1240LP24Q0061 RFQ for SRD Portable Toilet Rental.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

82Y8 CODE 16. ADMINISTERED BYCODE

X

X

X

562991

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

06/11/2024 1200 MT

05/29/2024

605-673-9348TINA FRANKENBERY

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240LP24Q0061

5. SOLICITATION NUMBER

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

1 28 1124377OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

GRANBY CO 80446

9 TEN MILE DRIVE

SULPHUR RANGER DISTRICT

USDA FOREST SERVICE

15. DELIVER TO

OGDEN UT 84401-2310

324 25TH ST

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$9

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.

Arapaho & Roosevelt National Forest, Sulphur Ranger District (SRD) Portable Toilet Rental Period of Performance: 06/24/2024 to 05/31/2029

0001 Base Year - SRD Portable Toilet Rental (Award date - 5/31/2025) Product/Service Code: W085 Product/Service Description: LEASE OR RENTAL OF

EQUIPMENT- TOILETRIES

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

STEPHEN D. HOLLY

. 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.

Delivery: 05/31/2025

Period of Performance: 06/24/2024 to 05/31/2025

1001 Option Year 1 - SRD Portable Toilet Rental - OY1

(Option Line Item)

Delivery: 05/31/2026

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

2001 Option Year 2 - SRD Portable Toilet Rental - OY2

(Option Line Item)

Delivery: 05/31/2027

Period of Performance: 06/01/2026 to 05/31/2027

3001 Option Year 3 - SRD Portable Toilet Rental - OY3

(Option Line Item)

Delivery: 05/31/2028

Period of Performance: 06/01/2027 to 05/31/2028

4001 Option Year 4 - SRD Portable Toilet Rental - OY4

(Option Line Item)

Delivery: 05/31/2029

Period of Performance: 06/01/2028 to 05/31/2029

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

28 2 of

FAC 2024-03 February 23, 2024

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule

Project Description: Sulphur Ranger District (SRD) Portable Toilet Rental

Vendor Name: __________________________________Vendor UEI: _____________________

Address: ________________________________ Phone #: __________________________

Email: ________________________________ Contact Person: _______________________

SCHEDULE OF ITEMS - SRD Portable Toilet Rental

0001 Period of Performance - Base Year: 06/2024 (award date) - 05/31/2025

Item #

UNIT TYPE

LOCATION

QTY

Cost Per Week

Number of Weeks

Total Amount

01 ADA Portable Toilet Elk Meadows Trailhead 1 52 $ 02 Cleaning Elk Meadows Trailhead 1 52 $ 03 ADA Portable Toilet Leland Creek Trailhead 1 52 $ 04 Cleaning Leland Creek Trailhead 1 52 $ 05 ADA Portable Toilet Lower Creekside Trailhead 1 52 $ 06 Cleaning Lower Creekside Trailhead 1 52 $ 07 ADA Portable Toilet Blue Sky Trailhead 1 26 $ 08 Cleaning Blue Sky Trailhead 1 26 $ 09 ADA Portable Toilet Jim Creek Trailhead 1 26 $ 10 Cleaning Jim Creek Trailhead 1 26 $ 11 ADA Portable Toilet Rainbow Bay Picnic Area 1 26 $ 12 Cleaning Rainbow Bay Picnic Area 1 26 $ 13 ADA Portable Toilet Shadow Mountain Dam Trailhead 1 26 $ 14 Cleaning Shadow Mountain Dam Trailhead 1 26 $ 15 ADA Portable Toilet St. Louis Creek Trailhead 1 26 $ 16 Cleaning St. Louis Creek Trailhead 1 26 $ 17 ADA Portable Toilet Twin Bridges Trailhead 1 26 $ 18 Cleaning Twin Bridges Trailhead 1 26 $ 19 ADA Portable Toilet Willow Creek Reservoir Fishing Site 1 26 $ 20 Cleaning Willow Creek Reservoir Fishing Site 1 26 $ 21 Delivery of Units All locations 10 $

Excess Trash Removal & Damages

All locations 10

Total for Base Year: $

1001 Period of Performance - Option Year 1: 06/01/2025 - 05/31/2026

Week

01 ADA Portable Toilet Elk Meadows Trailhead 1 52 02 Cleaning Elk Meadows Trailhead 1 52 03 ADA Portable Toilet Leland Creek Trailhead 1 52 04 Cleaning Leland Creek Trailhead 1 52 05 ADA Portable Toilet Lower Creekside Trailhead 1 52 06 Cleaning Lower Creekside Trailhead 1 52 07 ADA Portable Toilet Blue Sky Trailhead 1 52 08 Cleaning Blue Sky Trailhead 1 52 09 ADA Portable Toilet Jim Creek Trailhead 1 52 10 Cleaning Jim Creek Trailhead 1 52 11 ADA Portable Toilet Rainbow Bay Picnic Area 1 52 12 Cleaning Rainbow Bay Picnic Area 1 52 13 ADA Portable Toilet Shadow Mountain Dam Trailhead 1 52 14 Cleaning Shadow Mountain Dam Trailhead 1 52 15 ADA Portable Toilet St. Louis Creek Trailhead 1 52 16 Cleaning St. Louis Creek Trailhead 1 52 17 ADA Portable Toilet Twin Bridges Trailhead 1 52 18 Cleaning Twin Bridges Trailhead 1 52 19 ADA Portable Toilet Willow Creek Reservoir Fishing Site 1 52 20 Cleaning Willow Creek Reservoir Fishing Site 1 52

Delivery of ADA Portable Units

All locations

Total Option Year 1: $

2001 Period of Performance - Option Year 2: 06/01/2026 - 05/31/2027

Week

02 Cleaning Elk Meadows Trailhead 1 52 03 ADA Portable Toilet Leland Creek Trailhead 1 52 04 Cleaning Leland Creek Trailhead 1 52 05 ADA Portable Toilet Lower Creekside Trailhead 1 52 06 Cleaning Lower Creekside Trailhead 1 52 07 ADA Portable Toilet Blue Sky Trailhead 1 52 08 Cleaning Blue Sky Trailhead 1 52 09 ADA Portable Toilet Jim Creek Trailhead 1 52 10 Cleaning Jim Creek Trailhead 1 52 11 ADA Portable Toilet Rainbow Bay Picnic Area 1 52

12 Cleaning Rainbow Bay Picnic Area 1 52 13 ADA Portable Toilet Shadow Mountain Dam Trailhead 1 52 14 Cleaning Shadow Mountain Dam Trailhead 1 52 15 ADA Portable Toilet St. Louis Creek Trailhead 1 52 16 Cleaning St. Louis Creek Trailhead 1 52 17 ADA Portable Toilet Twin Bridges Trailhead 1 52 18 Cleaning Twin Bridges Trailhead 1 52 19 ADA Portable Toilet Willow Creek Reservoir Fishing Site 1 52 20 Cleaning Willow Creek Reservoir Fishing Site 1 52

Total for Option Year 2: $

3001 Period of Performance - Option Year 3: 06/01/2027 - 05/31/2028

Week

02 Cleaning Elk Meadows Trailhead 1 52 03 ADA Portable Toilet Leland Creek Trailhead 1 52 04 Cleaning Leland Creek Trailhead 1 52 05 ADA Portable Toilet Lower Creekside Trailhead 1 52 06 Cleaning Lower Creekside Trailhead 1 52 07 ADA Portable Toilet Blue Sky Trailhead 1 52 08 Cleaning Blue Sky Trailhead 1 52 09 ADA Portable Toilet Jim Creek Trailhead 1 52 10 Cleaning Jim Creek Trailhead 1 52 11 ADA Portable Toilet Rainbow Bay Picnic Area 1 52 12 Cleaning Rainbow Bay Picnic Area 1 52 13 ADA Portable Toilet Shadow Mountain Dam Trailhead 1 52 14 Cleaning Shadow Mountain Dam Trailhead 1 52 15 ADA Portable Toilet St. Louis Creek Trailhead 1 52 16 Cleaning St. Louis Creek Trailhead 1 52 17 ADA Portable Toilet Twin Bridges Trailhead 1 52 18 Cleaning Twin Bridges Trailhead 1 52 19 ADA Portable Toilet Willow Creek Reservoir Fishing Site 1 52 20 Cleaning Willow Creek Reservoir Fishing Site 1 52

Total Option Year 3: $

4001 Period of Performance - Option Year 4: 06/01/2028 - 05/31/2029

Week

02 Cleaning Elk Meadows Trailhead 1 52 03 ADA Portable Toilet Leland Creek Trailhead 1 52 04 Cleaning Leland Creek Trailhead 1 52 05 ADA Portable Toilet Lower Creekside Trailhead 1 52 06 Cleaning Lower Creekside Trailhead 1 52 07 ADA Portable Toilet Blue Sky Trailhead 1 52 08 Cleaning Blue Sky Trailhead 1 52 09 ADA Portable Toilet Jim Creek Trailhead 1 52 10 Cleaning Jim Creek Trailhead 1 52 11 ADA Portable Toilet Rainbow Bay Picnic Area 1 52 12 Cleaning Rainbow Bay Picnic Area 1 52 13 ADA Portable Toilet Shadow Mountain Dam Trailhead 1 52 14 Cleaning Shadow Mountain Dam Trailhead 1 52 15 ADA Portable Toilet St. Louis Creek Trailhead 1 52 16 Cleaning St. Louis Creek Trailhead 1 52 17 ADA Portable Toilet Twin Bridges Trailhead 1 52 18 Cleaning Twin Bridges Trailhead 1 52 19 ADA Portable Toilet Willow Creek Reservoir Fishing Site 1 52 20 Cleaning Willow Creek Reservoir Fishing Site 1 52

Total Option Year 4: $

GRAND

TOTAL:

Schedule Notes:

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

b) This will be a Firm-Fixed-Price service contract for a Base Year with four option years.

Description of Requirement and Performance Work Statement

1.0 The Arapaho & Roosevelt National Forest, Sulphur Ranger District requires multiple portable toilet rentals to include servicing.

Contractor Requirements

2.0 Technical Requirements / Tasks:

The Contractor shall be responsible for delivery, set up, and maintenance of the portable toilets, which are ADA (Americans with Disabilities Act) compliant, and pickup portable toilets after use. The pumping and disposal of toilet waste shall be in accordance with State and Federal laws and regulations. The Contractor shall furnish all necessary supervision, labor, equipment, operating supplies, maintenance, transportation, and incidentals necessary to provide this service.

2.1 Location of Work

• Portable Toilets will be located at the following areas with specified quantities and unit sizes:

Site Quantity of ADA Units

Blue Sky Trailhead 1 Elk Meadows Trailhead 1 Jim Creek Trailhead 1 Leland Creek Trailhead 1

Lower Creekside Trailhead 1 Rainbow Bay Picnic Site 1 Shadow Mountain Dam Trailhead 1 St. Louis Creek Trailhead 1 Twin Bridges Trailhead 1 Willow Creek Reservoir Fishing Site 1

2.2 Technical Requirements

Each portable toilet unit’s horizontal surfaces of toilets, including the underside of the toilet lid and seat shall be wiped, cleaned, sanitized, freed of dirt and fluids, and wiped dry. Cleaners, Disinfectants, Deodorizers and Waste Digesters shall be biodegradable.

Cleaning Tasks:

• Clean and sanitize hand railings.

• Clean and sanitize door handles.

• Sweep all floors.

• Remove toilet paper and pressure wash the interior of the portable toilet walls, door and the toilet seat.

• Each portable toilet unit shall have a hand sanitizer unit for use in the unit that is wiped clean and disinfected at each cleaning. The hand sanitizer shall be maintained at a usable level until the next servicing.

• Restock toilet paper that is 3/4 used and place partial rolls where they will be available for use. Each portable toilet unit shall have enough toilet paper to last until the next servicing under regular use.

2.3 Contractor Furnished Supplies, Materials and Equipment

Except for those items or services specifically stated in Section 4 as Government furnished, the Contractor shall furnish everything needed to perform this contract according to all its terms.

Equipment:

All locations shall have an ADA portable toilet unit. ADA portable toilets units comply with the American Disabilities Act standards for toilets, section 603, and are identified by the International Symbol of Accessibility complying with 703.7.2.1. See 2010 ADA Standards for Accessible Design | ADA.gov.

Supplies:

https://www.ada.gov/law-and-regs/design-standards/2010-stds/#603-toilet-and-bathing-rooms

BIOBASED PRODUCTS:

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extend feasible and reasonable, include the exclusive use of biobased products (Attachment 1). The Contractor shall utilize the greatest number of biobased products available that meet applicable health and environment specifications. All supplies and materials to be used in the performance of work under this contract are subject to the approval of the Contracting Officer Representative (COR). For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program go to BioPreferred.

2.4 Conditions Affecting the Work

The Contractor shall be responsible for having taken steps to ascertain the nature and location of the work, and the general local conditions which can affect the work and cost thereof. Any failure by the Contractor to do so will not relieve the Contractor from responsibility for successfully performing the work without additional expense to the Government. The Government assumes no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of a contract, unless such understanding of representation by the Government are expressly stated in the resulting contract.

2.5 Contractor Quality Control

The Contractor shall develop and maintain a quality control program to ensure custodial services 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. As a minimum the Contractor shall develop quality control procedures addressing the areas identified in the Attachment 2. Quality Assurance Surveillance Plan Appendix A:

Performance Requirements.

This work is being solicited as a performance-based contract. Performance based means the Contractor is responsible for a quality product. If quality work is not provided, an adjustment to the payment will be made.

Contractor to be paid at unit price for each time service is provided and is not guaranteed the obligated amount for partial service. Payment will be made upon inspection and acceptance of work performance.

The contractor service requirements are summarized as performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

3.0 Deliverable / Schedule

3.1 Performance Time

The portable toilets shall be in service according to the following schedule (refer to Schedule of Items):

Base Year

• Locations with 26 Weeks: June (or within 2 weeks of contract award) through November 2024

• Locations with 52 Weeks: June (or within 2 weeks of contract award) through May 2025

Option Years 1 –4

• All locations: June through May

3.2 Cleaning Schedule

Each portable toilet unit shall be cleaned and disinfected once a week, on any day Monday through Friday (no weekend service unless specifically requested by COR).

https://www.biopreferred.gov/BioPreferred/faces/Welcome.xhtml

4.0 Government Furnished

Unless otherwise stated, the contractor shall furnish all equipment and/or materials to perform this work. Any applicable Government Furnished Property/Material supplied, if applicable:

• Will be identified in the work order requests.

• Will be coordinated on a case-by-case basis by the COR.

• Will require written confirmation of receipt by the Contractor to the COR. Emails are acceptable.

5.0 Travel

The Contractor shall be responsible for travel to the portable toilet site locations. See attached map for reference (Attachment 3).

5.1 Directions

1. Blue Sky Trailhead/Little Vasquez Rd: From Granby, travel approximately 18.2 miles to Vasquez Rd. In Winter Park. Turn west (right) and travel approximately .6 miles to Arapaho Rd. and turn right. Travel approximately another .6 miles to the trailhead.

2. Elk Meadows Trailhead: From Granby, travel approximately 15 miles to CR 72 (the stoplight in Fraser) and turn west (right). Travel under the bridge and take the left fork approximately 2.3 miles to the Elk Meadows staging area.

3. Jim Creek Trailhead: From Granby, travel on US-40 E for 20 miles, then turn left on Arrow Trail.

Continue and turn right to stay on Arrow Trail for .5 mile. Turn right onto Forest Rd 128, trailhead will be on the right in 1.7 miles.

4. Leland Creek Trailhead: From Granby, travel on US-40 E for 14.8 miles. Turn right on Eisenhower Rd, continue as it turns left into Carriage Rd. Continue on Carriage Rd as it turns right and becomes CO Hwy 73. Continue on CO Hwy 73 for 4.3 miles. Turn left on CO Hwy 725, and the trailhead is located immediately on the left.

5. Lower Creekside Trailhead: From Granby, travel on US-40 E for 14.8 miles. Turn right on Eisenhower Rd, continue as it turns left into Carriage Rd. Continue on Carriage Rd as it turns right and becomes CO Hwy 73. Destination will be on the left in 1.7 miles.

6. Rainbow Bay Picnic Area: From Granby, travel on Hwy 34, 5.4 miles to CR 6 and turn east (right), travel past Willow Creek Canal about .1 mile and turn left into Rainbow Bay Picnic Area.

7. Shadow Mountain Dam Trailhead: From Granby, travel west on US-40, then turn right onto US-34 E.

Travel on US-34 E for 12.7 miles, then turn right on Co Rd 66. Continue for 1.3 miles and turn left to stay on CO Rd 66, turn right and trailhead will be .1 mile on the left.

8. St. Louis Creek: From Granby, travel approximately 15 miles to CR 72 (the stoplight in Fraser) and turn west (right). Travel under the bridge and take the right fork approximately 3.6 to the St. Louis Creek Campground and Trailhead.

9. Twin Bridges Trailhead: From Granby, travel approximately 18.2 miles to Vasquez Rd. in Winter Park.

Turn west (right) and travel 1.3 miles to the trailhead.

10. Willow Creek Fishing Site: Travel west on US-40, turn right onto US-34 E. Continue on US-34 E for 5.2 miles. Turn left onto Co Rd 40 and continue for 4 miles. Turn right (first right after campground) and continue .2 miles down Co Rd 40 spur to fishing site located at the end of the road.

6.0 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 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.

7.0 Performance Requirement Measures

The Government will periodically evaluate the Contractor’s performance in accordance with the Quality Assurance Surveillance Plan (QASP). The QASP consists of random inspection/sampling of the Contractor’s work performance. The Government will record the results of these random inspections/samples of the Contractor’s performance on a Quality Assurance Checklist. The random inspections/samples will be conducted no less than twice per month and more frequently as deemed necessary by the COR.

The Contracting Officer shall follow FAR 52.212-4 (NOV 2023), Contract Terms and Conditions-Commercial Services for Contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

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

(NOV 2023)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (FEB 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 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations

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)

(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).

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

☐ (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.

☐ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (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 Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-

Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

☒ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (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 (FEB 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).

☐ (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 (FEB 2024) of 52.225-3 ☐(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).

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

Employee Class Monetary Wage/Fringe Benefits

11150-Janitor $17.41 / $4.98 per hour

☒ (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 (FEB 2024) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 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 14 days prior to end of 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 14 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 five 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)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (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 June 2024 (award date) through 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 5 days after the date of contract award. The conference will be held at: MS Teams Call.

452.228-71 Insurance Coverage (NOV 1996) (Alternate I)

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 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.

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

(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.

452.236-74 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 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.