Attachment 05 EO CLAUSE UPDATE INSERT.pdf

TASK ORDER AND CONTRACT CLAUSE/PROVISIONS UDPATE

14 MAR 2025

Background: Section 2 of Executive Order 14148, “Initial Rescissions of Harmful Executive Orders and Actions,” dated January 20, 2025 (90 FR 8237), revoked Executive Order 14057, “Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability,” dated December 8, 2021.

Section 2 of Executive Order 14208, “Ending Procurement and Forced Use of Paper Straws," dated February 10, 2025 (90 FR 9585), directs agencies to take appropriate action to eliminate policies designed to disfavor plastic straws.

AND

Background: Executive Order (E.O.) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” revoked E.O. 11246, “Equal Employment Opportunity.” Several FAR provisions promulgated to enforce E.O. 11246 are inconsistent with the direction of the President (see FAR subpart 22.8 and associated provisions and clauses as prescribed at FAR 22.810).

The following changes are made to this TASK ORDER/CALL / OR CONTRACT:

1. When issuing new solicitations or contracts do not include any of the following provisions and clauses:

· Paragraph (c) of 52.222-9, Apprentices and Trainees (include paragraphs (a) and (b))

52.204-8 Annual Representations and Certifications (JAN 2025) 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial

Services (JAN 2025) 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025) 52.222-21, Prohibition of Segregated Facilities 52.222-22, Previous Contracts and Compliance Reports 52.222-23, Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction 52.222-24, Preaward On-Site Equal Opportunity Compliance Evaluation 52.222-25, Affirmative Action Compliance 52.222-26, Equal Opportunity 52.222-27, Affirmative Action Compliance Requirements for Construction 52.222-29, Notification of visa denial 52.223-1 Biobased Product Certification (MAY 2024) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024) 52.223-10 Waste Reduction Program (MAY 2024) 52.223-19, Compliance with Environmental Management Systems (MAY 2011) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation (DEC 2016) 52.223-23, Sustainable Products and Services (MAY 2024)

2. When issuing new solicitations or contracts include the following updated provisions and clauses, if applicable:

52.204-8, Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025) 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025) 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services

(JAN 2025) (DEVIATION FEB 2025)

52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025) (DEVIATION

FEB 2025)

52.223-1 Biobased Product Certification (MAY 2024) (DEVIATION FEB 2025) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024) (DEVIATION FEB 2025) 52.223-10 Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025) 52.223-23, Sustainable Products and Services (MAY 2024 (DEVIATION FEB 2025)) 52.244-6, Subcontracts for Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)

3. When issuing new solicitations, include the following notice:

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

52.223-23 Sustainable Products and Services (May 2024)

(a) Definitions. As used in this clause— Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. ( 7 U.S.C. 8101) ( 7 CFR 3201.2).

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. ( 42 U.S.C. 6903).

Sustainable products and services means products and services that are subject to and meet the following applicable statutory mandates and directives for purchasing:

(1) Statutory purchasing programs.

(i) Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines ( 42 U.S.C. 6962) ( 40 CFR part 247) ( https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(ii) Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products ( 42 U.S.C.

8259b) ( 10 CFR part 436, subpart C) ( https://www.energy.gov/eere/femp/search-energy-efficient-products and https://www.energystar.gov/products?s= mega).

(iii) Biobased products meeting the content requirement of the USDA under the BioPreferred® program (7 U.S.C. 8102) ( 7 CFR part 3201) ( https://www.biopreferred.gov).

(iv) Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone ( 42 U.S.C. 7671l) ( 40 CFR part 82, subpart G) ( https://www.epa.gov/snap).

(2) Required EPA purchasing programs.

(i) WaterSense® labeled (water efficient) products and services ( https://www.epa.gov/watersense/watersense-products).

(ii) Safer Choice-certified products (products that contain safer chemical ingredients) ( https://www.epa.gov/saferchoice/products).

(iii) Product and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 ( https://www.epa.gov/ greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing).

(b) Requirements.

(1) The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract.

(2) The Contractor shall ensure that the sustainable products and services required by this contract are—

(i) Delivered to the Government;

(ii) Furnished for use by the Government;

(iii) Incorporated into the construction of a public building or public work; and

(iv) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract (versus costs which are normally applied to the Contractor's general and administrative expenses or indirect costs). This includes services performed by contractors performing management and operation of Government-owned facilities to the same extent that, at the time of award, an agency would be required to comply if an agency operated or supported the facility.

(3)

(i) Except as provided in paragraph (b)(3)(ii) of this clause, sustainable products and services must meet the applicable standards, specifications, or other program requirements at time of BID or offer submission; and

(ii) Sustainable products and services must meet the EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023.

(c) Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/greenprocurement provides a comprehensive list of sustainable products and services and sustainable acquisition guidance. The Contractor should review the GPC when determining which purchasing programs apply to a specific product or service.

End of clause

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CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

https://www.govinfo.gov/link/uscode/7/8101 https://www.ecfr.gov/current/title-7/section-3201.2 https://www.govinfo.gov/link/uscode/42/6903 https://www.govinfo.gov/link/uscode/42/6962 https://www.ecfr.gov/current/title-40/part-247 https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/8259b https://www.ecfr.gov/current/title-10/part-436/subpart-C https://www.energy.gov/eere/femp/search-energy-efficient-products https://www.energystar.gov/products?s=mega https://www.energystar.gov/products?s=mega https://www.ecfr.gov/current/title-7/subtitle-B/chapter-XXXII/part-3201 https://www.biopreferred.gov/ https://www.govinfo.gov/link/uscode/42/7671l https://www.ecfr.gov/current/title-40/part-82/subpart-G https://www.epa.gov/snap https://www.epa.gov/watersense/watersense-products https://www.epa.gov/saferchoice/products https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing https://sftool.gov/greenprocurement salves Highlight

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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CONTINUATION SHEET

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NAME OF OFFEROR OR CONTRACTOR

REVOLUTIONARY FAR OVERHAUL (RFO) 25-15 COMPLIANCE

The contracting officer must insert the clauses in Table 1 in solicitations and contracts when a fixed-price construction contract or a fixed-price dismantling, demolition, or removal of improvements contract is contemplated, and the contract amount is expected to exceed the simplified acquisition threshold. The Table 1 clauses may be used for contracts valued at or below the simplified acquisition threshold.

Clause Title

• 52.236-2 Differing Site Conditions

• 52.236-3 Site Investigation and Conditions Affecting the Work

• 52.236-6 Superintendence by the Contractor

• 52.236-8 Other Contracts

• 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

• 52.236-10 Operations and Storage Areas

• 52.236-12 Cleaning Up

• 52.236-5 Material and Workmanship

• 52.236-11, Use and Possession Prior to Completion

• 52.236-13 Accident Prevention

• 52.236-15 Schedules for Construction Contracts

• 52.236-17 Layout of Work https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/8259b https://www.energystar.gov/products?s=mega https://www.energystar.gov/products?s=mega https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing