A10_0-RFP12970223R0060.pdf

Solicitation Number: 12970224R0060 Region 3 Hazard Tree Removal and Pruning IDIQ Page 1 of 45 Special Project Operations Center –Southwest Region Contractor(s) TBD

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued on 29 August 2024 as a Request for Proposal (RFP).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-07.

(iv) This procurement is a total small business set-aside. The NAICS code is 115310 – Forest Fire Suppression, and the Small Business Size Standard is $39M.

Product Service Code (PSC): F006 – Land Treatment Practices

(v) Schedule of Items/Price Schedule. See Excel Document and Attachments in Section D.

Offerors shall use the Excel spreadsheet to provide wage rates for items/categories listed.

(vi) Description of Requirement. See Section B herein and Attachments listed in Section D.

(vii) Date(s) and Place(s) of Delivery and Acceptance/Location(s) will be defined in the Task Order(s) awarded under this IDIQ. A detailed description of the Project Locations covered by this solicitation and resulting contract(s) can be found in Section B.

This solicitation and any resulting contract(s) cover two (2) USFS Region 3 Service Areas as follows:

Arizona Service Area: Apache-Sitgreaves, Coconino, Coronado, Kaibab, Tonto, and Prescott National Forests

New Mexico Service Area: Carson, Cibola, Gila, Lincoln, and Santa Fe National Forests

Interested offerors may submit a proposal for one or both of the service area(s).

(viii) 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021) (Provision). See Section E.1 for the applicable addenda to the provision and for specific instructions on how to submit proposals. Offerors are instructed to read the entire solicitation document, including all attachments, prior to submitting questions and/or preparing your proposal.

(ix) 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision). See Section E.2 of this solicitation for specific evaluation criteria. Paragraph (a) outlines the addenda of the provision.

(x) Interested offerors are required to include a copy of the Representations and Certifications in response to this solicitation. All offerors must have an ACTIVE registration in SAM.gov. See

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Section E.1 for further instructions and requirements. If the Offeror has completed the FAR representations and can be accessed, the Offeror must complete the provision at FAR 52.212-3 Offeror Representation and Certifications – Commercial Products and Commercial Services, with the submission.

(xi) 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021) (DEVIATION 2017-1) are included in this solicitation and will be included in the resulting contract(s). Addenda to this clause can be found in Section C.

(xii) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAY 2022) (DEVIATION 2017-1, DEVIATION APR 2020, and DEVIATION JUL 2020) is included in this solicitation and will be included in the resulting contract(s). Clause can be found in Section C.

(xiii) All requirements and/or terms and conditions necessary for the performance of this work are included herein, which incorporates all sections and attachments identified in Section D of this solicitation.

(xiv) Reserved.

(xv) Submission Due Dates. An anticipated schedule is as follows:

Event Date* Questions Due 09/06/2024 Proposals Due 09/13/2024

Award Notification(s) On or before 09/30/2024

*Note: For the purposes of this Request for Proposal issuance, Proposals are due no later than 1700 PDT on 13 September 2024. The projected dates thereafter are tentative and subject to change.

Offerors shall submit proposals electronically via email to Matthew Killian at matthew.killian@usda.gov. No other methods of submission will be accepted.

(xvi) For information regarding this solicitation, contact Matthew Killian at matthew.killian@usda.gov.

Questions must be submitted via email by 1500 PDT on 09/06/2024, to matthew.killian@usda.gov. Questions shall be submitted in the following format:

Document/Section Page Solicitation Language Question mailto:matthew.killian@usda.gov mailto:matthew.killian@usda.gov

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SECTION A – SCHEDULE OF ITEMS

A.1 SCHEDULE OF ITEMS

Completed Schedule of Items (A10_12970223R0060-Att1-FillableSOI) – Enter the appropriate rate for each labor category and equipment listed for the Base and four (4) Option Years (separated by worksheet). Due to the nature of this work, each Task Order might require a unique skill mix to accomplish the work. Therefore, Contractors should anticipate that each task order schedule will be unique to the project and may not use all the rates supplied in the parent contract on the orders.

A.3 NOTES TO SCHEDULE

A.3.1 Labor Rates:

All hourly labor rates are to be fully loaded, inclusive of direct costs, indirect costs, overhead or GA, profit, and incidental materials costs.

The Davis-Bacon Act applies to all activities that have construction elements within the meaning of the DBA and the implementing regulations of 29 CFR Part 5.

A.3.3 Equipment:

Major equipment shall be negotiated as required for a specific task order. Customary incidental tools of the trade and equipment shall be included within hourly labor rates.

Prices for items not included in the Schedule of Items but required for a particular project will be negotiated with each task order pricing proposal.

A.3.4 Travel/Per Diem:

Reimbursement for travel and per diem costs shall be IAW FAR 31.205-46 and limited to rates established in the Federal Travel Regulations for localities where work is performed, and all costs shall be included in the task order pricing proposal.

A.3.5 Materials:

Materials (other than incidentals) shall be negotiated as required for a specific task order and shall be included in the task order pricing proposal. Any analytical services and subcontracted services shall be included in the task order pricing proposal.

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SECTION B – SCOPE OF WORK

B.1 INTRODUCTION

The purpose of this multiple award IDIQ contract is to secure services for the felling, delimbing, and bucking of hazard trees, pruning of hazardous tree branches, machine/hand piling of slash, stacking of tree boles, chipping of tree boles and slash, and/or hauling away of tree boles and slash material. All work will occur in developed recreation sites, administrative sites, trailheads, day use areas, and other areas located on National Forest lands in Arizona and New Mexico (Region 3 Southwestern Region). The technical specifications for proper tree removal and disposal are listed below to ensure workplace safety and to limit damage to resources and infrastructure. The services secured with this contract will focus on the need to provide appropriate hazard tree mitigation when environmental conditions and visitor site conditions are adequate to minimize resource damage and promote human health and safety.

The Government anticipates four (4) IDIQ awards under this multiple award IDIQ contract.

More than or fewer than four (4) IDIQ awards may be issued, if it is determined to be in the Government’s best interest to do so.

B.2 SUMMARY OF ACTIVITIES

At the discretion of the Forest Service, hazard tree removal services may include one or more of the following activities. The specific activities would be specified in each individual task order.

1. Felling of hazard trees of various sizes and species - Hazard trees would be identified by Forest Service personnel and designated using either marking paint or flagging (plastic ribbon tied around trees/branches). Hazard trees would be directionally felled to avoid damage to other residual trees, recreation site improvements/structures, or other “unique features”. Directional felling may require rigging or other measures to ensure tree falls where needed.

2. Delimbing and bucking tree boles – Hazard tree boles would be delimbed and bucked into sections or lengths. Limbs would be removed where limb attaches to the bole. Bucking length will be specified in individual task orders.

3. Hauling away of tree boles, branches, and slash – Boles, branches, and slash resulting from hazard tree removal would be hauled away from the recreation site to a designated disposal site. Disposal sites will generally be a brush pit but may also be another designated area. Each disposal site would be specified in individual task orders.

4. Piling of tree boles, branches, and slash material – In select areas, tree boles and slash material would be piled using mechanized equipment or hand crews. The size of slash piles would be specified in individual task orders. All piles would be placed in areas designated by the COR where they could be safely burned in the future without damaging residual trees, recreation site improvements/structures, or other “unique features”.

5. Chipping of tree boles, branches, and slash material –Tree boles and slash would be chipped using mechanized equipment. Chips would be spread out so that depth does not exceed 2

Region 3 Hazard Tree Removal and Pruning IDIQ Page 5 of 45 Special Project Operations Center –Southwest Region Contractor(s) TBD inches. Chips would be pulled back at least 5 feet from the base of residual trees, recreation site improvements/structures, or other “unique features”. Chips would generally avoid campsites.

6. Pruning of hazardous tree branches – Branches would be pruned in accordance with the direction in the USDA Forest Service publication entitled “How to Prune Trees”. Trees to be pruned would be identified and designated by Forest Service personnel using either flagging or marking paint. Hazardous branches may include dead or dying branches or branches that are infected with dwarf mistletoe.

7. Stacking of tree boles – Tree boles would be stacked adjacent to campsites or other areas designated by the COR. The maximum size of stacks would be specified in the task order. All tree boles would be stacked in a uniform and orderly fashion. All slash material would be removed from the recreation site.

See the Performance Work Statement in Section D for details.

B.2.1 Project Location(s)

Projects may be located anywhere throughout United States Department of Agriculture (USDA) Forest Service (FS), Southwest Region 3. Region 3 (R3) includes eleven (11) National Forests, located in Arizona and New Mexico. Some of the work may encompass private land adjacent to these National Forest lands.

Hazard Tree Removal and Pruning Services are broken out into two (2) USFS Region 3 Service Areas as follows:

Arizona Service Area: Apache-Sitgreaves, Coconino, Coronado, Kaibab, Tonto, and Prescott National Forests

New Mexico Service Area: Carson, Cibola, Gila, Lincoln, and Santa Fe National Forests

Interested offerors may submit a proposal for one or both of the service area(s).

See the Performance Work Statement in Section D for details.

B.2.2 Period of Performance

The contract(s) will be awarded for one (1) base year and four (4) option years.

Each Task Order awarded under this IDIQ will have negotiated periods of performance appropriate to the activity(ies) required.

B.3 GENERAL CONTRACT REQUIREMENTS

B.3.1 Project Timelines

Elapsed time between Task Order award by the Government and completion of an activity by the

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Contractor will be identified in each individual task order.

All task order performance times are on a project-specific basis, established by mutual agreement between the Government and the Contractor, depending on the urgency of the situation, weather conditions, and/or other variables impacting performance schedule. During task order performance, it is the Contractor’s responsibility to issue a timely, written request to the task order Contracting Officer for a project time frame extension, immediately following the Contractor’s discovery that the established project timeline will not be met, regardless of cause.

The task order Contracting Officer will adjudicate the request and make a determination based on all relevant details of the circumstance, taking into consideration factors including but not limited to Government-caused delays and other factors. This is not to be misconstrued as a guarantee that the Contractor’s extension request will be granted upon request. The Government may also seek consideration in exchange for an approved extension, dependent on the Contracting Officer’s adjudication of factors relevant to the request.

B.3.2 Technical Direction

a. The site/task order Contracting Officer Representative is the primary representative of the Contracting Officer authorized to provide technical direction on contract performance.

b. Individuals other than the site/task order Contracting Officer Representative may be authorized to provide technical direction. If individuals other than the Contracting Officer Representative are authorized to provide technical direction, their names will be specified in the contract, task order or technical direction document as appropriate.

c. The site/task order Contracting Officer Representative is authorized to provide technical direction, subject to the limitations set forth below, only on his/her Task Order.

d. Technical direction includes, but is not limited to:

• Direction, within the scope of the Task Order and Parent IDIQ Contract, to the contractor which assists the contractor in accomplishing the Task Order.

• Comments on and approval of reports or other deliverables.

• With the approval of the Contracting Officer, requests for the Contractor to submit a revised work plan and cost proposal.

e. Technical direction must be within the scope of the contract and the Task Order. The Contracting Officer Representative or any other technical representative authorized by the Contracting Officer does not have the authority to issue technical direction which (1) institutes additional work outside the scope of the contract and/or Task Order; (2) constitutes a change as defined in the "Changes" clause; (3) causes an increase or decrease in the estimated cost of the contract and/or Task Order; (4) alters the period of performance; or (5) changes any of the other express terms or conditions of the contract, Task Order or technical direction document. If the Contractor receives any such unauthorized direction from a government representative other than the Contracting Officer, the Contractor is to contact the Contracting Officer immediately, before

Region 3 Hazard Tree Removal and Pruning IDIQ Page 7 of 45 Special Project Operations Center –Southwest Region Contractor(s) TBD acting on the direction. The Government is not liable for any Contractor actions carried out, work performed, or costs incurred in response to any such unauthorized direction.

f. Technical direction will be issued in writing or confirmed in writing within five (5) calendar days after verbal issuance. One copy of the Technical Direction Memorandum will be forwarded to the Contracting Officer and the Contracting Officer Representative.

B.3.3 Authority to Take Direction

The contractor agrees to make whatever arrangements are necessary to ensure that there is someone on-scene at all times with the authority to take technical direction from Forest Service personnel authorized to do so and to manage the activities being performed. If work is being performed solely by Team Subcontractor personnel and there is no on-scene presence of a representative from the prime contractor's firm, the contractor agrees to provide such subcontractor(s) with the authority to take direction as its agent and to make decisions on behalf of the contractor.

B.3.4 Quality Assurance and Quality Control

The Contractor shall ensure that appropriate Quality Assurance and Quality Control (QA/QC) measures are applied to all activities.

B.3.5 Wage Determination

The applicable wage determination(s) will be incorporated in accordance with each Task Order as appropriate by the Activity(ies) the Task Order involves.

B3.6 Sustainable Products / Bio-Based Program

The Contractor shall utilize products and material made from biobased materials (e.g. biobased greases, biobased hydraulic fluids, biobased absorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user.

All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards. All supplies and materials to be used in the performance of work described herein are subject to the approval of the Contracting Officer.

B.3.6.1 In the performance of this contract, the Contractor shall make maximum use of biobased oils and lubricants that are designated by the United States Department of Agriculture unless the product cannot be acquired:

- Competitively within a time frame providing for compliance with the contract performance schedule;

- Meeting contract performance requirements; or

- At a reasonable price.

- Information about this requirement and these products is available at https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

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B.3.6.2 The Federal Acquisition Regulation (FAR) requires Contractors to report the purchase of biobased products under service and construction contracts during the previous Government fiscal year (October 1 thru September 30) and to submit this report no later than:

1. October 31 of each year during contract performance; and

2. At the end of contract performance.

Information about this requirement is available at https://www.biopreferred.gov/BioPreferred/

B.7 INSPECTION AND ACCEPTANCE

Inspection and acceptance criteria, specific to each project, shall be stated in each task order placed under this contract.

B.8 CONTRACT ADMINISTRATION

B.8.1 Forest Service Representatives

The Contracts Specialist and primary contact for this multiple award IDIQ contract is Matthew Killian, matthew.killian@usda.gov.

The Contracting Officer (CO) for this multiple award IDIQ contract will be determined at the time of award. The Contracting Officer has full warrant authority and will be the signatory as well as point of contact for all further communication for administrative matters during the solicitation and post contract award until otherwise stated.

The technical point of contact/Contracting Officer Representative (COR) for this multiple award IDIQ contract will be determined at the time of award. The COR delegated authority, responsibilities, and contact information will be defined on a delegation letter issued after contract award.

Each Task Order awarded under this contract will be assigned a Contract Specialist, Contracting Officer, and Contracting Officer Representative for that specific project.

B.8.2 Contractor Representatives

The Contractor shall identify a Person(s) of Contact for administrative tasks such as invoicing and contract modifications. Additional personnel may be identified as Person(s) of Contact by each individual Task Order.

B.8.3 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 https://www.biopreferred.gov/BioPreferred/

Region 3 Hazard Tree Removal and Pruning IDIQ Page 9 of 45 Special Project Operations Center –Southwest Region Contractor(s) TBD 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 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.

B.9 TASK ORDER ISSUANCE

B.9.1 Request/Description of Work

The Government will notify the Contractor(s) in writing of each project (task order) falling under the appropriate activity area. This notification will include an outline of the scope of the project, the project location, the expected results of the completed project, reports or products to be provided (if/as needed), and as much additional pertinent information as possible, including but not limited to a statement of any Government- furnished property, maps, aerial photos, and project files when available and applicable. A project may involve a single task, part of a single task, and/or multiple tasks as described under any one of the activity areas stated in this contract.

B.9.2 Selection Criteria for Awarding Task Orders

The Government will evaluate all task order proposals based on the Best Value Continuum and will include, at a minimum, the following evaluation factors: (1) the Contractors’ technical approach and demonstrated ability to perform the work required by the task order, (2) past performance on completed and on-going task orders, and (3) price. Additional evaluation factors may be included at the Task Order level if/as needed, at the discretion of the Task Order Contracting Officer. Additional information for technical approach, quality control plan, and a safety plan not previously submitted may be requested and evaluated prior to awarding Task Orders. The successful awardee of a task order will be the contractor whose offers represents the https://www.ipp.gov/index.htm https://www.ipp.gov/vendors/enrollment-vendors.htm

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B.9.3 Fair Opportunity to be Considered

The Contracting Officer will provide each Contractor in the applicable USFS Region 3 Service Area a fair opportunity to be considered for each Task Order in excess of $15,000.00 unless one

(1) of the exceptions at FAR 16.505(b) applies.

a. The agency need for services is so urgent that providing such opportunity would result in unacceptable delays;

b. Only one such awardee is capable of providing such services required at the level of quality required because the services ordered are unique or highly specialized; or

c. The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to a task order already issued under this contract, provided that all multi-awardees were given fair opportunity to be considered for the original order.

d. It is necessary to place an order to satisfy a minimum guarantee.

e. For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

f. In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

When services are required, a Statement of Work (scope of project and all attachments) will be sent to all Contractors in the USFS Region 3 Service Area with specific instructions for the submission of responses and due date.

Contractors will generally be given 14 days to prepare and submit responses; however, more or less time may be allotted based on the requirements of the individual Task Order. Contractors unable to perform a requirement, must submit a “No Response” reply to the Task Order Proposal Request, with an explanation as to why no offer is being provided.

B.9.4 Task Order Process

All Task Orders must be awarded by a warranted USFS Contracting Officer. When services are required, a Task Order Proposal Request will be sent to each Awardee of a base contract. If a Fair Opportunity Exception applies, the Task Order Proposal Request will be issued to one contractor. Each Task Order Proposal Request will include, at a minimum, the required due date, specific instructions for the submission for offers, evaluation factors, and other information deemed appropriate by the Task Order Contracting Officer.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/19.htm#P3_68

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All contractors receiving a Task Order Proposal Request are required to respond. Negative replies are required, which shall include a rationale for non-submittal. Participation in Task Order competitions will be reviewed on an annual basis and may result in a contractor being off-ramped from the contract. Reference B.9 for on/off ramp procedures.

Awardees under the contract will generally be allowed 10 working days to prepare and submit proposals. However, more or less time may be necessary based on the complexity of the requirement.

All Task Orders will be issued on a Firm-Fixed-Price (FFP) basis with a signed SF-1449 issued by the USFS. A Notice to Proceed may be issued verbally (if necessary) or in writing upon award of the Task Order. Any verbal Notices to Proceed will be followed by written notification from the Contracting Officer.

B.9.5 Designation of Contracting Officer’s Representative

The Task Order Contracting Officer will designate a Task Order Contracting Officer’s Representative (COR) through a COR Designation Letter that will outline the COR’s duties, responsibilities, and authorities. The COR is responsible for monitoring Contractor performance of services, schedules, and invoicing. The COR will never be designated the authority to make substantial changes to the Parent IDIQ Contract or Task Order; therefore, any changes to the Task Order whether verbal or in writing are not binding for either party until a written modification is signed and executed by the Task Order Contracting Officer.

The COR must be notified as soon as possible of any actions or inactions by either the Government or the Contractor that may change the required completion time stated in the Task Order, any change in field conditions or newly discovered information which would require additional work beyond the approved Task Order work plan(s), or of any other substantial change to the Task Order requirements. The COR will work with the Contracting Officer to modify the Task Order accordingly. No work outside of the Task Order scope may occur unless approval has been provided by the Task Order Contracting Officer. Any work completed outside of Task Order scope may result in non-payment or cancellation of Task Order.

B.9.6 Approval of Subcontracting

The Contractor shall notify the Task Order Contracting Officer of any subcontract arrangement that will be utilized in the performance of Task Order services prior to award of Task Order. The subcontractors that are intended for use on an individual Task Order should match those subcontractors who were listed at the time of the Parent IDIQ Contract award. If the Contractor intends on using different subcontractors, the Contractor must provide notification to the Task Order Contracting Officer as part of the Task Order request response using Forest Service (FS) form 6300-11.

B.9.7 Fire Plans

As required, Forest Specific Fire Plans for Construction and Service Contracts (06-14-06) will be provided to the Contractor as part of each Task Order request as necessary.

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B.9.8 Service Contract Labor Standards Wage Determination:

The applicable Department of Labor Wage Determination will be incorporated in each Task Order IAW the location of Task Order requirement.

B.9.9 Task Order Deliverables

Upon completion of a project Task Order under this contract, the Contractor shall prepare and submit to the USFS all deliverables as required by the Task Order Activities.

B.10 ON/OFF RAMP OF CONTRACTORS

B.10.1 On Ramp

The Government reserves the right to utilize an “On Ramp” concept to manage and maintain a sufficient number of contract awardees. Consistent with FAR 16.504(c)(1)(ii)(A), the Government has determined that at all times during the term of the Region 3 Hazard Tree Removal and Pruning IDIQ Contract, there remain an adequate number of Contractors eligible to compete for Task Orders. Over time, the total number of Contractors may fluctuate due to various reasons including industry consolidation, significant changes in the marketplace, general economic conditions, etc. Recognizing this, the USFS intends to periodically review the total number of Contractors in each USFS Region 3 Service Area participating in the Task Order process and determine whether or not it would be in the Government’s best interest to initiate an open season to add new Contractors to the Region 3 Hazard Tree Removal and Pruning IDIQ Contract awardee list. This review by USFS may include an assessment of the market and new innovations available. This is a discretionary, unilateral authority of the Government, and may be used at any time during the IDIQ performance period. Any new contracts will contain terms and conditions identical to those in this contract. It is anticipated that the On Ramp of new Contractors, if implemented, will be done through a competitive process.

B.10.2 Off Ramp

If at any point during the period of performance a Contractor decides that it no longer wishes to participate in the IDIQ contract, then the Contractor may submit the request to the IDIQ Contracting Officer requesting termination of their contract. If the Contracting Officer accepts the Contractor’s request, the Contracting Officer will “ramp off” the Contractor using FAR 49.109-4 No-Cost Settlement. This provision is independent of any other action permitted under the contract terms and conditions. If a “ramped off” Contractor is currently under contract to perform under any Task Order, the Contractor will be required to continue to perform under the terms of the specific Task Order.

Failure to respond to three (3) consecutive Task Order Proposal Requests (including failure to submit a “No Response”) may result in the Contracting Officer terminating the contract.

Unsatisfactory performance on the part of the Contractor may also result in the Contracting Officer terminating the contract.

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SECTION C – CONTRACT CLAUSES

Clauses Incorporated by Reference

FAR 52.203-3 Gratuities (APR 1984) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019) FAR 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts

(MAY 2024)

FAR 52.228-5 Insurance – Work on a Government Installation (JAN 1997) FAR 52.232-19 Availability of Funds for Next Fiscal Year (APR 1984) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR

1984) FAR 52.242-15 Stop-Work Order (AUG 1989) FAR 52.242-17 Government Delay of Work (APR 1984) FAR 52.245-1 Government Property (SEP 2021) Alt 1 (APR 2012) FAR 52.245-9 Use and Charges (APR 2012) AGAR 452.236-73 Archaeological or Historic Sites (FEB 1988) AGAR 452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996) AGAR 452.237-76 Progress Reporting (FEB 1988)

Clauses Incorporated by Full Text

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: Policies & Regulations | USDA

(end of clause)

FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (MAY 2024)

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

(1) FAR 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 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.acquisition.gov/far/52.203-19#FAR_52_203_19

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Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) FAR 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) FAR 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) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

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

(6) FAR 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) FAR 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:

[Contracting Officer check as appropriate.] ☒ (1) FAR 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☒ (2) FAR 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509)).

☐ (3) FAR 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) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

☒ (5) FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

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

☒ (8) FAR 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

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

☐ (10) FAR 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title II) ☒ (11)(i) FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023) (Pub. L. 115–390, title II) ☒ (ii) Alternate I (Dec 2023) of FAR 52.204-30.

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/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30

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

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

☐ (14) [Reserved].

☐ (15) FAR 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

☐ (16) FAR 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (17) [Reserved] ☒ (18) (i) FAR 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

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

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

644).

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

☒ (20) FAR 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

☐ (21) (i) FAR 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

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

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

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

☐ (v) Alternate IV (Sep 2023) of FAR 52.219-9.

☒ (22) (i) FAR 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

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

☒ (23) FAR 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

[Contracting Officer check as appropriate.] ☒ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (24) FAR 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

☐ (25) FAR 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

☒ (26) (i) FAR 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

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

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

https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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☐ (28) FAR 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m).

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

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

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

☒ (32) FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).[ ☒ (33) FAR 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

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

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

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

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

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

☒ (37) FAR 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

☒ (38) FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

☒ (39) (i) FAR 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. chapter 78 and E.O. 13627).

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

☒ (41) (i) FAR 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 FAR 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (42) FAR 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

☐ (43) FAR 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

☐ (44) FAR 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

☐ (45) FAR 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

☒ (46) FAR 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

☐ (48) (i) FAR 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

☐ (ii) Alternate I (Oct 2022) of 52.225-1 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.usda.gov/sites/default/files/documents/far-class-deviation-regarding-new-trade-agreements-thresholds.pdf https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54…