEAU AK 99801 US

Period of Performance: 05/01/2025 to 04/30/2026

2005 Over and Above Work 4 JC 0.00 0.00

Award Type: Firm-fixed-price

Amount: $0.00Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Period of Performance: 05/01/2025 to 04/30/2026

3001 Hoonah Road System & HRD Warehouse Access Road 1 JC 346,010.00 346,010.00

Includes: Load, Haul, and Place Material; Surface

Maintenance; Roadway Drainage Maintenance

(Sidecast); Roadway Drainage Maintenance (with

End Haul); Brushing; Spot Surfacing; and Riprap.

Award Type: Firm-fixed-price

Amount: $346,010.00Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery Location Code: 0A03

TONGASS NATIONAL FOREST HOONAH RAN

430 AIRPORT WAY

HOONAH AK 99829 US

Period of Performance: 05/01/2026 to 04/30/2027

3002 8-Fathom Road System, Hoonah 1 JC 113,165.00 113,165.00

Includes: Mobilization; Load, Haul, and Place

Material; Roadway Drainage Maintenance

(Sidecast); Roadway Drainage Maintenance (with

End Haul); Brushing; Spot Surfacing; and Riprap.

Award Type: Firm-fixed-price

Amount: $113,165.00Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery Location Code: 0A03

TONGASS NATIONAL FOREST HOONAH RAN

430 AIRPORT WAY

HOONAH AK 99829 US

Continued ...

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

7 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

ISLAND ENTERPRISES INC

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

1240BF23D0023

Period of Performance: 05/01/2026 to 04/30/2027

3003 Salt Lake Bay Road System, Hoonah 1 JC 113,165.00 113,165.00

Includes: Mobilization; Load, Haul, and Place

Material; Roadway Drainage Maintenance

(Sidecast); Roadway Drainage Maintenance (with

End Haul); Brushing; Spot Surfacing; and Riprap.

Award Type: Firm-fixed-price

Amount: $113,165.00Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery Location Code: 0A03

TONGASS NATIONAL FOREST HOONAH RAN

430 AIRPORT WAY

HOONAH AK 99829 US

Period of Performance: 05/01/2026 to 04/30/2027

3004 Couverden Road System, Juneau 1 JC 146,165.00 146,165.00

Includes: Mobilization; Load, Haul, and Place

Material; Roadway Drainage Maintenance

(Sidecast); Roadway Drainage Maintenance (with

End Haul); Brushing; Spot Surfacing; and Riprap.

Award Type: Firm-fixed-price

Amount: $146,165.00Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery Location Code: 0110

USDA FOREST SERVICE

ADMIRALTY NATL MONUMENT JUNEAU RD

8510 MENDENHALL LOOP RD

JUNEAU AK 99801 US

Period of Performance: 05/01/2026 to 04/30/2027

3005 Over and Above Work 4 JC 0.00 0.00

Award Type: Firm-fixed-price

Amount: $0.00Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Period of Performance: 05/01/2026 to 04/30/2027

4001 Hoonah Road System & HRD Warehouse Access Road 1 JC 319,250.00 319,250.00

Continued ...

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

8 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

ISLAND ENTERPRISES INC

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

1240BF23D0023

Includes: Load, Haul, and Place Material; Surface

Maintenance; Roadway Drainage Maintenance

(Sidecast); Roadway Drainage Maintenance (with

End Haul); Brushing; Spot Surfacing; and Riprap.

Award Type: Firm-fixed-price

Amount: $319,250.00Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery Location Code: 0A03

TONGASS NATIONAL FOREST HOONAH RAN

430 AIRPORT WAY

HOONAH AK 99829 US

Period of Performance: 05/01/2027 to 04/30/2028

4002 8-Fathom Road System, Hoonah 1 JC 118,440.00 118,440.00

Includes: Mobilization; Load, Haul, and Place

Material; Roadway Drainage Maintenance

(Sidecast); Roadway Drainage Maintenance (with

End Haul); Brushing; Spot Surfacing; and Riprap.

Award Type: Firm-fixed-price

Amount: $118,440.00Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery Location Code: 0A03

TONGASS NATIONAL FOREST HOONAH RAN

430 AIRPORT WAY

HOONAH AK 99829 US

Period of Performance: 05/01/2027 to 04/30/2028

4003 Salt Lake Bay Road System, Hoonah 1 JC 118,440.00 118,440.00

Includes: Mobilization; Load, Haul, and Place

Material; Roadway Drainage Maintenance

(Sidecast); Roadway Drainage Maintenance (with

End Haul); Brushing; Spot Surfacing; and Riprap.

Award Type: Firm-fixed-price

Amount: $118,440.00Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery Location Code: 0A03

TONGASS NATIONAL FOREST HOONAH RAN

430 AIRPORT WAY

Continued ...

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

9 19

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

ISLAND ENTERPRISES INC

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

1240BF23D0023

HOONAH AK 99829 US

Period of Performance: 05/01/2027 to 04/30/2028

4004 Couverden Road System, Juneau 1 JC 152,940.00 152,940.00

Includes: Mobilization; Load, Haul, and Place

Material; Roadway Drainage Maintenance

(Sidecast); Roadway Drainage Maintenance (with

End Haul); Brushing; Spot Surfacing; and Riprap.

Award Type: Firm-fixed-price

Amount: $152,940.00Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Delivery Location Code: 0110

USDA FOREST SERVICE

ADMIRALTY NATL MONUMENT JUNEAU RD

8510 MENDENHALL LOOP RD

JUNEAU AK 99801 US

Period of Performance: 05/01/2027 to 04/30/2028

4005 Over and Above Work 4 JC 0.00 0.00

Award Type: Firm-fixed-price

Amount: $0.00Option Line Item

Product/Service Code: M1LB

Product/Service Description: OPERATION OF

HIGHWAYS, ROADS, STREETS, BRIDGES, AND RAILWAYS

Period of Performance: 05/01/2027 to 04/30/2028

HRD & JRD ROAD MAINTENANCE (MASTER CONTRACT)

This is a Firm-Fixed Price (FFP), Requirements, Service Contract with up to a 5-Year ordering period. The work to be performed will be specified and funded at the task order level.

This master contract is not funded.

The total amount of award: $2,823,232.50. The obligation for this award is shown in box 26.

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

Additional Terms and Conditions:

FAR and AGAR Clauses

Clauses Incorporated by Reference:

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 and Conditions--Commercial Products and Commercial Services

(DEC 2022)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

Clauses Incorporated by Full Text:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JUN 2023)

(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) 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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C. 3909 and 10 U.S.C. 3801).

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

(7) 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 law or Executive orders applicable to acquisitions of commercial products and commercial services:

☒ (1) 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).

☒ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☒ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (8) 52.204.27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-328).

☒ (9) 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).

☒ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (OCT 2018) (41 U.S.C. 2313).

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

☒ (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and 15 U.S.C. 637(d)(3)).

☒ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (OCT 2022)

(15 U.S.C. 632(a)(2)).

☒ (28) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

☒ (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

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

☒ (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020)

(29 U.S.C. 793).

☒ (34) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

☒ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

☒ (36) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and

E.O. 13627).

☒ (37) 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.)

☒ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) (E.O. 13513).

☒ (52) 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).

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

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

(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:

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

☒ (2) 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) 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).

☒ (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 (JAN 2022) (E.O. 13706).

(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.

(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) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021)

(41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV

2021) (Section 1634 of Pub. L. 115-91).

(iv) 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).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section

102 of Division R of Pub. L. 117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (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 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020)

(29 U.S.C. 793).

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

(xii) 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 52.222-40.

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

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

(xv) 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).

(xvi) 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).

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

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

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

13706).

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

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

(xxi) 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).

(xxii) 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 52.226-6.

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

(MAR 2023) (31 U.S.C. 3909 and 10 U.S.C. 3801). Flown down required in accordance with paragraph (c) of 52.232-40.

(xxiv) 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 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)

52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.

Such orders may be issued from 30 September 2023 through 30 April 2028.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $1,411,616.25;

(2) Any order for a combination of items in excess of $2,823,232.50; or

(3) A series of orders from the same ordering office within 3 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the

Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 Requirements (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may itself furnish within its own capabilities.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the performance of all service requirements on all orders outstanding at the end of the last ordering period of the contract.

52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed

6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of contract expiration.

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

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):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far (FAR Clauses are located in FAR Part 52 at https://www.acquisition.gov/far/part-52)

Department of Agriculture Acquisition Regulation (AGAR): https://www.acquisition.gov/agar (AGAR Clauses are located in AGAR Part 452 at https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses)

Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

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 Regulation (48 CFR

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

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Contract Manager and Quality Control Representative.

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

452.237-75 Restrictions Against Disclosure (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

Modification for Contract Closeout

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1,000 or less remain on the contract, the Contracting

Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1,000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(End of Instruction)

Over and Above Work

(a) Contracts for the performance of maintenance, overhaul, modification, and repair of various items (e.g., heavy equipment, systems) generally contain over and above work requirements. When they do, the contracting officer shall establish a separate contract line item for the over and above work.

(b) Over and above requirements task the contractor to identify needed repairs and recommend corrective action during contract performance. The contractor submits a work request to identify the over and above work and, as appropriate, the Government authorizes the contractor to proceed.

(c) The contractor shall submit the following information for all over and above work: type of work required; detailed work description; specific location, estimated labor hours; materials required to complete the work, and proposed cost. Data shall be sufficient to satisfy contract requirements and obtain the authorization of the Contracting Officer to perform the proposed work.

(d) The contractor shall not proceed with over and above work until the Government promptly reviews the information submitted. The government will verify that the proposed work is required and not covered under the basic contract line item(s) and that the proposed corrective action is appropriate. The government will authorize over and above work as necessary.

(e) All over and above work requests shall be within the scope of the contract and negotiated prior to performance of the work.

(f) Failure to agree on the price of over and above work shall be a dispute within the meaning of the Disputes clause of this contract.

(End of Instruction)