1240LP24Q0021- Laramie RD Trash Collection.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

8508 CODE 16. ADMINISTERED BYCODE

X

X

X

562111

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR40LP

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

03/29/2024 1700 MT

03/11/2024

CURTIS LANDRETH

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240LP24Q0021

5. SOLICITATION NUMBER

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

1 32 1120719OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

LARAMIE WY 82070

2468 JACKSON ST

MEDICINE BOW NATIONAL FOREST

15. DELIVER TO

OGDEN UT 84401-2310

324 25TH ST

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$47

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 INTERMOUNTAIN 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.

Medicine Bow National Forest

Laramie Ranger District Trash Collection Services Delivery: 05/15/2024 Period of Performance: 05/01/2024 to 04/30/2029

0001 Laramie Ranger District Trash Collection Contract

FOB: Destination

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

CURTIS R. LANDRETH

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

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.

1001 Option Year 1: Laramie RD Trash Collection

(Option Line Item)

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

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

2001 Option Year 2: Laramie RD Trash Collection

(Option Line Item)

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

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

3001 Option Year 3: Laramie RD Trash Collection

(Option Line Item)

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

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

4001 Option Year 3: Laramie RD Trash Collection

(Option Line Item)

Product/Service Code: S205

Product/Service Description: HOUSEKEEPING-

TRASH/GARBAGE COLLECTION

Period of Performance: 05/01/2028 to 04/30/2029

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32 2 of

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule

Project Description: Laramie Ranger District Solid Waste Collection

Vendor Name: __________________________________Vendor UEI:___________________

Base Year: Period of Performance: 5/1/2024 - 4/30/2025 Item No.

Site Name Legal Location

(TRS)

Number of Dumpsters

Volume (yd2)

Unit Price

Est. No.

of Pick-ups per Year

Pickup Schedule

Total Cost

0001 SNOWY RANGE

1 Brooklyn Lake

CG

16N 79W

2 2 15 every week

2 Lake Owen CG 14N 78W

2 2 12 every other week

3 Nash Fork CG 16N 79W

2 2 15 every week

4 North Fork CG 16N 78W

5 2 18 every week

5 Pelton Creek CG 13N 79W

1 2 8 every other week

6 Pine CG (Libby Creek)

3N 78W 26 1 2 11 every other week

7 Rob Roy RA lower and Boat Launch

14N 79W 3 3 2 18 every week

8 Rob Roy RA upper

14N 79W 3 3 2 18 every week

9 Sugarloaf RA

(CG)

16N 79W

2 2 13 every week

10 Sugarloaf RA (Lewis Lake Trailhead)

16N 79W

1 2 13 every week

11 Willow CG (Libby Creek)

16N 78W

3 2 11 every other week

Pole Mountain

12 Hidden Valley Group Picnic Site

15N 72W

1 2 5 as requested

13 Tie City CG 15N 72W

1 2 22 every week

14 Vedauwoo RA

(CG)

14N 71W

4 2 24 every week

15 Vedauwoo RA (Tent CG and Gazebo)

14N 71W

3 2 12 every other week

16 Yellow Pine CG 15N 72W

1 2 10 every other week

BASE YEAR: TOTAL COST

Option Year 1: Period of Performance: 5/1/2025 - 4/30/2026 Item No.

Site Name Legal Location

(TRS)

Number of Dumpsters

Volume (yd2)

Unit Price

Est. No.

of Pick-ups per Year

Pickup Schedule

Total Cost

1001 SNOWY RANGE

1 Brooklyn Lake

CG

16N 79W

2 2 15 every week

2 Lake Owen Boat Launch

14N 78W

1 2 12 every other week

3 Lake Owen CG 14N 78W

2 2 12 every other week

4 Lake Owen TH

& FP

14N 78W

1 2 12 every other week

5 Nash Fork CG 16N 79W

3 2 15 every week

6 North Fork CG 16N 78W

5 2 18 every week

7 Pelton Creek CG 13N 79W

1 2 8 every other week

8 Pine CG (Libby Creek)

3N 78W 26 1 2 11 every other week

9 Rob Roy RA lower and Boat Launch

14N 79W 3 3 2 18 every

10 Rob Roy RA upper

14N 79W 3 3 2 18 every week

11 Sugarloaf RA

(CG)

16N 79W

2 2 13 every week

12 Sugarloaf RA (Lewis Lake Trailhead)

16N 79W

1 2 13 every week

13 Willow CG (Libby Creek)

16N 78W

3 2 11 every other week

Pole Mountain 14 Hidden Valley

Group Picnic Site 15N 72W

1 2 6 as requested

15 Tie City CG 15N 72W

1 2 22 every week

16 Vedauwoo RA

(CG)

14N 71W

4 2 24 every week

17 Vedauwoo RA (Tent CG and Gazebo)

14N 71W

3 2 24 every week

18 Yellow Pine CG 15N 72W

1 2 10 every other week

OPTION YEAR 1: TOTAL COST

Option Year 2: Period of Performance: 5/1/2026 - 4/30/2027 Item No.

Site Name Legal Location

(TRS)

Number of Dumpsters

Volume (yd2)

Unit Price

Est. No.

of Pick-ups per Year

Pickup Schedule

Total Cost

2001 SNOWY RANGE

1 Brooklyn Lake

CG

16N 79W

2 2 15 every week

2 Lake Owen Boat Launch

14N 78W

1 2 12 every other week

3 Lake Owen CG 14N 78W

2 2 12 every other week

4 Lake Owen TH

& FP

14N 78W

1 2 12 every other week

5 Nash Fork CG 16N 79W

3 2 15 every

6 North Fork CG 16N 78W

5 2 18 every week

7 Pelton Creek CG 13N 79W

1 2 8 every other week

8 Pine CG (Libby Creek)

3N 78W 26 1 2 11 every other week

9 Rob Roy RA lower and Boat Launch

14N 79W 3 3 2 18 every week

10 Rob Roy RA upper

14N 79W 3 3 2 18 every week

11 Sugarloaf RA

(CG)

16N 79W

2 2 13 every week

12 Sugarloaf RA (Lewis Lake Trailhead)

16N 79W

1 2 13 every week

13 Willow CG (Libby Creek)

16N 78W

3 2 11 every other week

Pole Mountain 14 Hidden Valley

Group Picnic Site 15N 72W

1 2 6 as requested

15 Tie City CG 15N 72W

1 2 22 every week

16 Vedauwoo RA

(CG)

14N 71W

4 2 24 every week

17 Vedauwoo RA (Tent CG and Gazebo)

14N 71W

3 2 24 every week

18 Yellow Pine CG 15N 72W

1 2 10 every other week

OPITON YEAR 2: TOTAL COST

Option Year 3: Period of Performance: 5/1/2027 - 4/30/2028 Item No.

Site Name Legal Location

(TRS)

Number of Dumpsters

Volume (yd2)

Unit Price

Est. No.

of Pick-ups per Year

Pickup Schedule

Total Cost

3001 SNOWY RANGE

1 Brooklyn Lake

CG

16N 79W

2 2 15 every

2 Lake Owen Boat Launch

14N 78W

1 2 12 every other week

3 Lake Owen CG 14N 78W

2 2 12 every other week

4 Lake Owen TH

& FP

14N 78W

1 2 12 every other week

5 Nash Fork CG 16N 79W

3 2 15 every week

6 North Fork CG 16N 78W

5 2 18 every week

7 Pelton Creek CG 13N 79W

1 2 8 every other week

8 Pine CG (Libby Creek)

3N 78W 26 1 2 11 every other week

9 Rob Roy RA lower and Boat Launch

14N 79W 3 3 2 18 every week

10 Rob Roy RA upper

14N 79W 3 3 2 18 every week

11 Sugarloaf RA

(CG)

16N 79W

2 2 13 every week

12 Sugarloaf RA (Lewis Lake Trailhead)

16N 79W

1 2 13 every week

13 Willow CG (Libby Creek)

16N 78W

3 2 11 every other week

Pole Mountain 14 Hidden Valley

Group Picnic Site 15N 72W

1 2 6 as requested

15 Tie City CG 15N 72W

1 2 22 every week

16 Vedauwoo RA

(CG)

14N 71W

4 2 24 every week

17 Vedauwoo RA (Tent CG and Gazebo)

14N 71W

3 2 24 every week

18 Yellow Pine CG 15N 72W

1 2 10 every other

OPTION YEAR 3: TOTAL COST

Option Year 4: Period of Performance: 5/1/2028 - 4/30/2029 Item No.

Site Name Legal Location

(TRS)

Number of Dumpsters

Volume (yd2)

Unit Price

Est. No.

of Pick-ups per Year

Pickup Schedule

Total Cost

4001 SNOWY RANGE

1 Brooklyn Lake

CG

16N 79W

2 2 15 every week

2 Lake Owen Boat Launch

14N 78W

1 2 12 every other week

3 Lake Owen CG 14N 78W

2 2 12 every other week

4 Lake Owen TH

& FP

14N 78W

1 2 12 every other week

5 Nash Fork CG 16N 79W

3 2 15 every week

6 North Fork CG 16N 78W

5 2 18 every week

7 Pelton Creek CG 13N 79W

1 2 8 every other week

8 Pine CG (Libby Creek)

3N 78W 26 1 2 11 every other week

9 Rob Roy RA lower and Boat Launch

14N 79W 3 3 2 18 every week

10 Rob Roy RA upper

14N 79W 3 3 2 18 every week

11 Sugarloaf RA

(CG)

16N 79W

2 2 13 every week

12 Sugarloaf RA (Lewis Lake Trailhead)

16N 79W

1 2 13 every week

13 Willow CG (Libby Creek)

16N 78W

3 2 11 every other week

Pole Mountain 14 Hidden Valley

Group Picnic Site 15N 72W

1 2 6 as requested

15 Tie City CG 15N 72W

1 2 22 every week

16 Vedauwoo RA

(CG)

14N 71W

4 2 24 every week

17 Vedauwoo RA (Tent CG and Gazebo)

14N 71W

3 2 24 every week

18 Yellow Pine CG 15N 72W

1 2 10 every other week

OPTION YEAR 4: TOTAL COST

BASE + 4 OPTION YEAR TOTAL COST

Schedule Notes:

a) Items labeled as optional are not required to be exercised by the government. If exercised, the contractor will be required to perform the optional work in accordance with the terms and conditions of this contract.

b) One award will be made from this solicitation, contractors must submit pricing for all items.

Description of Requirement

1.0 Scope of Work

Work will be focused on collection and disposal of refuse from 38 dumpsters across 18 recreation sites near the town of Laramie WY. Frequency of pick-up range between 5 times to 24 times between the Months of May-November each year. The Contractor shall provide all required dumpsters at specified locations perform trash collection without impeding the flow of traffic. The Contractor shall be responsible for placing dumpster in a safe, stable location and all bagged trash that is net to, or on top of the dumpster is to be picked up and hauled away.

2.0 Background

Collection and disposal of 38 dumpsters across 18 recreation sites. The Contractor shall be responsible for providing and placing dumpster in a safe, stable location and all bagged trash that is net to, or on top of the dumpster is to be picked up and hauled away.

Location

The facilities included under this contract are located on the Laramie Ranger District within the Medicine Bow/Routt National Forest. The Snowy Range is approximately 35 miles west of Laramie, Wyoming, and Pole Mountain is approximately 5 miles east of Laramie. Centennial is located approximately 27 miles west of Laramie. Please refer to Attachments of this solicitation package for maps and site locations.

Contractor Requirements

3.0 Technical Requirements / Tasks

Contractor is responsible for disposal of refuse from 38 dumpsters across 18 recreation sites near the town of Laramie WY. Frequency of pick-up range between 5 times to 24 times between the Months of May-November each year. One pick up, as shown on the schedule of items, means that all of the dumpsters at that recreation site are picked up. For example, Brooklyn Lake Campground shows as having 15 pick ups and 2 dumpsters. This means that over the course of the summer the contractor will visit Brooklyn Lake Campground 15 times and collect both dumpsters each time.

The Contractor will be responsible for repairing/replacing dumpsters with broken parts that compromise the function or use of the bear proof dumpster.

4.0 Government Furnished

Trash pick-up will occur in the following 18 recreation sites listed below between May and November of each year, opening time will vary based on the elevation and weather conditions of the site. The Contractor shall be responsible for providing and placing dumpster in a safe, stable location and all bagged trash that is net to, or on top of the dumpster is to be picked up and hauled away. Past contracts used top loading trash compactor trucks to perform this work. (map Provided)

Brooklyn Lake Campground Lake Owen Boat Launch Lake Owen Campground Lake Owen Trailhead and Fishing Pier Nash Fork Campground North Fork Campground Pelton Creek Campground Pine Campground (Libby Creek) Rob Roy Recreation Area (lower and boat launch) Rob Roy Recreation Area (upper campground) Sugarloaf Recreation Area (campground) Sugarloaf Recreation Area (Lewis Lake Trailhead) Willow Campground (Libby Creek) Hidden Valley Group Picnic Site Tie City Campground Vedauwoo Recreation Area (main campground) Vedauwoo Recreation Area (Tent Campground and Gazebo) Yellow Pine Campground

5.0 Deliverables / Schedule

a. Base Period of Performance: May 1, 2024 – May 31, 2025

b. Option Period 1: May 1, 2025 – May 31, 2026

c. Option Period 2: May 1, 2026 – May 31, 2027

d. Option Period 3: May 1, 2027 – May 31, 2028

e. Option Period 4: May 1, 2028 – May 31, 2029

5.1 Start Work

It is estimated that the Notice to Proceed (NTP) under this contract will be issued within five (5) days from start of actual performance on the contract at campground locations.

Frequency of pick-up range between 5 times to 24 times per site between the Months of May- November each year. Bear proof dumpsters are provided at each site. Distance from the city of Laramie WY to the campgrounds range from 52 miles to 12 miles.

5.2 Accessibility

Access to sites is by all-weather and seasonal roads. Exceptions will be shown on the project area map. Some units may not be accessible due to inclement weather at any time of year.

Some facilities, as designated on the project map, may require access through locked public or private gates. Contractor shall work with the appropriate Administrative Office to secure keys required for access through locked gates and when additional arrangements are required. The Contractor shall be responsible for the cost of replacement gate keys and locks if keys are not returned. Cost per lost key is $300.00.

5.3 Facility Priority

The Government reserves the right to direct the sequencing of the work. Certain project areas may be designated a high priority, which would require earlier completion than other areas. The contractor shall be notified by the Contracting Officers Representative when such priorities take place.

5.4 Quality Control

CONTRACTOR QUALITY CONTROL - The Contractor shall develop and maintain a quality program to ensure trash pickups are performed in accordance with commonly accepted commercial practices, which may include service checklists or reports. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

GOVERNMENT QUALITY ASSURANCE/INSPECTION/ACCEPTANCE –

The COR will perform inspections as necessary to evaluate the quality of work being performed. At any time when work is performed and is not in compliance with specifications, the Contractor will be informed and required to correct the deficiencies in accordance with Clause FAR 52.246-4, Inspection of Services – Fixed Price. Acceptance of work will be determined by inspection of the entire job and will be based on adherences to the specifications.

Contractor will communicate with the COR via email or phone within 24 hours after each scheduled trash pick-up has been completed. Contractor has 72 hours to perform requested trash services once a request has been placed. These requests need to be met 95% of the time.

6.0 Travel

Driving Safety and Hauling: All drivers shall adhere to all Federal, State, and Local requirements during the course of the performance of work on this contract. Public Safety shall be the first priority.

All drivers shall have a valid State driver’s license and appropriate state permits for solid waste hauling.

7.0 Contractor’s Key Personnel

A list of qualified contractor personnel performing the service shall be provided at time of quotation submission.

a. The Contractor shall be responsible for selecting personnel who are well qualified to perform the required services, for supervising techniques used in their work and for keeping them informed of all changes and method of operations. Prior experience with trash removal and the operation of associated equipment for trash removal is required.

b. The Contracting Officer may direct the Contractor to remove, and the Contractor shall remove any employee from an assignment to perform services under this contract for reasons of security, performance, and/or misconduct.

c. Where the reason for the removal request is due solely to misconduct or security on the part of the employee, replacement will be at the Contractor’s expense and not chargeable to the Government.

d. The Government shall not exercise any supervision or control over Contractor employees performing services under this contract. Such Contractor employees shall be accountable not to the Government, but solely to the Contractor, who, in turn, shall be accountable to the Government.

8.0 Fire Protection

Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

Fire Tools The Contractor will provide for each employee in the contract area at least one approved hand tool of a type appropriate in the contract area, such as shovel, Pulaski, or ax. Where additional tools, beyond those required below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

a. One - fire extinguisher, dry chemical type of not less than 2-1/2-pound capacity with 4 BC or higher rating.

b. One - shovel, round point #0 or equal.

c. One - water container (at least 1-gallon capacity), not required with stationary equipment.

Smoking. Smoking shall be permitted inside an enclosed vehicle, when in the facility. The exception is on surfaced or dirt roads, and shall never be allowed while working or traveling on foot.

ShaneGalles Highlight remove extra para. space for readability

ShaneGalles Highlight

Laramie Trash Locations for Google Earth – This .kml file can be opened online using Google Earth. It shows the locations that dumpsters will be needed at. This method of delivery is easier and more convenient than providing multiple maps or a table of GPS coordinates.

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

52.203-3 Gratuities (APR 1984)

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

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

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

(NOV 2023)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (DEC 2023) )[DEVIATION JAN 2024]

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 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 Covered Entities (Dec 2023) (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) 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-regarding-new-trade-agreements-thresholds.pdf

(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).

☐ (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 (Nov 2023) (Whistleblower Guidance to Contractor Employees)

☒ (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) [Reserved].

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

☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

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

☐ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders – Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023) (Pub. L. 115-390) ☐ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023)

(Pub. L. 115-390, title II) ☐ (ii) Alternate I (Dec 2023) of 52.204-30.

☒ (12) 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).

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

☐ (14) [Reserved].

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

U.S.C.657a).

☐ (16) (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).

☐ (17) [Reserved] ☒ (18) (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.

☐ (19) (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.

https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fcontent.govdelivery.com%2Fattachments%2FUSDAPSD%2F2023%2F04%2F04%2Ffile_attachments%2F2456937%2FWhistleblower%2520Guidance.docx&wdOrigin=BROWSELINK

☒ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

☐ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (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 2023) of 52.219-9.

☐ (22) (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

☐ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022)

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

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

632(a)(2)).

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

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

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

637(m)).

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

644(r)).

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

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

☒ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023)

(E.O.13126).(DEVIATION JAN 2024)

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

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

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

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

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

☒ (36) (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.

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

☐ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

☒ (39) (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).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf

☐ (40) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (41) (i) 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.)

☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (44) (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.

☐ (45) (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.

☐ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (47) (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.

☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

☒ (52)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

☐(ii) Alternate I (Oct 2022) of 52.225-1 ☐ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐(ii) Alternate I [Reserved] ☐(iii) Alternate II (Dec 2022) of 52.225-3.

☐(iv) Alternate III (Nov 2023) of 52.225-3 (DEVIATION JAN 2024).

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

☐ (54) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (55) 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).

☐ (56) 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).

https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf

☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

☐ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (60) 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).

☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov

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

☐ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

(31 U.S.C. 3332).

☒ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management

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

☐ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (67) (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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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

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

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

(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).

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

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

(B) Alternate I (Dec 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (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.

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

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

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

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

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

(xiv) 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.

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

(xvi) (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).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

2022).

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

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

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

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 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.

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

(xxvi) 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 from the expiration of this 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 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 5 years.

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

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)

52.228-5 Insurance – Work on a Government Installation (JAN 1997)

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:

Base Period of Performance: May 1, 2024 – May 31, 2025 Option Period 1: May 1, 2025 – May 31, 2026 Option Period 2: May 1, 2026 – May 31, 2027 Option Period 3: May 1, 2027 – May 31, 2028 Option Period 4: May 1, 2028 – May 31, 2029

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 at: VIA Microsoft Teams meeting.

452.228-71 Insurance Coverage (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

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.

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: Contract Manager.

(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.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the…