1240LP23Q0049 RFQ Solicitation.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

40LP

OGDEN UT 84401-2310

324 25TH ST

USDA-FS CSA INTERMOUNTAIN 4

82BE CODE 16. ADMINISTERED BYCODE

X

X

X

561720

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR40LP

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/28/2023 1100 MD

04/07/2023

605-673-9321PATRICK DELANEY

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240LP23Q0049

5. SOLICITATION NUMBER

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

1 36 1092758OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

STEAMBOAT SPRINGS CO 80487-9315

925 WEISS DRIVE

HAHNS PEAK RD

USDA FOREST SERVICE

15. DELIVER TO

OGDEN UT 84401-2310

324 25TH ST

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA INTERMOUNTAIN 4

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 06/01/2023 to 09/30/2023

0001 CONT HPBE REC SITE TOILET CLEANING

Base year plus three option years, Jun 1, 2023 through Sep 30, 2026

0002 Option Year 1 for Vault Toilet Cleaning (Option Line Item) Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

SHANE S. GALLES

. 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 FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

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:

REF.

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. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Product/Service Code: S201

Product/Service Description: HOUSEKEEPING-

CUSTODIAL JANITORIAL

Period of Performance: 06/01/2024 to 05/31/2025

0003 Option year 2 for Vault Toilet Cleaning

(Option Line Item)

Product/Service Code: S201

Product/Service Description: HOUSEKEEPING-

CUSTODIAL JANITORIAL

Period of Performance: 06/01/2025 to 05/31/2026

0004 Option year 3 for Vault Toilet Cleaning

(Option Line Item)

Product/Service Code: S201

Product/Service Description: HOUSEKEEPING-

CUSTODIAL JANITORIAL

Period of Performance: 06/01/2026 to 09/30/2026

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

36 2 of

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule

Schedule of Items

Project Description:_Hahns Peak Bears Ears Restroom Cleaning Contract_____

Vendor Name: __________________________________Vendor UEI:___________________

Schedule Notes:

Description of Requirement

1.0 Background and Purpose

This contract provides Janitorial services-toilet cleaning and minor trash removal to be performed on recreation facilities located on Hahn’s Peak Bears Ears Ranger District on the Medicine Bow - Routt National Forest.

2.0 Definitions

Hahns Peak Bears Ears Ranger District (HPBE.)

3.0 Contractor Requirements

3.1 Technical Requirements / Tasks

This contract provides for Janitorial services-toilet cleaning and trash removal to be performed on recreation facilities located on the Medicine Bow - Routt National Forest. The contractor shall furnish the necessary personnel, supplies (except toilet paper) and transportation to perform the services and ensure that the designated areas present a clean, orderly, and well-kept appearance.

3.2 Cleaning Services

A. Cleaning toilets - stainless steel or plastic toilet riser interiors shall be cleaned with a toilet brush or pressure washer and appropriate cleanser. Toilet exteriors shall be cleaned with disposable paper products and appropriate cleanser. Toilet exteriors shall be cleaned using a detergent/disinfectant /odor eliminator.

Excess solution and cleanser residue shall be wiped dry from seats and risers.

B. Cleaning Walls - All interior and exterior walls shall be wiped clean of dirt, debris and writings. Spider webs and debris on ceilings and porch roof beams shall be removed whenever present.

C. Cleaning floors - All floors and entry walk shall be kept clean of dirt, debris, writing stains, and heel marks. Sweep and mop the floors with a clean chemical solution of disinfectant. The debris obtained from the floor shall be deposited in a trash container or hauled off by the Contractor. Excess water/solution shall be removed from floors and exterior entry walk.

D. Cleaning Doors - Doors shall be cleaned inside and out, of any dirt, debris, or writing. Doors shall not be propped open with rocks. Metal door stops with rubber tips or other approved devices may be used.

E. Graffiti/Sticker Graffiti and stickers will be removed from the building interior and exterior.

F. Toilet Paper - Check all toilet paper holders every service day to ensure that each roller has at least 1/4 roll on it and will move freely. All glued ends of new toilet paper rolls shall be loosened prior to installing in dispensers. Leave no loose ends showing from top of dispenser.

G. Pick-up trash from inside of the buildings.

1. All trash and debris within a radius of ten feet of the toilet unit shall be picked up and deposited in the trash container located in the parking lot/recreation area or hauled off by the contractor. Trash and debris include, but are not limited to, bottles paper bags, bottle caps, or tabs, or other foreign matter more than one inch in diameter.

H. Beehive, wasp and hornet nests will be eradicated within a 10-foot radius of the restroom building by the contractor.

3.3 Other Requirements

A. The Contractor's vehicle shall be pulled off the road enough to allow traffic to pass. Parking spaces shall not be used by the contractor nor his equipment. Maximum speed limit in parking lots/recreation areas is TEN (10) miles per hour and is to be observed by the Contractor and his employees.

B. The contractor shall notify the Contracting Officer Representative of any leaks, damage or breakage to any of the units being serviced. Notification shall be given as soon as possible and in no cases longer than 12 hours after discovery so that repair arrangements can be made. If damage poses a hazardous or unsafe condition, the Contractor shall lock the unit.

4.0 Location

Restrooms are located on the Hahn’s Peak/Bears Ears Ranger District of the Routt National Forest and lie within multiple developed Recreation Sites. Locations are easily accessible from Steamboat Springs, CO.

Four Wheel drive may be required at any time when accessing these vaults. *See attachment Map HPBE Restroom Cleaning Map for general vault locations. Attached Map/directions showing the general vicinity and/or specific work areas are included. Maps are general in nature and are not to be considered as definitively identifying locations.

4.1 Schedule

Estimated Period of Performance: Jun 1, 2023, thru September 30, 2023.

Restrooms are cleaned once per week on either Fridays or Mondays and a schedule will be determined after award. The contractor shall furnish a work schedule to show approximately what time of day each of the recreation areas will be cleaned. The work schedule shall be given to the Contracting Officer Representative at time of the Pre-Work Meeting. Once schedule is finalized any changes must be preapproved by the COR.

Restrictions on Work:

A. Work cannot start before 7 A.M. and must finish by 8 P.M.

B. Dates of service agreement.

C. When the Contracting Officer (or designated representative) determines that adverse weather has made access too dangerous of that continued vehicular travel would cause unacceptable road damage.

NOTE: The government assumes no responsibilities for any conclusions for interpretations made by the Contractor based on information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of a contract based on this solicitation unless that understanding or representation in expressly stated in the contract.

4.2 Deliverables

Timely submission of deliverables is essential to successful completing this requirement. Schedules for deliverables are specified in Exhibit B. All deliverables shall be prepared and submitted according to format, content, and schedule described in exhibit 1. All “hard copy” deliverables will be submitted on recycled content paper and printed double-sided.

4.2.1 Quality Control Plan

The contractor shall implement a quality control program to assure performance standards in the contract are being consistently met or exceeded. A written quality control plan addressing all aspects of the contractor's custodial operations and procedures will be provided to the Contracting Officer within 10 days after start of contract. The plan shall also describe how the contractor will utilize its quality control to foster optimum customer service.

4.2.2 Bio-based product list

Products utilized that are designated for preferred procurement under USDA's Bio-Preferred program must meet the required minimum bio-based content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their bio-based products such as bio-based content. Products can also be found and compared at http://www.greenseal.org/findaproduct/index.cfm or comparable sites.

In addition to the bio-based products designated by the U.S. Department of Agriculture in the Bio- Preferred Program, the Contractor is encouraged to use other bio-based products.

The Contractor shall submit with the initial proposal a complete list of bio-based products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

Cleaning supplies will meet State and Federal Environmental Protection Agency (EPA) requirements and shall be kept in on orderly and safe manner designated for that purpose.

4.2.3 Weekly Performance Log

Contractor shall post Cleaning Log in each bathroom. The employee who cleaned and disinfected the area shall notate, on the log, the time and date cleaning and disinfection was completed.

Exhibit 1 Key Deliverables Item No. Deliverable Objective Due 1 Quality Control

Plan Ref. task 4.2.1 10 days after award

2 Bio-based Product List

Ref Task 4.2.2 At time of quotation submission

3 Weekly Performance Log

Ref Task 4.2.3 At start of Performance & throughout life of contract.

5.0 Furnished Property

5.1 Contractor Furnished Property

The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states will be furnished by the Government. Examples of Items to be furnished by the Contractor include, but are not limited to the following:

A. Vehicle large enough to carry supplies, equipment, and adequate supply of water B. Brooms C. Mops - string type D. Sponges E. Rags F. Buckets G. Cleanser (Bio-Based product)

H. Detergent/disinfectant (Bio-Based Product) I. Toilet brushes J. Graffiti and sticker remover K. Pressure washer L. Hornet and wasp killer

5.2 Government Furnished

A. Toilet Paper B. Hand Sanitizer

6.0 Travel

Mileage expense will adhere to the Government Mileage Reimbursement Rate https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-mileage-rates/pov-mileage-rates-archived.

7.0 Contractor’s Key Personnel

The Contractor shall provide a contract manager who must be responsible for the performance of the work. The name of this person, and the alternate(s) who must act for the Contractor when the manager is absent, must be designated in writing to the Contracting Officer.

The Contractor shall supply some type of identification that must be worn at all times while performing the services of this contract by the Contractor and his/her employees.

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity. All work under this contract shall be performed in a manner providing a minimum of interference with users of the area. The Contractor and his/her employees shall always be courteous to the public. The Contractor shall be responsible for taking such disciplinary action with respect to his/her employees as may be necessary.

8.0 Performance Requirement Measures

Performance Requirements Summary

Performance Task (PWS Reference)

Performance Indicator Performance Standard

Acceptable Quality Level (AQL)

Method of Surveillance

Timeliness and Accuracy of Services performed.

PWS Para 3.0 100% cleaning performed according to Paragraph 4.0 Deliverable/schedule

95% of all performance standards meet (PWS)

Periodic checks and monitoring of cleaning log.

Cleaning Services PWS Para. 3.2 100% adherence to performance requirements is required.

Not to exceed 3 reported occurrences with less than 100% compliance as reported by the COR on the Quality Assurance Report.

Random Sampling, Monthly Quality Assurance Report

The contractor shall implement a quality control program to assure performance standards in the contract are being consistently met or exceeded. A written quality control plan addressing all aspects of the contractor's custodial operations and procedures will be provided to the Contracting Officer within 10 days after start of contract.

Contractor shall post Cleaning Log in each bathroom. The employee who cleaned and disinfected the area shall notate, on the log, the time and date cleaning and disinfection was completed.

https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-mileage-rates/pov-mileage-rates-archived https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-mileage-rates/pov-mileage-rates-archived

SCHEDULE OF ITEMS

SECTION B: SUPPLIES/SERVICES & PRICES/COSTS

Hahns Peak Ranger District Restroom Janitorial

Solicitation No. 1240LP23Q0049

Base Period – June 1, 2023 – September 30, 2023 Hahns Peak Ranger District Restroom Janitorial

ITEM NO. DESCRIPTION UNIT Risers

Service Weeks Quantity

UNIT

PRICE TOTAL PRICE

SERVICE LOCATIONS ITEM –

North Route

01 Seedhouse Campground Each 4 18

02 Hinman Campground Each 4 18

03 Hahns Peak Campground Each 5 18

04 Hahns Peak Day use Each 1 18

Milage Rate (90Mi *.665) = 58.95

06 Hours (2.75*30) 18

SERVICE LOCATION ITEM 2 –

Rabbit Ears

07 Dumont Day Use Each 4 18

08 Dumont Campground Each 6 18

09 Meadows Campground Each 8 18

Milage Rate (50 Mi *.665) = 32.75

11 Hours (1.25*30) 18

SERVICE LOCATION ITEM 3 –

Town

12 Fish Creek Falls Each 4 18

13 Dry Lake TH Each 2 18

14 Dry Lake Campground Each 2 18

Milage Rate (25 Mi *.665) = 16.40

16 Hours (1*30) 18

TOTAL for Base Period :

SCHEDULE OF ITEMS

SECTION B: SUPPLIES/SERVICES & PRICES/COSTS

Hahns Peak Ranger District Trailhead Janitorial

Solicitation No. 1240LP23Q0049

Option Year 1– May 24, 2024 – September 30, 2024 Hahns Peak Ranger District Restroom Janitorial

ITEM NO. DESCRIPTION UNIT Risers

Service Weeks Quantity

UNIT

PRICE TOTAL PRICE

SERVICE LOCATIONS ITEM –

North Route

01 Seedhouse Campground Each 4 19

02 Hinman Campground Each 4 19

03 Hahns Peak Campground Each 5 19

04 Hahns Peak Day use Each 1 19

Milage Rate (90Mi *.665) = 58.95

06 Hours (2.75*30) 19

SERVICE LOCATION ITEM 2 –

Rabbit Ears

07 Dumont Day Use Each 4 19

08 Dumont Campground Each 6 19

09 Meadows Campground Each 8 19

Milage Rate (50 Mi *.665) = 32.75

11 Hours (1.25*30) 19

SERVICE LOCATION ITEM 3 –

Town

12 Fish Creek Falls Each 4 19

13 Dry Lake TH Each 2 19

14 Dry Lake Campground Each 2 19

Milage Rate (25 Mi *.665) = 16.40

16 Hours (1*30) 19

TOTAL for Option Year 1:

SCHEDULE OF ITEMS

SECTION B: SUPPLIES/SERVICES & PRICES/COSTS

Hahns Peak Ranger District Trailhead Janitorial

Solicitation No. 1240LP23Q0049

Option year 2 – May 23, 2025 – September 30, 2025 Hahns Peak Ranger District Restroom Janitorial

ITEM NO. DESCRIPTION UNIT Risers

Service Weeks Quantity

UNIT

PRICE TOTAL PRICE

SERVICE LOCATIONS ITEM –

North Route

01 Seedhouse Campground Each 4 19

02 Hinman Campground Each 4 19

03 Hahns Peak Campground Each 5 19

04 Hahns Peak Day use Each 1 19

Milage Rate (90Mi *.665) = 58.95

06 Hours (2.75*30) 19

SERVICE LOCATION ITEM 2 –

Rabbit Ears

07 Dumont Day Use Each 4 19

08 Dumont Campground Each 6 19

09 Meadows Campground Each 8 19

Milage Rate (50 Mi *.665) = 32.75

11 Hours (1.25*30) 19

SERVICE LOCATION ITEM 3 –

Town

12 Fish Creek Falls Each 4 19

13 Dry Lake TH Each 2 19

14 Dry Lake Campground Each 2 19

Milage Rate (25 Mi *.665) = 16.40

16 Hours (1*30) 19

TOTAL for Option Year 2 :

SCHEDULE OF ITEMS

SECTION B: SUPPLIES/SERVICES & PRICES/COSTS

Hahns Peak Ranger District Restroom Janitorial

Solicitation No. 1240LP23Q0049 Option Year 3– May 2, 2026 – September 30, 2026 Hahns Peak Ranger District Restroom Janitorial

ITEM NO. DESCRIPTION UNIT Risers

Service Weeks Quantity

UNIT

PRICE TOTAL PRICE

SERVICE LOCATIONS ITEM –

North Route

01 Seedhouse Campground Each 4 19

02 Hinman Campground Each 4 19

03 Hahns Peak Campground Each 5 19

04 Hahns Peak Day use Each 1 19

Milage Rate (90Mi *.665) = 58.95

06 Hours (2.75*30) 19

SERVICE LOCATION ITEM 2 –

Rabbit Ears

07 Dumont Day Use Each 4 19

08 Dumont Campground Each 6 19

09 Meadows Campground Each 8 19

Milage Rate (50 Mi *.665) = 32.75

11 Hours (1.25*30) 19

SERVICE LOCATION ITEM 3 –

Town

12 Fish Creek Falls Each 4 19

13 Dry Lake TH Each 2 19

14 Dry Lake Campground Each 2 19

Milage Rate (25 Mi *.665) = 16.40

16 Hours (1*30) 19

TOTAL for Option Year 3:

SCHEDULE OF ITEMS

SECTION B: SUPPLIES/SERVICES & PRICES/COSTS

Hahns Peak Ranger District Restroom Janitorial

Solicitation No. 1240LP23Q0049

SCHEDULE OF ITEMS

SECTION B: SUPPLIES/SERVICES & PRICES/COSTS

TOTAL for Base Year:

TOTAL for Option Year 1:

TOTAL for Option Year 2:

TOTAL for Option Year 3:

Contract TOTAL

Hahns Peak Ranger District Restroom Janitorial

SECTION C - CONTRACT CLAUSES

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) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

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) (DEVIATION 2017-1)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAR 2023) (DEVIATION 2017-1, DEVIATION DEC 2022)

(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.3903 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. 3805note)).

(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:

[Contracting Officer check as appropriate.] ☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I

(Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

☐ (3) 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) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1)

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

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

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

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15

U.S.C.657a).

☐ (12) (i) 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).

☐ (13) [Reserved] ☒ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

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

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

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

☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and

(3)).(DEVIATION DEC 2022)

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

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

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

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

☐ (v) Alternate IV (Sep 2021) of 52.219-9.

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

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

☐ (19) 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.

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022)

(15 U.S.C. 657f).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-implement-whistleblower-protection.pdf https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-threshold-small-disadvantaged-business.pdf

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C.

632(a)(2)).

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

☐ (23) 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)).

☐ (24) 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)).

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

☐ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

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

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

☐ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

☒ (35) (i) 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. chapter78 and E.O. 13627).

☐ (36) 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.)

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

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

☐ (48)(i) 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) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (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 52.225-3.

☐(iv) Alternate III (Jan 2021) of 52.225-3.

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

☐ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) 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) 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) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

☐ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (56) 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).

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

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

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

(31 U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management

(Jul 2013) (31 U.S.C.3332).

☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (63) (i) 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 52.247-64.

☐ (iii) Alternate II (Nov 2021) of 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) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (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).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage/Fringe Benefits

☐ (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).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 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) 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).

☒ (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).

☐ (9) 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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 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) 52.219-8, 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.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

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

(xi) 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.

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

(xiii) (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).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan

2022).

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

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

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

(xx) 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).

(xxi) 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.

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

(xxiii) 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.

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 the expiration of the contract.

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 15 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 _4 Years__.

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013)

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

52.242-17 Government Delay of Work (APR 1984)

52.245-1 Government Property (SEP 2021) Alt 1 (APR 2012)

52.245-9 Use and Charges (APR 2012)

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

452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

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

FAR 13:

(a) If unobligated funds in the amount of $1000 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 $1000 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.

452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract is from 1 June 2023 through 30 September 2026.

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held Via Teams Call__.

452.236-73 Archaeological or Historic Sites (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf

452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: ________________.

(b) During the first ninety (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 calendar 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. It may be grounds for termination if initial key personnel requirements are not abided by.

(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 calendar 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.

Employment of Eligible Workers

1. General

This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at http://www.dol.gov/whd/mspa/index.htm.

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S.

to perform temporary labor or services) a Temporary Employment Certification issued http://www.dol.gov/whd/mspa/index.htm by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC's website at http://www.foreignlaborcert.doleta.gov/ or Wage and Hour's website at http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

2. Definitions

1. H-2B worker: as used in this part means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa (H-2B worker) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

2. Migrant Agricultural Worker and Seasonal Agricultural Worker: as used in this part means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis.

A worker, moving from one seasonal activity to another, is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year.

An overnight absence from the migrant workers permanent place of residence is required.

Members of the contractor's immediate family are not considered migrant or seasonal workers. Immediate family includes:

1. Spouse

2. Children, stepchildren, or foster children

3. Parents, stepparents, or foster parents, or

4. Brothers and sisters

3. Farm Labor Contractor (FLC). As used in this part means a person including an individual, partnership, association, joint stock company or a corporation, who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

3. Registration Requirements

1. Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment Certificate.

General information about the H-2B program can be found on Fact Sheet # 78 at http://www.foreignlaborcert.doleta.gov/ http://www.dol.gov/whd/immigration/H2BFinalRule/index.htm http://www.dol.gov/whd/regs/compliance/whdfs78.htm. Contractors can apply for the certificate through the US DOL Employment & Training Administration's on line iCERT Visa Portal System at https://icert.doleta.gov/ or by paper application.

2. Any contractor who meets the definition in (2.c.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal DOL Farm Labor Contractor Certificate of…