Attachment 1 Exhibits and AGAR Class Deviations.pdf

Land Management Integrated Resources BPA Call

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Exhibit 5: Reference from FSH 2409.17

EXCERPTS from FSH 2409.17

The following excerpts are from the Forest Service Handbook, R1-Supplement 2409.17-2002-1 (effective 4/29/200), Chapter 2 – Reforestation, as they relate to the C clauses of this contract. The Handbook is also referred to as FSH 2409.17 in this contract. The mandatory standards from the handbook are provided for ease in implementing this contract. In some cases, the handbook identifies examples or suggestions that may differ from specific requirements stated in Section C of the contract. When this occurs, Section C requirements take precedence.

Reference: C.4.2. Tree Handling and Care

FSH 2409.17, 2.53 - Tree Care from Storage to Planting

6. Transport of Trees.

a. Wrapped trees. Protect tree bundles from drying wind during transport. Do not transport them exposed in open trucks. It is best to transport bundles inside tree shipping cartons with tops exposed to air in insulated tree transport units, covered vans, canopied pickups, or trailers.

If it is necessary to stack boxes for transport, wrapped trees may be laid horizontally in original nursery bags and then placed in boxes for short periods. Do not roll or seal the bags. Once at the site, bags should be reopened and bundles placed upright. Air exchange is important when trees are exposed to temperatures over 36 degrees Fahrenheit.

b. Unopened Tree Boxes. Trees in unopened boxes should be transported in canopied trucks or vans. They can also be transported in open pickup beds providing they are well covered with white or reflective tarps. Do not expose tree boxes to wind or direct sunlight.

7. Tree Care While Planting.

a. Keep boxes in shade. Cover boxes at all times to keep them cool using reflective tarps (shiny side down) such as space blanket type tarps. Stacked boxes of trees shall be separated to provide free air movement between boxes.

Punctured or torn containers must be promptly resealed.

b. Planting bags for bareroot stock must have a minimum depth of 15 inches. Canvas bags with a silver colored reflective material on the outside and an inside compartment of neoprene and drain holes are preferred. This should be specified in the contract.

c. Seedlings, whether individual, in bundles, or bags, must be protected at all times from drying, heating, smothering, freezing, crushing, drowning, abrasion, rapid temperature fluctuations, or contact with injurious substances.

d. Do not remove trees from shipping containers until they are to be placed in planting bags. If water has accumulated in the bag, it must be emptied before being filled with seedlings.

e. Plant tree seedlings without further root or top pruning, or culling. If pruning or culling appears necessary, or if mold, dry roots, evidence of injury, or dying is seen, the condition shall immediately be reported to the Contracting Officer or the Planting Foreman.

f. Do not handle frozen stock until it is completely thawed.

g. Trees in planting bags shall have only their tops exposed. Loosen wrap from trees just prior to planting to allow trees to be easily extracted from the roll.

h. Do not remove a tree from the planting bag until the planting hole has been opened.

i. Remove seedlings gently from planting bag, one at a time, to prevent root stripping or other injury, and quickly and gently insert it in the planting hole.

j. Seedlings carried in planting bags shall not exceed the amount that can be carried and removed without injury, or which can be planted before critical heating or drying occurs. Once trees are placed in bags they must be planted and not returned to storage.

k. Container trees are extracted from tubes or blocks in which they are grown and placed in plastic bags for shipment. Each bag contains a set number of trees, usually 25 to 30 trees per bag depending on the grower. Some growers may wrap trees in plastic wrap rather than bags. Spring-shipped trees may be frozen. They must be thawed prior to planting.

l. Bagged trees go directly from the box to planting bags. Place trees vertically, with tops up, in planting bags.

Do not overload planting bags. Do not double stack seedlings in planting bags, even if tops are only 6 to 8 inches high.

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m. Summer-delivered trees should be planted as promptly as feasible, as they are not conditioned for storage.

Reference: C.4.2.4. Environmental Hazards that affect tree survival.

FSH 2409.1, 2.53 - Tree Seedling Storage

8. Weather and Soil Hazards During the Planting Operation.

a. Cold Air Temperature Hazards.

(1) Spring Planting. Do not begin planting until the probability of severe cold events has lessened to avoid freeze damage. Most planting windows in the northern Rockies are not open until after mid-April. Planting may begin earlier further south. Monitor the weather forecast once planting has started. Plan to suspend planting on days when extreme cold events such as Canadian air masses are expected to move in.

Normally, it is not early morning frosts that damage trees right after planting, it is extended periods of cold in lower teens and twenties that cause problems, and winds can make it worse. Plant when trees are still dormant. Dormant trees will withstand cold better.

Do not plant during freezing temperatures, and do not expose roots to freezing temperatures during planting.

Experience has shown that planting too early in the season can result in high mortality. Even though a site may be free of snow, do not plant when there is still a chance of killing frosts or when soil temperatures are low. The moisture content of the stems and needles in trees coming from packing boxes is high. When exposed to low temperatures during late freezes, the water in the plant tissues freezes, killing the tissue.

(2) Summer Planting Container. There may be freezing temperatures during the summer plant season at high elevations, especially at night. Summer stock is not frost hardy. Trees stored on site must be protected from severe freezing as new root tips are easily damaged. Do not start planting until the chances of hard frosts are over.

(3) Fall Planting. Fall-planted container stock is subject to frost damage when planted later in the season (after October 1).

Trees planted from mid-August through September are able to harden off normally as days shorten and night temperatures decline. By mid-October, these trees become cold hardy and can withstand temperatures well below freezing. If severe cold (teens to low twenties) weather is forecast, delay planting until low temperatures are expected to rise to normal fall temperatures. The moisture content of containerized trees coming out of the cooler will often be high. It will take a few days on the site for trees to lose the high moisture content and become more resistant to freezing.

b. Frozen or Cold Soils. Trees cannot be properly planted in frozen soils. It creates problems in opening the planting hole and filling it properly. Suspend planting operations if soils are frozen more than an inch deep. Do not plant if soils are below 40 degrees Fahrenheit at rooting depth. Adequate soil temperatures are needed for seedlings to absorb soil moisture.

c. Drying Winds. Winds can damage trees by drying roots and tops. Watch seedlings closely for signs of soil or root drying. Consider suspending operations if tree roots are drying between the planting bag and planting, or if soils are drying before the hole can be closed. Use temperature/humidity charts developed specifically for Rocky Mountain sites to determine suitable planting windows.

Warm winds can desiccate trees that have open stomata, typical of trees just removed from the planting box.

Consider suspending planting operations if there are warm drying winds and temperatures exceed 80 degrees Fahrenheit.

d. Dry Soils. Sufficient soil moisture is needed so the planting hole can be properly opened and closed. Base the decision to plant on soil condition and experience of local moisture patterns and planting windows. For example, if soils are dry in the last week of June and no rain is forecast, planting may not be appropriate. Although there are risks, if soils feel dry in April, trees can be planted assuming normal rains will occur.

On low to middle elevations in southwestern Colorado, Arizona, New Mexico, and southern Utah, do not plant trees in May or June unless soil moisture is adequate to get roots established. These are typically the driest months of the year.

Do not rely on anticipated monsoon rain patterns to make up current moisture deficits.

Seasonal moisture expectations dictate planting strategies during the fall planting season. Trees are becoming dormant and their moisture needs are declining as the season progresses. As well, trees with less water content will be less prone to freeze damage. Trees planted in late August will need more soil moisture than those planted in mid- September.

Trees planted at high elevations after mid-September will need relatively little additional moisture until next spring.

Planting late in the fall while waiting for wetting rain can result in cold damage to trees that are not properly conditioned and hardy for freezing temperatures.

e. Snow-covered Sites. Snow can make finding planting spots difficult. If planters cannot find planting spots, Revised 04-02-2025 Page 6 of 13 stop planting until the snow melts enough that planting spots can be detected. On some sites only an inch or two of snow can make planting spots difficult to find.

f. Warm Temperatures. Warm temperatures alone may not be extremely harmful, however; there are cases when heat may be a concern. For example, if it is 70 degrees Fahrenheit at 10 am and will be in the 80 degree-plus range most of the day, it is probably desirable to delay planting. Consider planting in early hours and late evening on very warm days or moving crews from south and west slopes to north and east slopes. Consider compounding factors particularly wind.

Moderately warm temperatures coupled with drying winds are extremely stressful to trees.

g. Water-Saturated Soils. Trees planted in waterlogged soils will suffocate and die. Tree roots must have air to function. Saturated soils also affect the ability to plant, especially in high clay or silt content soils. Soils must be well drained enough to properly open and close a hole for successful planting. Often soils too wet to plant immediately after snowmelt or heavy rains are plantable a few days or a week later.

On very wet sites, it may be necessary to change the stock type or season. For example, in spruce bottoms that are so waterlogged they can only be planted with summer and fall container stock.

FSH 2409.17, 2.82 - Contract Inspection

1.c. Weather Shutdown Guidelines. When the COR determines that temperature, humidity, soil moisture, winds, or a combination of these and other physical conditions are unsuitable for tree planting, move the work force to another area or suspend operations. Whenever suspension due to weather is contemplated, considerations must be given to the risk of delaying planting. Will conditions worsen or improve? Is tree survival at risk? When will the contractor return to complete the work?

(1) Factors to consider prior to suspending operations due to weather:

(a) Degree of stress to trees created by current weather conditions.

(b) Predicted future weather, including expected rainfall, winds or temperature changes.

(c) Length of planting season remaining.

(d) Number of trees left to plant.

(e) Condition of planting stock, particularly relative to dormancy.

(f) Availability of alternate sites on cooler aspects or to adjust work shifts (early or split shifts)

(2) Appropriate conditions for temporary shutdowns:

(a) Snow on the ground. Snow makes it difficult to select planting spots; too much snow will obscure planting spots and snow may fill the planting hole. Snow covering steep slopes may also be a hazard to planters.

(b) Frost on the ground. When there is more than ½ inch of frost in the ground, planting holes cannot be opened or closed properly.

(c) Freezing weather. Frozen tree roots or root plugs become brittle and roots are easily damaged and broken. Tops and needles are also subject to damage.

(d) Dry Soil. The soil is too dry to properly firm the tree. Dry soils that have the consistency of flour or hard clay cannot be planted without additional moisture. However, trees should be planted if the soil is workable and chance of future moisture is reasonable.

(e) Wet Soil. The soil is too wet to properly firm the trees. Sometimes soils must be allowed to drain before planting can continue.

(f) Winds. Sustained winds of 20 miles per hour or more with low humidities and high temperatures of 75 degrees Fahrenheit or more are damaging to seedlings. Winds coupled with low humidities and warm temperatures cause high moisture stress to seedlings. Consider planting at alternate time of day if possible. Many times, Rocky Mountain springtime weather fluctuates rapidly. Temperatures variations of 40 to 50 degree with changing winds and humidity may occur within hours. In these conditions protect seedlings from drying winds with wet kimtex type towels or burlap for short periods of time.

(g) High temperatures. Temperatures exceeding 85 degrees Fahrenheit for more than 4 hours cause moisture stress to the seedlings. Under these conditions, it may be desirable to only plant in the morning and evening rather than shut down operations.

(h) Wind or weather conditions in a burn area. Wind or other weather conditions can make

Revised 04-02-2025 Page 7 of 13 planting hazardous such as in a burn area. Planting should not continue when there are winds predicted or occurring that increases risk of snags falling within the unit during the planting operation.

(i) Weather Guides. When using weather guides for determining planting windows, use only those developed for the local area. Guides from other areas are not appropriate.

Reference: C.4.4.1. Satisfactorily Planted Tree

FSH 2409.17, 2.63 - Planting Hole Design

Locate holes for tree planting in good soil that is deep enough to accommodate the fully extended seedling roots. They should not be placed in rotten logs, duff or mixes of organic matter, or soil that easily dries out. The hole must be large enough in all dimensions so that seedling roots may be inserted without becoming deformed or damaged. Only an occasional long lateral root can be laid in the bottom of the hole in a non-vertical position.

Utilize the "Open Hole Method" in all cases. Open a hole with the planting tool to create a hole of adequate size to allow for natural alignment of tree roots and compaction of soil. Place loosened soil back into the hole and progressively firm soil from the bottom of the hole toward the top. The seedling should be positioned in the center of the hole. Side hole planting is only acceptable in limited cases where sandy soils are present.

Do not plant trees in narrow slits opened in the ground (slit planting); the seedling roots will not develop properly in most soils.

The minimum-size hole for container stock is:

1. One inch deeper than the plug length.

2. At least 3 inches in diameter at top of the hole and 1 inch at bottom.

3. Stem Orientation. Orient the tree stem at an angle between 90 degrees with the horizontal plane to 90 degrees with the slope face. This will be achieved if the hole is opened properly.

4. Firmness. Firmly tamp the soil around the planted tree roots filling and firming the hole progressively from the bottom toward the top. Do not tamp with sticks or by "heeling in" alongside the seedlings after planting. Do not leave any large air pockets in the hole and do not leave debris in the hole after closure. Roots not in close contact with mineral soil will dry, resulting in tree mortality.

FSH 2409.17, 2.67 – Planting the Container Plug

The container plugs are extracted from the container racks and packed (20 to 25 seedlings per package) in wrapped bundles or plastic baggies. Distribute plugs to planters in baggies, which are placed directly into the planting bag.

Container 6- to 9-inch plugs are generally easier to plant than longer rooted bareroot seedlings.

Containers are especially recommended for rocky sites where holes cannot be opened properly for bareroot stock. Containers can be planted with almost any planting tool available. Hoes, bars, and augers have all been used successfully, however, dibbles are not recommended.

1. Planting Depth. Plant the plug deep enough so that about 1 inch of soil can be placed on top of plug, level with surrounding soil surface in order to seal the plug in the ground. This is necessary in areas prone to frost heaving. In all cases, the entire plug and root media must be below the ground surface.

2. Plug (root) Arrangement. While container trees are somewhat easier to plant than bareroot trees, the same care should be given to ensure containers are properly planted. Do not break, bend, flatten or distort the plug in any manner to avoid damage to the root system. After the planting hole has been properly opened, plant the container tree as described for bareroot seedlings in section 2.66.

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3. Protection. Containerized seedlings are similar morphologically to natural and 1-0 seedlings in that they have very little heat protection (bark) on the stem. The high soil temperatures at ground level can easily kill the tree if not properly shaded

4. Dibbles - Caution. Dibbles should be used with caution. They are metal tools shaped in the form of a container that is pushed into the soil leaving a hole the shape of the container plug to be planted. Dibbles are suitable in light, fine textured soils, but in clay soils they have the effect of glazing or compacting the sides of the hole. This causes problems in root penetration or creates an air layer between plug and soil. When the air layer fills with water and freezes, frost heaving will occur.

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Reference: C.4.4.2. Clearing and Scalping

FSH 209.17, 2.62 - Planting Spot Site Preparation

Prepare the planting spot before planting in order to prevent surface debris (dry litter and duff) from falling into the planting hole and to free the spot from competing vegetation. Prior to opening the hole, the planter must follow this procedure:

1. Clearing. Remove all surface debris down to moist mineral soil within an area that is a minimum of 6 inches in diameter. Remove duff, litter, rotten or charred wood, loose rock, ashes, snow, surface frost and similar debris. After the tree has been planted, this material may be pushed back over the cleared surface to serve as mulch.

2. Scalping. Cut and remove all vegetation to a minimum of 1½ inches below the root crown. Width of the scalp is dependant upon the amount and kind of competing vegetation. Planting in sod-forming grasses generally requires scalping of 18 to 24 inches. Where larger scalps would be needed, herbicide and mechanical spot treatments should be considered.

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Reference: C.4.4.3. and C.4.4.4. Shade and Protection

FSH 2409.17, 2.61 - Planting Spot Selection - Microsites

Planting in favorable microsites protects seedlings from potentially harmful conditions and improves the probability of survival. This is especially true in areas of high animal use, high insolation rates, and extreme winds. To take advantage of microsites, the spacing requirements may need to be adjusted.

Silviculturists must evaluate local site conditions to assure the required microsite is tailored to the damaging agent.

1. Areas of High Animal Use. Cattle and big game damage is a major cause of plantation failure. Cattle generally trample the seedling and big game tends to feed on the plants. Plant seedlings near logs, stumps, or rocks where they are protected, which will inhibit trampling and animal browsing.

2. High Insolation. High insolation results in heat and moisture stress to the seedling and can cause mortality on any sites. Drier habitat types and those on south- and west-facing slopes are most damaging. Direct heat to the tree crown affects the physiology of the tree causing water maintenance deficits. Heat at the soil surface can cause the soil temperatures to be lethal to the seedling stem at the ground line. Early season insolation can also cause the seedlings to break dormancy too soon and become subject to freeze damage. All of these types of damage intensify on exposed slopes over 30 percent.

Stationary shade such as stumps, rocks and larger logs provide the best site protection. On south and west slopes, plant the seedling on the north to the northeast side of stationary shade to protect it from the afternoon sun. Where existing (stationary) shade is not present, other transportable shade types can be used in most cases. Use pieces of wood or branches that are larger than 4 inches in diameter, rocks, staked shingles, shade cards, and other material. Place the shade on the south and west side of the tree, to offer afternoon shade to the seedling (see exhibit 01). Rocks should not touch the tree. Staked shade cards or shingles are costly to install but are an option where there is no natural shade. Although it is beneficial to shade the entire crown of the seedling, the most critical area needing shade is the ground line. This is where insolation rates raise soil temperatures above the lethal point.

Ensure transportable shade placed on the uphill side of the planted tree is stable and will not roll onto the planted tree.

3. Types of Shade Materials.

a. Natural Materials.

(1) Live trees or brush. Live shade can provide beneficial protection to seedlings. Select planting spots that minimize moisture competition with the live shade plants. Plant so that seedlings are protected from the afternoon sun.

It is generally beneficial to plant near the root crown of brush because water- absorbing roots of shrubs are not as dense as compared to farther away from the crown, and trees placed here are protected from browsing animals. When planting under a tree overstory, it is generally desirable to plant outside the dripline and within the shade pattern of afternoon sun.

Planting within brush fields is risky. In a year with good moisture, newly planted trees may survive, however, if the following year is droughty, mortality may result as brush has the competitive advantage for moisture. Rodent damage can be more common in live brush areas resulting in increased damage as well.

(2) Standing dead trees or brush. Shade from standing dead trees and brush provides seedlings protection, but it is difficult for planters to move in dense thickets of dead brush, and falling debris may later smother or damage young seedlings. There is also a hazard to tree planters when planting in areas of standing dead trees.

(3) Downed logs, stumps, large pieces of debris. Down, dead organic material is ideal for microsites. Retain sufficient debris during logging and site preparation to assure adequate shade materials. There is a risk of root pathogens spreading from stumps to regeneration. Where root pathogens like Armellaria spp. are a known problem, do not plant adjacent to stumps. However, on most forested sites there are more benefits (shade and trampling protection) from planting near stumps than there is a risk of mortality from disease.

(4) Small debris. Small debris can protect the tree at ground line where shade is critical and other stationary shade is not present. Insolation often heats surface soils to temperatures lethal to natural regeneration and planted seedlings.

Mortality can be attributed to heat lesions at the ground line. To reduce this problem, place small pieces of material, at least 3 inches in diameter, so that they shade the ground and base of seedlings from afternoon sun. Do not place this material on the uphill side of trees.

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(5) Rocks. Using rocks as shade may be better than no shade but may cause heat problems if not properly placed. Rocks should not contact the seedling or reflect the sun's rays onto the seedling.

4 . Areas Prone to High Winds. Hot, desiccating winds or winter winds that blow snow and ice can cause damage to tree seedlings, especially container-grown stock. In areas known for hot winds, protect seedlings by planting them on the leeward side of large debris.

USDA Forest Service R2-FS-2470-9 (6/2001)

Page 1 of 2 Microsoft Word 2000

PLANTING INSPECTION SHEET – CONTRACT AND FORCE ACCOUNT

(FSH 2409.17)

FOREST

PSICC

DISTRICT

South Platte Ranger District

INSPECTOR CONTRACT NUMBER

COR

K. Smith PLOT 1/20th acre

SIZE

STAND

NUMBER

CONTRACTOR SUB ITEM

NUMBER

ACRES

AVERAGE

SPACING 8x8 to 18x18

MAX TREES/

PLOT 7

SHEET

NUMBER OF

D A

T E

P lo t N o

(2) (3) (4) (5) (6) (7) (8) (9) (10) (11)

Remarks Examine & Tally Planted Trees

D e s ir e d

N o o f

P la n ta b le

S p o ts

N

U n p la n ta b le

S p o ts

A c tu a l N o

P la n ta b le

S p ts

M a x im u m

N o

A llo w a b le T re e s

P la n te d re

W a s te re

T re e s S ta ti s

A b o v e

G ro u n

T re e s D u g

.T re e s S ta ti s

B e lo w

G ro u n

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)

*First line for above ground.

Second line for below ground.

TOTALS FINAL %

USDA Forest Service R2-FS-2470-9 (6/2001)

Page 2 of 2 Microsoft Word 2000

INSTRUCTIONS

1. locate and mark the plot center on the ground.

2. Locate and examine planted trees for above ground criteria. Record resultsin column 2 of inspection form.

Above Ground

Satisfactory Planting spot selection

S Spacing violation

P Planting spot selection

X Shade violation or protection (microsite) violation

D Planting depth

A Stem position – improper angle

F Firmness, tree improperly tamped, loose

C Scalping or clearing or planting spot preparation violation

W Wrong species

3. Determine from table 1 the average number of desired plantable spots for the plot based on the specified average spacing. Record results in column 3.

4. Determine and record in column 4 the number of spots void of planted trees that are unplantable due to acceptable existing natural regeneration or on-the-ground conditions. (Refer to definitions in supplement to the General Provisions.)

5. Subtract column 4 from the average number of planting spots and record the difference as the actual number of plantable spots on which trees should be planted on the plot in column 5.

6. Determine the maximum number of allowable trees from table 2 and record in column 6.

7. Record the number of trees planted on the plot from column 2 in column 7.

8. Determine wasted trees by subtracting the maximum number of allowable trees in column 6 from those planted (column 7) and if more than zero, record in column 8.

9. Record the number of planted trees meeting the above-ground contract specifications from column 2 in column 9. The maximum number of satisfactory trees to be credited shall not exceed the maximum number recorded in column 6.

10. Determine and dig at least the minimum number of trees from those determined satisfactory above ground in accordance with table 3 and record in column 10. The trees will be dug starting with those closest to the plot center and progressing outwards.

11. Tabulate below ground results in column 2 and record the number of trees meeting below-ground contact specifications in column 11.

Below Ground

Satisfactory F Firmness – air pockets, tree improperly tamped, loose

R Roots configuration violation L Altered root length violation

M Foreign material in planting hole O Planting hole orientation violation

12. Planting Quality Percent = Col. 9 x Col. 11 x 100

Col. 5 Col. 10

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March 2025 Class Deviation

This Call Order incorporates two FAR class deviations to ensure compliance with Executive Orders 14148, 14173, 14168, and 14208, issued since January 20, 2025. It also removes references to AGAR clauses and provisions that have been rescinded. These updates reflect recent policy changes and remove outdated requirements, as detailed below.

The following FAR provisions and clauses are hereby removed in their entirety from the LMIR BPA:

• 52.222-21 Prohibition of Segregated Facilities

• 52.222-26 Equal Opportunity

• 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026/1

1/This provision was removed to comply with the Executive Order 14236 titled "Additional Rescissions of Harmful Executive Orders and Actions," dated March 14, 2025.

The following FAR clauses now include deviations to align with recent Executive Orders:

• 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)

• 52.223-1 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)

Ther following references to AGAR Clauses and provisions are hereby removed to comply with AGAR Rule 2024-22463 (89 FR 81014):

• AGAR 452.211-74 Period of Performance (FEB 1988)/2

• AGAR 452.215-73 Post Award Conference (NOV 1996) /2

• AGAR 452.219-70 Size Standard and NAICS Code Information (SEP 2001) /2

• AGAR 452.236-72 Use of Premises (NOV 1996) /2

• AGAR 452.236-77 Emergency Response (NOV 1996)

• AGAR 452.236-78 Fire Suppression and Liability (MAY 2014)

• AGAR 452.237-74 Key Personnel (FEB 1988) /2

2/AGAR clauses and provisions that were included in full text have been retained, with only the AGAR reference removed.

The following AGAR clauses is hereby included:

• AGAR 452.236-70 Emergency Response, Fire Suppression and Liability (NOV 2024)

All call orders will incorporate these changes by reference at award.

Disclaimer: 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

Revised 04-02-2025 Page 13 of 13 these representations in SAM.

In advancement of Section 2 of Executive Order 14208, the removal of requirements related to Executive Order 14057 eliminates all non-statutory sustainability requirements or preferences in purchases of food service wares, including paper straws. In addition to removing requirements related to Executive Order 14057, the attachment also reflects recent updates to Code of Federal Regulation citations for the U.S.

Department of Agriculture’s BioPreferred® Program, a statutory purchasing preference program.

These class deviations will remain in effect until rescinded or incorporated into the FAR.