12443926Q0027 Contract Clauses and Provisions .pdf
PDF 548 KB Posted
- Attached to
- Conduct rare plant, invasive plant, and cultural plant surveys within the Kitchie Two Rivers Project Area
- Solicitation number
- 12443926Q0027
- Issued by
-
Department of Agriculture Forest Service
About this file
This document is an attachment listing contract clauses and provisions for a federal solicitation.
Solicitation Details: Solicitation No. 12443926Q0027 is for Ottawa National Forest – Kitchie Two Rivers Plant Survey, classified as Commercial Services under FAR Part 12 with a Below Simplified Acquisition Threshold (SAT) procurement. The acquisition is set aside exclusively for small businesses. Performance will take place on Ottawa National Forest lands in Ontonagon, Houghton, and Iron Counties, Michigan, during field seasons 2026, 2027, and 2028, with completion required by September 15, 2028, and final deliverables due by October 15, 2028. Contract value is expected to exceed $45,000.
Applicable Clauses: The solicitation incorporates twelve mandatory FAR clauses for commercial acquisitions, including terms and conditions (52.212-4), whistleblower protections (52.203-17), trafficking in persons compliance (52.222-50), and subcontracting requirements (52.244-6). Seven additional FAR clauses apply based on acquisition-specific conditions, including SAM registration maintenance (52.204-13), debarment protections (52.209-6), small business set-aside notice (52.219-6), electronic funds transfer payment (52.232-33), protest procedures (52.233-2), and vegetation protection for National Forest lands (52.237-2). Two USDA AGAR clauses are required: anti-discrimination and DEI compliance (452.203-71) and contract closeout modification procedures (452.204-70). Service Contract Labor Standards clauses will be inserted if services exceed $2,500 and are determined applicable. FAR Part 12 terms take precedence over AGAR supplements.
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Text version
Attachment: Contract Clauses & Provisions Solicitation No.: 12443926Q0027 Title: Ottawa National Forest – Kitchie Two Rivers Plant Survey Type: Commercial Services (FAR Part 12), Below SAT (FAR Part 13) Set-Aside: Total Small Business
Note: Clauses are organized as (A) Mandatory FAR, (B) Applicable FAR (as used for this requirement), and (C) AGAR. Clauses are incorporated by reference unless stated otherwise. The full text of FAR clauses is available at the Acquisition.gov FAR Overhaul site.
A. Mandatory FAR Clauses (All Commercial)
Inserted IAW the Part 12 template (black-text mandatory).
1. 52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2025) ☐ Alternate I (Nov 2025) – Not used for this requirement.
2. 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)
3. 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017)
4. 52.222-50 Combating Trafficking in Persons (Nov 2025) ☐ Alternate I (Nov 2025) – Not used; performance is in the United States.
5. 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)
6. 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
7. 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)
8. 52.233-3 Protest After Award (Sep 2025)
9. 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025)
10. 52.240-91 Security Prohibitions and Exclusions (Nov 2025) ☐ Alternate I (Nov 2025) – Not used; this is a stand-alone SAT buy.
11. 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov
2025)
12. 52.252-2 Clauses Incorporated by Reference (Feb 1998) – reference to full texts
B. Applicable FAR Clauses (Tailored to This Buy)
Selected per the template’s prescriptions and this solicitation’s conditions.
1. 52.204-13 System for Award Management—Maintenance (Nov 2025) Offerors are required to be registered in SAM; maintenance applies.
2. 52.209-6 Protecting the Government’s Interest When Subcontracting with Debarred, Suspended, or Proposed for Debarment (Sep 2025)
Contract value expected to exceed $45,000.
3. 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025)
Applicable to all acquisitions for products/services.
4. 52.219-6 Notice of Total Small Business Set-Aside (Nov 2025)
Required since the acquisition is a total SB set-aside.
5. 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (Oct
2018)
EFT via SAM registration.
6. 52.233-2 Service of Protest (Sep 2025)
Expected to exceed SAT.
7. 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)
Field services on National Forest lands; protection of vegetation applies.
Service Contract Labor Standards (SCLS) notice:
If the Contracting Officer determines SCLS applies (services > $2,500 performed in the U.S.), insert:
• 52.222-41 Service Contract Labor Standards (Aug 2018)
• 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)
• 52.222-43/-44 Price Adjustments, as applicable
If SCLS is not applicable (e.g., exempt services), do not insert these clauses. (Template prescription language).
Information Security / Classified Access:
• 52.240-92 Security Requirements – Insert only if classified access is required (not anticipated here).
Transportation / Maritime:
• 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels – Insert only if ocean transport applies (not anticipated here).
C. AGAR Clauses (USDA)
1. 452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec
2025) (full text to be included)
2. 452.204-70 Modification for Contract Closeout (Nov 2025) (full text to be included)
Required for contracts using simplified acquisition procedures.
Conditional AGAR (include only if triggered):
• 452.211-71 Variation in Quantity (Sep 2025) — Supply quantity variation; not applicable to services.
• 452.211-72 Delivery of Excess Quantities (Sep 2025) — Unit-priced supplies; not applicable to services.
D. Incorporated by Reference Statements
• FAR 52.252-2 (Clauses Incorporated by Reference) applies. Full text of FAR clauses and provisions is available at:
https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52.
• FAR 52.252-1 (Solicitation Provisions Incorporated by Reference) will be included in the solicitation body for provisions (e.g., 52.212-1 Instructions to Offerors) with any local amendments (90-day price acceptance, questions deadline).
E. Ordering of Precedence
• FAR Part 12 terms (52.212-4) take precedence for commercial services; any agency-unique terms (AGAR) supplement, but do not conflict with, FAR terms.
F. Notes Aligning to the SOW / Performance
• Place of Performance: Ottawa National Forest, Ontonagon, Houghton, and Iron Counties, Michigan.
• Performance Window: Field seasons 2026, 2027, 2028, with completion by September 15, 2028; final deliverables by October 15, 2028.
• Environmental/Field Work: Include 52.237-2 for vegetation protection. No classified access or ocean carriage anticipated.
| Attachment: Contract Clauses & Provisions |
| A. Mandatory FAR Clauses (All Commercial) |
| B. Applicable FAR Clauses (Tailored to This Buy) |
| C. AGAR Clauses (USDA) |
| D. Incorporated by Reference Statements |
| E. Ordering of Precedence |
| F. Notes Aligning to the SOW / Performance |
| Signature Block (for award document integration) |
File details come from the government source that posted it. Updated .