1240LR26P0014.pdf

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INVOICE PROCESSING PLATFORM IPP

ELECTRONICALLY THROUGH THE

ALL INVOICES MUST BE SUBMITTED

INVOICE PROCESSING PLATFORM IPP

435-731-5939

1100070441#

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

84N8

SALT LAKE CITY UT 84104

1749 W 500 S

REGION 4 UTAH ACQ SUPPORT CTR

USDA FOREST SERVICE

CODE 16. ADMINISTERED BYCODE

X

X

X

336999

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR84N8

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

MT

03/06/2026

208-949-8864ADAM KOEPKE

1240LR26P0014

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240LR26Q0004

5. SOLICITATION NUMBER

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

1 4 See ScheduleOFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

KAMAS UT 84036-8100

936 W 200 S

ATTN KIM BLACK

WELLER RECREATION INC

17a. CONTRACTOR/

Multiple Destinations

15. DELIVER TO

SALT LAKE CITY UT 84104

1749 W 500 S

REGION 4 UTAH ACQ SUPPORT CTR

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,000

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

ISSUE DATE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

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 FOREST SERVICE

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.

UEI: F9XKLVECDB85

Delivery: 09/30/2026 Period of Performance: 04/09/2026 to 06/30/2026

0003 Purchase a snowmobile (3441) per the attached 1 EA 13,117.00 13,117.00 specifications. Delivery: Snowmobile to be delivered to 1405 Hollipark Drive, Idaho Falls, Idaho 83401. Upon delivery, the snowmobile must be fully assembled and set on the ground at vendors expense if hauled to delivery location.

Contract Type: FIRM-FIXED-PRICE

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

$70,223.00

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

ADAM M. KOEPKE

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

See schedule

29. AWARD OF CONTRACT: REFERENCE

4/7/2026

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.

Product/Service Code: 2340

Product/Service Description: MOTORCYCLES, MOTOR

SCOOTERS, AND BICYCLES

Requisition No: 1161335

Delivery Location Code: 02NV

USDA FOREST SERVICE

IDAWY ACQUISTITION SERVICE CENTER

1405 HOLLIPARK DRIVE

IDAHO FALLS ID 83401 US

Accounting Info:

FMMI Account: FS00.0415WF344125 BOC: 3155

Funded: $13,117.00

Period of Performance: 04/09/2026 to 09/30/2026

0006 GRANT FUNDED SNOWMOBILES - 9535 1 EA 11,370.00 11,370.00

Contract Type: FIRM-FIXED-PRICE

Product/Service Code: 2340

Product/Service Description: MOTORCYCLES, MOTOR

SCOOTERS, AND BICYCLES

Requisition No: 1162190

Delivery Location Code: 0267

SAWTOOTH NATIONAL FOREST

370 AMERICAN AVE

JEROME ID 83338 US

Accounting Info:

FMMI Account: FS00.0414WF953525 BOC: 3155

Funded: $11,370.00

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

4 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

WELLER RECREATION INC

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

1240LR26P0014

Period of Performance: 04/09/2026 to 09/30/2026

0007 Grant Funded Snowmobile - 9536 1 EA 11,370.00 11,370.00

Contract Type: FIRM-FIXED-PRICE

Product/Service Code: 2340

Product/Service Description: MOTORCYCLES, MOTOR

SCOOTERS, AND BICYCLES

Requisition No: 1162190

Delivery Location Code: 0267

SAWTOOTH NATIONAL FOREST

370 AMERICAN AVE

JEROME ID 83338 US

Accounting Info:

FMMI Account: FS00.0414WF953625 BOC: 3155

Funded: $11,370.00

0008 The Recreation Department of the KRD Avalanche 1 EA 9,045.00 9,045.00

Center requires one snowmobile to facilitate access to backcountry areas and groomed trails during the winter season for the purposes of avalanche monitoring, detection, and mitigation.

Contract Type: FIRM-FIXED-PRICE

Product/Service Code: 2340

Product/Service Description: MOTORCYCLES, MOTOR

SCOOTERS, AND BICYCLES

Requisition No: 1163421

Delivery Location Code: 0267

SAWTOOTH NATIONAL FOREST

370 AMERICAN AVE

JEROME ID 83338 US

Accounting Info:

FMMI Account: FS00.0414WF953825 BOC: 3155

Funded: $9,045.00

0009 0412 SNOWMOBILE-3464 1 EA 12,660.50 12,660.50

Contract Type: FIRM-FIXED-PRICE

Product/Service Code: 2340

Product/Service Description: MOTORCYCLES, MOTOR

SCOOTERS, AND BICYCLES

Requisition No: 1164547

Delivery Location Code: 0260

USDA FOREST SERVICE

BOISE NATIONAL FOREST WAREHOUSE

1918 COMMERCE AVENUE

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

WELLER RECREATION INC

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

1240LR26P0014

BOISE ID 83705-5313 US

Accounting Info:

FMMI Account: FS00.0412WF346425 BOC: 3155

Funded: $12,660.50

Period of Performance: 04/09/2026 to 09/30/2026

0010 0414 SNOWMOBILE-3465 1 EA 12,660.50 12,660.50

Product/Service Code: 2340

Product/Service Description: MOTORCYCLES, MOTOR

SCOOTERS, AND BICYCLES

Requisition No: 1164547

Delivery Location Code: 0260

USDA FOREST SERVICE

BOISE NATIONAL FOREST WAREHOUSE

1918 COMMERCE AVENUE

BOISE ID 83705-5313 US

Accounting Info:

FMMI Account: FS00.0412WF346525 BOC: 3155

Funded: $12,660.50

Period of Performance: 04/09/2026 to 09/30/2026

The total amount of award: $70,223.00. The obligation for this award is shown in box 26.

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

Sponsored by GSA

FAR (48 CFR) 53.110

Schedule of Items/Price Schedule

Schedule of Items

Item

Supplies/Services Delivery Location Qty Unit of Issue

Unit Price Total Price

0004 Snowmobile (per specs in Attachment 4) – Fleet EN 3441 (1161335)

Caribou-Targhee National Forest Attn: Richard Gower 1405 Hollipark Drive Idaho Falls, ID 83401 Phone: 208-520-6858 Email: Richard.gower@usda.gov

1 EA $13,117.00 $13,117.00

TOTAL $13,117.00

Estimated Delivery Date

I tem

Supplies/Services Delivery Location Qty Unit of Issue

Unit Price Total Price

0007 Snowmobiles (per specs in Attachment

7) – Fleet EN 9535, 9536 (1162190)

Sawtooth National Forest Attn: Cody Wilber 370 American Ave Jerome, ID 83330 Phone: 208-277-4274 Email: Cody.Wilber@usda.gov

2 EA $11545.00 $23,090.00

0007a Trade-In (Attachment 7 pages 3-14)

Attn: Cody Wilber Location:

370 American Ave Jerome, ID 83330

2 EA -$175.00 -$350.00

TOTAL $22,740.00

I tem

Supplies/Services Delivery Location Qty Unit of Issue

Unit Price Total Price

0008 Snowmobile (per specs in Attachment

8) – Ketchum RD EN 9538 (1163421)

Sawtooth National Forest Attn: Cody Wilber 370 American Ave Jerome, ID 83330 Phone: 208-277-4274 Email: Cody.Wilber@usda.gov

1 EA $11,545.00 $11,545.00

0008a Trade-In (Attachment 8 pages 2-16)

Attn: Cody Wilber Location:

330 Lewis St Ketchum, ID 83353

2 EA -$1,250.00 -$2,500.00

TOTAL $9,045.00

mailto:Richard.gower@usda.gov mailto:Cody.Wilber@usda.gov

Item Supplies/Services Delivery Location Qty Unit of

Issue Unit Price Total Price

0009 Snowmobiles (per specs in Attachment

9) – Payette EN 3464, 3465 (1164547)

Payette National Forest Attn: Cody Wilber 1918 Commerce Ave.

Boise ID 83705 Phone: 208-277-4274 Email: Cody.Wilber@usda.gov Authorized to receive: Loren (Ben) Bennett (208) 899-0503

2 EA $12,660.50 $25,321.00

TOTAL $25,321.00

Estimated Delivery Date

Delivery Locations: Listed above in each Schedule of Items with POC’s

Utility Snowmobile Specifications

Engine-

Engine Stroke 4-Stroke Cooling Liquid Bore (mm/in) 74 / 2.9 Stroke (mm/in) 69.7 / 2.7 Displacement (cc/ci) 899 / 54.9 Starter Electric Fuel Requirements Regular Fuel Type Gas Fuel Injector Yes Carburetor No Carburetion Type Fuel Injected

Transmission

Primary Drive (Rear Wheel) Belt Primary Drive (Engine / Transmission) Belt Reverse Yes Hi / Low Range Yes

Track

Track Length (in/mm) 154 / 3923 Track Width (in/mm) 20 / 500 Lug Height (in/mm) 1.5 / 31.8

Towing

Rear Hitch Type Receiver Front Bumper Standard Rear Bumper Utility/Towing

Storage Standard Snowmobile Cover

STATEMENT OF WORK / SPECIFICATIONS

Sawtooth National Forest FRD Snowmobiles-9535 9536

GENERAL INFORMATION

1.0 Background and Purpose:

The Recreation department, for the FRD, requires 2 Snowmobiles to be used to access the backcountry and groomed trails during winter months.

STATEMENT OF WORK

2.0 Requirements:

The Seller shall supply 2 Snowmobiles meeting the minimum specifications described under the SPECIFICATIONS section. Sawtooth has 2 snowmobiles that they would like to trade in towards the purchase of these new units. Please see attachments for trade in details.

The lump sum price for the Snowmobiles shall include all costs necessary to deliver them to the following address: 370 American Ave, Jerome, ID 83338 The Seller shall be responsible for delivering and picking up the trade in Snowmobiles at the Sawtooth National Forest Supervisor’s Office location listed above.

3.0 Delivery Schedule:

Deliver to: Sawtooth National Forest Supervisor’s Office ATTN: Cody Wilber 370 American Ave.

Jerome ID, 83338 208-277-4274

Delivery Hours: Monday–Thursday 8am to 4pm MT with 24 hours-notice before delivery. NO

LODING DOCK AVAILABLE

4.0 Certificate of Origin and Warranty information:

Send to the address below or deliver with item to:

Sawtooth National Forest Supervisor’s Office 370 American Way Jerome, ID 83338

The Seller shall deliver the Snowmobiles to the specified location on or before 120 days after award.

SPECIFICATIONS

The following specifications are for the purchase of 2 Snowmobiles. The standard features are listed as follows:

1. MINIMUM SPECIFICATION AND DESCRIPTION

Snowmobiles to be equipped as follows:

Engine:

- Minimum 840 cc two cylinder

- Fuel injection

- 2 stroke engines only

- Pull rope starter

- Water cooled cooling system

Track:

- 155” x 15” x 2.75 lugs

- Overall Length of 136” (maximum)

Suspension:

- Front Suspension shall have 9” of travel and rear suspension shall have 16” of travel

Other Features:

- Minimum 11-gallon fuel capacity

- Headlight and taillight

- Trip meter, speedometer, tachometer, temp and low oil light

- Belt driven clutch type and belt driven drive type

Snowmobile trade in #1

1. 2005 Ski-doo Summit 550f

a. VIN #: 2BPSCM5A85V000146

b. NO DAMAGE / NORMAL WEAR AND TEAR

c. Starts and runs with no issues

d. Hours: N/A

e. Miles: 5501

f. LOCATION IS AT:

i. SAWTOOTH NATIONAL FOREST

Fairfield ranger District

102 1ST Street East Fairfield, ID 83327

Snowmobile trade in #2

1. 2007 Arctic Cat M8 snowmobile

a. VIN #: 4UF07SNWX7T132589

b. Property #: AG9360P070019

c. DAMAGED HOOD / NORMAL WEAR AND TEAR / ENGINE HAS LOW COMPRESSION

AND IS HARD TO START IN COLD TEMPERATURES.

d. Starts and runs under warm conditions

e. Hours: N/A

f. Miles: N/A

g. LOCATION IS AT:

i. SAWTOOTH NATIONAL FOREST

Fairfield ranger District

102 1ST Street East Fairfield, ID 83327

Confidential – For Internal Use Only Page

Sawtooth National Forest

Avalanche Center Snowmobile – 9538

GENERAL INFORMATION

1.0 Background and Purpose:

The Recreation Department of the KRD Avalanche Center requires one snowmobile to facilitate access to backcountry areas and groomed trails during the winter season for avalanche monitoring, detection, and mitigation.

STATEMENT OF WORK

2.0 Requirements:

The Seller shall provide one snowmobile that meets or exceeds the minimum requirements outlined in the Specifications section. The Sawtooth Avalanche Center intends to trade in two existing snowmobiles as part of the acquisition of the new unit. Trade-in details are included in the attached documentation.

The lump-sum price for the snowmobile shall encompass all costs associated with delivery to the following address:

370 American Ave, Jerome, ID 83338.

The Seller shall be responsible for delivering the new snowmobile and retrieving the trade-in units at the Sawtooth National Forest Supervisor’s Office at the address listed above.

3.0 Delivery Schedule:

Deliver to:

Sawtooth National Forest Supervisor’s Office

ATTN: Cody Wilber

370 American Ave

Jerome, ID 83338

Phone: 208-277-4274

Delivery Hours: Monday–Thursday, 8:00 a.m. to 4:00 p.m. MT, with 24 hours’ notice before delivery.

NO LOADING DOCK AVAILABLE

4.0 Certificate of Origin and Warranty Information:

Send to the address below or deliver with the item:

Sawtooth National Forest Supervisor’s Office

370 American Ave

Jerome, ID 83338

The Seller shall deliver the snowmobile to the specified location on or before 120 days after award.

SPECIFICATIONS

The following specifications are for the purchase of one snowmobile. The standard features are listed as follows:

Minimum Specification and Description

Snowmobile to be equipped as follows:

Engine:

• Minimum 840 cc, two-cylinder

• Fuel injection

• 2-stroke engine only

• Pull rope starter

• Water-cooled cooling system

Track:

• 154”-155” x 15” x 2.5” - 2.75” lugs

• 154” – 155” Not to exceed 155”

Suspension:

• Front suspension: 8” of travel

• Rear suspension: 10” of travel

Other Features:

• Minimum 9-gallon fuel capacity

• Headlight and taillight

• Trip meter, speedometer, tachometer, temperature gauge, and low oil light

SAWTOOTH AVALANCHE CENTER

SNOWMOBILE TRADE IN #2

1. 2017 POLARIS RMK 800 Pro

a. VIN #: 1EFK8P0J0178473

b. Damage: Coolant leak from the tunnel

c. Miles: 3,500

d. LOCATION IS AT:

i. SAWTOOTH NATIONAL FOREST - Warehouse

330 Lewis St

Ketchum ID, 83353

US Department of Agriculture (USDA)

Statement of Work

Contents Project General Inrmation

1.0 Scope of Work

2.0 Background

Contractor Requirements

3.0 Technical Requirements / Tasks

4.0 Government Furnished

5.0 Deliverables / Schedule

6.0 Travel

Project

Payette National Forest

0412 NEW SUPP SNOWMOBILES – 3464 AND 3465

General Information

1.0 Scope of Work

The Payette National Forest requires the purchase of two new WCF replacement snowmobiles.

2.0 Background

The Payette National Forest requires two snowmobiles for accessing remote areas during winter months when roads are closed or impassable due to snow. Snowmobiles assist in grooming and maintaining designated winter trails, ensuring safe and sustainable recreation. They also help enforce seasonal closures and monitor wildlife habitats, supporting resource protection goals. Snowmobile use promotes multiple-use principles by balancing recreation with conservation. It also supports partnerships with local snowmobile clubs for stewardship and volunteer trail maintenance.

Contractor Requirements

3.0 Technical Requirements / Tasks

SPECIFICATIONS

The following specifications pertain to the purchase of two snowmobiles. The standard features are listed as follows. New parts are to be used only. Used parts are not authorized.

650cc class, high output, fuel injected, liquid cooled Temperature gauge (in either a message center or as a gauge) Low profile seat Manual start, high elevation 11 gallon fuel tank/1 gallon oil tank Track(L/W/H): 155”x15”x2.75” Dry weight less than 450 pounds 5” handlebars with handguards w. J-hooks and grab handle Heated hand grips Minimum 9” Front suspension travel Minimum 16” Rear travel Gripper skis with skags Clip on cover suitable for trailering Waterproof dash zip bag Hard mount windshield clip kit with low windshield 12 volt power outlet kit Front and rear bumpers Front skid plate Knee pads Cargo rack or large water resistant tunnel bag

4.0 Government Furnished

The Seller shall be responsible for delivering the new snowmobiles to the Boise National Forest Warehouse location listed below. Snowmobiles shall include all costs necessary to deliver to the following address:

Boise National Forest Warehouse 1918 Commerce Ave.

Boise ID 83705

5.0 Deliverables / Schedule

The Seller shall deliver the snowmobiles to the specified location on or before 120 days after award.

Certificate of Origin and Warranty information, send to the address below or deliver with item to:

ATTN: Fleet Manager Boise NF Supervisor Office 1249 S. Vinnell Way, Suite 200 Boise, Idaho 83709

6.0 Travel

Loren Bennett (Cell Phone - 208-899-0503) Authorized to receive Snowmachine outside of

COR.

ix) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021)

Addenda to 52.212-4:

Replace paragraph (r) of clause 52.212-4 with the following as specified in DEVIATION 2017-1

(AUG 2017):

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C 4712 and 10 U.S.C 2409 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C chapter 21 relating to procurement integrity.

(x) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (JAN 2022) (DEVIATION JUL 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.

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

☐ (5) [Reserved].

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

☐ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

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

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

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C.657a).

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) 15

U.S.C. 657a).

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

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

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

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

☐ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

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

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

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

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

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

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

☐ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

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

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

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C.

657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

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

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

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

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

☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (DEVIATION JUL

2020) (E.O.13126).

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

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

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

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

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

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

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

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

☐ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

☒ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (36) 52.222-54, Employment Eligibility Verification (Nov 2021). (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 22.1803.)

☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

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

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

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

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

☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

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

13513).

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

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

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

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

☒ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (DEVIATION JUL

2020) (41 U.S.C. chapter 83, 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), Pub. L. 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 (May 2014) of 52.225-3.

☐ (iii) (ii) Alternate II (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (50) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

5150).

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

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov

2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41

U.S.C.4505, 10 U.S.C.2307(f)).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C.

3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013)

(31 U.S.C.3332).

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

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

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

☐ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

Contracting Officer check as appropriate.

☐ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☐ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

☐ (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 quote, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O

13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

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

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

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

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

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, 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.

xi) Additional Requirements/Terms and Conditions

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) Deviations to clauses may be viewed at:

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

52.204-13 System for Award Management Maintenance (OCT 2018)

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

52.252-6 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 (OCT 2021) 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.

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations