(x)

127EAT26Q0023

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

7EAS

ALBUQUERQUE NM 87102-3498

333 BROADWAY BLVD SE

USDA-FS CSA SOUTHWEST 2

01/28/20260001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

01/22/2026

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Reference Sol. No. 127EAT26Q0023 | LPF USFS Rincon Station - Santa Barbara RD ER Sycamore

Hazardous Tree Removal

Forest: Los Padres National Forest (LPF)

Amendment 0001 incorporates the changes listed below. All other terms, conditions, specifications and attachments shall remain unchanged.

1) Terms: Place of Performance. Adds GPS coordinates and access instructions.

2) Terms: Contract Clauses: Updates date on 52.212-4 and adds full text. Adds 52.212-5

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

KLENISE S. WALLACE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Company Name:

Address:

klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight klenisewallace Highlight

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

127EAT26Q0023/0001

with full text.

3) Terms: Contract Provisions. Adds 52.212-3

3) Attachment(s): A9. Removes Clauses 52.204-24 and 52.209-7.

Responsiveness requires the offeror to acknowledge these changes by completing the SF 30 in blocks 8 and 15A-C, along with all preceding documents identified in the "Solicitation

Information and Instruction to Offerors" section of the terms by the offer due date. Unless identified herein, the original offer due date shall remain unchanged.

The information provided on the SF 1449 or SF 30 is not considered a fully executed award until it has a purchase order/contract ID and is signed by a Federal warranted Contracting Officer. The request for contractor signature is not to be misconstrued as direction by the Government to perform work of any kind. The Government shall not be held liable for any contractor actions that conflict with this guidance, so any work performed before this award is fully executed or a written notice to proceed is issued by a warranted contracting officer is done at the contractor's own risk.

FS Contacts:

Contracting Officer Representative (COR): Bradley

King, bradley.king@usda.gov

Contracting Officer (CO): Klenise Wallace, klenise.wallace@usda.gov

Period of Performance: 01/30/2026 to 02/20/2026

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice

Processing Platform (IPP), https://www.ipp.gov.

If the contractor lacks an IPP account, USDA will automatically initiate the enrollment process with Treasury using the contractor's SAM.gov

Accounts Receivable POC as the IPP account holder. Once the enrollment process is complete, the IPP account holder will receive notification and can being invoicing. More information about

IPP can be found at: https://www.ipp.gov

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

Sponsored by GSA

FAR (48 CFR) 53.110

Contract No. TBD Solicitation No. 127EAT26Q0023-0001 Los Padres National Forest (LPF) LPF USFS Rincon Station - Santa Barbara Ranger District (RD) Emergency (ER) Sycamore Hazardous Tree Removal Contractor: TBD

This Page Intentionally Left Blank.

LPF USFS Rincon Station - Santa Barbara Ranger District (RD) Emergency (ER) Sycamore Hazardous Tree Removal

SECTION B – CONTINUATION OF SF-1449

Schedule of Items/Price Schedule See Attachment 3 – Schedule of Items in Excel to be filled and returned with offer.

Contract Award Amount:

Item Description Unit of Measure Qty

0001 Arborist Assessment Report (ISA Certified Arborist; TRAQ risk rating)

Lump Sum 1

0002 Sycamore Tree Removal (labor, equipment, rigging, traffic control)

Lump Sum 1

0003 Stump Grinding to [Insert depth] and Site Restoration

Lump Sum 1

0004 Hauling/Disposal/Recycling of Debris Lump Sum 1

(Schedule Notes)

1. Offeror must fill in the UNIT price ONLY. Spreadsheet is formatted to auto populate the total price.

2. Responses for quantities less than those listed in the numbered items may be rejected.

3. Responses without prices for each item may be rejected.

Statement of Requirement For project summary and specifications, reference SF 1449 and Attachment 2 Statement of Work

Place of Performance The sycamore tree is located behind employee housing quarters in the Los Padres National Forest, Santa Barbera Ranger District Rincon Station. As this is a residential address, interested offerors may use the USFS Rincon Station address located at 6115 Casitas Pass Rd., Carpinteria, CA 93013 in Santa Barbara County.

GPS Coordinates to Tree:

Latitude: 34°24.075'N (34.40125) Longitude: 119°29.460'W (-119.491)

The hazardous sycamore tree is directly adjacent to a wooden fence delineating the backyard of the quarters unit. The tree is in close proximity to the quarters unit and the Lions Lodge/Clubhouse. Care must be taken to prevent damage to Government and/or personal property while removing this tree.

Access to the tree’s location will have to take into consideration the location of the underground septic tank located between the two Forest Service quarters units, so care needs to be taken to not damage the septic tank while accessing the site. There may be a possibility to access the tree site via the Lions Lodge/Park adjacent to the station site. The contractor will need to coordinate access.

The only way to access the tree is through the backyard of private property. Please contact the project COR to make arrangements for visits.

Deliveries of Performance

Anticipated Period of Performance The Government anticipates this work being completed within 14 calendar days after award.

LPF USFS Rincon Station - Santa Barbara Ranger District (RD) Emergency (ER) Sycamore Hazardous Tree Removal

The period of performance dates of Award (January 30, 2026) through February 20, 2026 account for weather and unforeseen delays.

Work Timing and Hours of Operation The contractor is approved to being work upon award, with the schedule coordinated and approved by the FS COR. Coordination of work is only approved by the CO, COR or personnel designated in writing from the

CO.

Work Hours permitted during a performance workday are from 0700 – 1530 for an 8-hr workday and 0700 – 1730 for a 10-hr workday. Weekend work must receive written approval by the COR.

Submittals

Requirement Description Due ISA Credential (Arborist Certification)

Provide a copy of professional certification issued by the International Society of Arboriculture (ISA)

With Offer

Work Plan (Draft)

Submit a written plan detailing methodology, equipment, crew composition, traffic/pedestrian control measures, utility locates, and proposed timeline.

With Offer

Safety/Job Hazard Analysis (JHA) Plan (Draft)

Must be compliant with ANSI Z133 (Arboricultural Operations—Safety Requirements) and applicable OSHA standards.

With Offer

Insurance Documents Provide copies of applicable insurance.

With Offer

Deliverables See Attachment 2 – Statement of Work

Inspection and Acceptance

All work shall be conducted under the general direction of the Contracting Officer and Contracting Officer Representative, subject to Government inspection and acceptance at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract. See FAR Clause 52.212-4 in the Contract Clause section of these contract terms.

(Acceptance Criteria)

• Report includes species, DBH, TRAQ risk rating, defect analysis, photos, and removal justification.

• Tree removed without damage to adjacent property/utilities; site restored to pre-work condition or better.

• Stump ground to specified depth and backfilled; no protrusions or trip hazards remain.

• All safety controls implemented and documented; debris fully removed.

Contract Administration Data

Forest Service Representatives.

LPF USFS Rincon Station - Santa Barbara Ranger District (RD) Emergency (ER) Sycamore Hazardous Tree Removal

Forest Service (FS) Representatives will be identified on the SF 1449. This section identifies the roles and responsibilities of those personnel.

(Contracts Specialist (CS) or Purchasing Agent (Agent)) The CS or Agent has delegated authority from the Contracting Officer to perform administration oversight of the contract and will handle all matters beyond the authority of the COR. Generally, this includes the day-to-day administration of the contract, except for matters pertaining to changes in contract price and/or time. Any contractual documents that bind the Government must have Contracting Officer approval and signature.

(Contracting Officer Representative (COR)) The COR has delegated authority that includes but may not be limited to providing technical advice and guidance pertaining to the project work, maintaining property records, outlining work, providing material approvals, inspecting work in progress, estimating completed work for partial or progress payments, and/or conducting pre-final and final inspections. In addition, the COR oversees administrative matters (e.g., submittals, etc.) and ensures elements of contract requirements are met in accordance with the contract terms and conditions. The COR is NOT authorized to direct changes or bind the Government to any contractual agreement. The COR delegated authority, and responsibilities will be defined on a delegation letter issued in conjunction with contract award.

(Government Technical Monitor (GTM)) A GTM is a Government Employee with less authority than a designated COR that supports contract work by answering basic contract questions, act as a technical advisor in their area of expertise, and/or inspect/monitor contract performance. The person fulfilling this role may shadow or advise the COR on Contracts for Services or Construction, but the GTMs primary responsibility is to provide technical support to the CO. A GTM may act as the primary technical point of contact on Supply orders. The GTM delegated authority, responsibilities and contact information will be defined on a delegation letter signed by the CO issued in conjunction with (or after) contract award. A GTM has no contractual authority. When there is no COR, the GTMs purpose is to provide inspection and recommendation to the CO for acceptance. The person delegated may also review and provide first-line approval of invoices.

Contracting Officer (CO) A Contracting Officer holds a legal warrant, which is a designation of authority to bind the Government. The CO has full authority for the administration of the contract and will personally handle all matters beyond the authority of the CS/Agent (if one is assigned) and/or the COR/GTM. COs are agents of the Government and are the only officials authorized to enter into any contract or agreement that binds the Government. If the Contractor is asked to perform work outside of the scope of the awarded contract, additional work, or make changes not specified in the existing contract award, DO NOT perform the work. Immediately notify the Contracting Officer.

Invoices The following supplements the invoice terms contained within FAR 52.212-4(g) contained herein.

Payments will be made from the Contractor’s invoice(s). All invoices are to be submitted via the electronic Invoice Processing Platform (IPP) System. The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in previous communications from USDA and Treasury.

This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm Ensure your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account. Offeror must have an established account prior to commencement of work.

Invoice Processing Platform (IPP) does not allow for the contractor to change the description of the line items being invoiced against and therefore an itemized invoice must be uploaded as an attachment(s). If the https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

LPF USFS Rincon Station - Santa Barbara Ranger District (RD) Emergency (ER) Sycamore Hazardous Tree Removal itemized invoice has not been reviewed and approved by the COR, the IPP payment request will be rejected.

Please follow the minimum requirements to ensure a successful payment process.

IPP Invoice shall have the following areas completed at a minimum:

Invoice Number Invoice Date Bill Period Start Date Bill Period End Date Supplier Contact Name Supplier Contact Phone Contract Number

Itemized invoice shall include at a minimum:

Contractor Name & Address Contract number Invoice Number Description of Services or work completed.

Date of services or completion.

PRIOR to start the IPP enrollment process, please verify that the point of contract’s (POC’s) email address is up to date in your company’s System for Award Management (SAM) account at www.sam.gov and that any recent update(s) have been allowed time to process resulting in an “Active” status on the SAM account. The one-time enrollment in IPP means a series of emails will be sent to the SAM POC. If you have questions on the IPP enrollment process, the help desk phone number is 1-866-973-3131.

Contract Release Before final payment may be made the Contractor shall sign a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

Notice to Proceed Work may begin on this contract upon the contractor’s receipt of the fully executed award issued by the Contracting Officer, CS or Agent with the contractor coordinated agreement of the COR. Suspensions and resumption or work notices must be received in writing from the Government. Any adjustments to the anticipated completion date must be accomplished via formal written modification of the contract signed by the CO.

Pre-Work Conference The pre-work meeting is intended to update the contractor on current conditions that may affect their data acquisition efforts. Contractor will coordinate the pre-work meeting date with the project COR. At the pre-work meeting and subsequent meetings, by project, the Government will provide maps and share any useful documents and information available, to include the Forest Fire plan.

Special Contract Considerations

Work Restrictions Designated parking areas will be arranged prior to the start of work with COR approval.

This is a residential area. All posted speed limits must be strictly followed.

Vehicles may not be driven outside of the designated areas.

Key Personnel

(a) The Contractor shall assign to this contract the following key personnel: Contractor Representative, ISA Certified Arborist, Foreman (foreman/woman is only required if using a crew for tree removal) http://www.sam.gov/

LPF USFS Rincon Station - Santa Barbara Ranger District (RD) Emergency (ER) Sycamore Hazardous Tree Removal

(b) During the performance of the work, 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 2 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 5-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 5 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 3 business days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Wage Determination (WD) The Service Contract Act (SCA) WD applicable to this work is 1977-0727, revision 79, dated 12/03/2025. A copy is provided in the attachments.

Fire Prevention and Safety (Safety) The Contractor shall have a Safety Plan in place to keep employees and any Government personnel or visitors safe in the work area. A copy of the finalized plan shall be provided at the pre-work meeting and shall be available to employees or upon request when field work is being performed.

(Fire Prevention) Fire prevention shall be exercised at all times during the performance of this contract by the Contractor and his/her employees. All combustible materials shall be used and stored in a safe manner. The Contractor shall immediately notify the Government (report to the COR/CO and local Forest Service District Offices in the vicinity) of any fires hazards or fires sighted on or in the vicinity of the work site, and if possible, correct them.

Due to substantial fuels, dried/dead foliage and other flammables at the project site, no open flames or smoking is allowed. Hazmat, e.g., gasoline, oil, flammable or inorganic fluids, will be stored and used (fueling chainsaws, etc.) over appropriate barriers as in non-permeable tarps, troughs or other containment systems to prevent soil contamination. At least one fire extinguisher shall be kept onsite.

The Contractor may be held liable for all damages and costs incurred by the Government for labor, subsistence, equipment, supplies and transportation deemed necessary to control or suppress a fire set or caused by the Contractor or the Contractor’s agents/employees.

Camping and Housing There is no camping authorized in or near the project site.

Equipment Cleaning Equipment shall be cleaned of attached mud, dirt plant parts before entering, and when leaving the project area. If resources are unavailable, please find the nearest location to clean equipment.

Security Requirements See Attachment 2, Statement of Work

Licenses The Contractor shall provide an ISA Certified Arborist to perform the tree assessment and removal services.

Certification must be current and issued by the International Society of Arboriculture (ISA), demonstrating professional competency in arboriculture practices. Proof of ISA credentials shall be submitted with the proposal and verified prior to commencement of work.

LPF USFS Rincon Station - Santa Barbara Ranger District (RD) Emergency (ER) Sycamore Hazardous Tree Removal

Insurance In accordance with FAR 52.228-5, the Contractor shall, at its own expense, obtain and maintain during the full term of this contract the following insurance coverages:

Workers’ Compensation and Employer’s Liability o Coverage: As required by applicable Federal and State laws, including the Defense Base Act or Longshore and Harbor Workers’ Compensation Act, if applicable.

Commercial General Liability o Minimum limit: $500,000 per occurrence, $750,000 aggregate, covering bodily injury, property damage, and personal/advertising injury.

Automobile Liability (including owned, non-owned, and hired vehicles) o Combined single limit: $500,000 per accident for bodily injury and property damage.

Equipment and Property Insurance (optional, if heavy equipment is used) o Coverage: Insure equipment and tools owned or used by the Contractor on-site, with a reasonable limit as agreed with the Contracting Officer.

Contractor Responsibilities:

• Proof of Insurance: Prior to work commencement, provide the Contracting Officer with certificates and endorsements verifying required insurance.

• Notice of Cancellation: Policies must include endorsements stating no cancellation or material changes affecting the Government will be effective until:

1. As required by the State law where performance occurs, or

2. 30 days after insurer or contractor provides written notice—whichever is longer

Subcontractor Flow-down: Include these insurance requirements in all subcontracts. Retain copies of subcontractor insurance certificates and provide them to the Contracting Officer upon request Government Held Harmless: The Contractor shall indemnify and hold the Government harmless from claims arising from Contractor’s performance, except when caused by Government negligence.

Attachments

Attachment # Attachments A1. Standard 1449 and Terms A2. Statement of Work (SOW) A3. Schedule of Items (in Excel) A4. Photos A5. Maps A6. Service Contract Act Wage Determination 1977-0727, v79, Dated

12/03/2025 A7. Proposal Template –Proposal must identify and address all areas A8. Past Performance Questionnaire A9. Reps & Certs Fillable

Contract Clauses

Federal Acquisition Regulation (FAR) and United States Department of Aquiculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any contract or purchase order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions.

Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions

LPF USFS Rincon Station - Santa Barbara Ranger District (RD) Emergency (ER) Sycamore Hazardous Tree Removal that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation 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 the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-13 System for Award Management—Maintenance (Nov 2025) Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025)

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

LPF USFS Rincon Station - Santa Barbara Ranger District (RD) Emergency (ER) Sycamore Hazardous Tree Removal

Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

LPF USFS Rincon Station - Santa Barbara Ranger District (RD) Emergency (ER) Sycamore Hazardous Tree Removal

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

LPF USFS Rincon Station - Santa Barbara Ranger District (RD) Emergency (ER) Sycamore Hazardous Tree Removal

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

LPF USFS Rincon Station - Santa Barbara Ranger District (RD) Emergency (ER) Sycamore Hazardous Tree Removal

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation ( 31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

LPF USFS Rincon Station - Santa Barbara Ranger District (RD) Emergency (ER) Sycamore Hazardous Tree Removal

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Oct 2025)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(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. 3805 note)).

(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:

52.219-6 Notice of Total Small Business Aside (Nov 2025) 52.219-14 Limitations on Subcontracting (Sep 2021) (Deviation JUN 2020) (15 U.S.C.

637(a)(14)).

52.219-28 Post Award Small Business Program Rerepresentation (SEPT 2021) (15 U.S.C.

632(a)(2)).

52.222-3 Convict Labor (June 2003) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2025) 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025) 52.222-50 Combating Trafficking in Persons (Nov 2025) 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).

52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

LPF USFS Rincon Station - Santa Barbara Ranger District (RD) Emergency (ER) Sycamore Hazardous Tree Removal

(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:

52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits Forestry Technician $22.12 -- $5.55

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

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

(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).

(v) 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) https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/52.215-2#FAR_52_215_2 https://www.acquisition.gov/far/subpart-4.7#FAR_Subpart_4_7 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27

LPF USFS Rincon Station - Santa Barbara Ranger District (RD) Emergency (ER) Sycamore Hazardous Tree Removal

(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 (Jan 2025) ( 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 2016) (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 (Oct 2025) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50…