Attachment 1 - Solicitation Terms and Conditions.pdf

Grounds Maintenance Services for USDA, AMS, Cotton & Tobacco Program in Memphis, TN

Solicitation Number 12639526Q0122

Statement of Requirement (Performance Work Statement):

This is a non-personal services contract to provide grounds maintenance and snow and ice removal services for the USDA, Cotton and Tobacco program located at 3275 Appling Road in Memphis, TN 38133. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract services providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

SCOPE

The contractor must provide all personnel, supplies, supervision, tools, materials, equipment, transportation, fuel and other items necessary to provide snow and ice removal services in accordance with this Performance Work Statement (PWS). The contractor shall perform to the standards in the contract as well as all federal, state and local regulations.

DEFINITIONS

As used throughout this contract, the following terms shall have the meaning set forth below.

SNOW FALL The total accumulation of snow that the contractor plows each time the contractor is called out to the site to perform plowing/sanding/salting/deicing as measured by the Contractor and may be required to be confirmed by the

GOVERNMENT REPRESENTATIVE.

MEASUREMENTS All measurements are approximate and should be field verified by the Contractor and government representative. A date stamp photograph may be substitute with approval of the GOVERNMENT REPRESENTATIVE.

PERFORMANCE REQUIREMENT SUMMARY The contractor service requirements are summarized into performance objective that relate directly to the mission essential items.

CONTRACTOR REPRESENTATIVE A foreman or superintendent assigned in accordance with the SOW.

GOVERNMENT REPRESENTATIVE The Government employee designated by the Contracting Officer to be responsible for monitoring of Contractor’s performance, who shall have the primary responsibility for assuring that all supplies, service or workmanship presented to or performed for the Government meet all conditions of the contract.

QUALITY CONTROL PROGRAM (QC) Contractor’s system of controlling the equipment, system or services to ensure the requirements of the contract are met.

Contractor is responsible for QC and for offering to the Government for acceptance only those samples or services conforming to contract requirements.

STANDARD SERVICES - GROUND MAINTENANCE REQUIREMENTS:

GENERAL COMPLIANCE

Report to Facilities Manager or designee upon site visit (if contractor visit occurs over the weekend, then the following business day.

Review work plan for that visit or upcoming visits.

Review ground maintenance check list to ensure compliance before any payments will be authorized.

LAWN SERVICES

Close cutting grass at beginning of spring Mowing weekly, grass height not to exceed 3.5 inches Trimming (weed eating) weekly Edging sidewalks, curbs, etc. weekly Fertilizer application as needed, a minimum of three times per year (spring, early summer, and late summer) Services performed so as to maintain a manicured and healthy green lawn that is “weed free”.

Service should include approximately 40 cuttings.

WEED CONTROL

Pre-emergence Post-emergence Remove all weeds from parking and driveway surfaces Services performed as needed to maintain a “weed free” lawn and plant beds. This shall include prevention and elimination of weeds without damaging existing plants.)

All chemical applications must adhere to all applicable codes and labeling.

All chemical applications requiring certified applicators shall be performed according to all applicable codes and regulations.

Each chemical application should be recorded. Copies of when each application and what has been applied to the property are given to the USDA Designee.

FLOWERBEDS, SHRUBS AND TREES

Planting and removal of seasonal flowers and plants in designated areas (A minimum of 30 flats (cell package) shall be supplied within 1 week for the following months: April, June, August and October. The USDA designee shall approve the plant varieties used and the locations.

Maintaining brown mulch to a depth of 2 - 3 inches throughout the contract (A minimum of 2 applications per year is suggested.) (Designee shall approve mulch before application)

Trimming of shrubs to be done a minimum of 2 times per month.

Tree pruning to be done in November.

NOTE: Contractor shall collect and haul away all trimmings.

WATERING SYSTEM

Control of water intervals to maintain a green and healthy landscape including grass, shrubs, flowers, trees, etc.

Maintenance of existing water system according to manufacturer’s recommendations including setting watering times corresponding to the existing watering zones. The contractor shall be responsible for opening the water system at the beginning of the contract and for any repairs needed for the water system to work properly. The contractor shall be responsible for closing the water system at the end of the contract according to the manufacturer’s specifications. The contractor shall be responsible for any damage due to contractor negligence and shall incur all cost associated with the damage. USDA to provide facilities water system zones to contractor. USDA designee will provide assistance with the operation of water system.

LEAVES AND TRASH

During the months of March - October, weekly removal of leaves and trash along all fence lines, parking lot, back lot, truck wells, picnic area, flowerbeds, foundations, etc.

During the months of November - February, Bi-Weekly removal of leaves and trash along all fence lines, parking lot, back lot, truck wells, picnic area, flowerbeds, foundations, etc.

PEST AND DISEASE CONTROL

All lawn, shrub and tree pests shall be controlled.

Prevention and control of plant fungus and disease.

ESTIMATED NUMBER OF APPLICATIONS, MONTHS (2 x per month MAY, 1 -

SEP, 30)

Each application should be recorded. Copies of when each application is performed and what has been applied to the property are given to the USDA designee.

CONCRETE LINED DRAINAGE DITCH

Remove sediment and debris as needed.

Not more than two times per year - COR will provide the dates when needed.

ABOVE STANDARD SERVICES (ORDERED AS-NEEDED) - SNOW AND ICE

REMOVAL TASKS

USDA may order Above Standard Services (Ordered As-Needed) for Snow and Ice Removal as outlined below at its discretion at any time throughout the period of performance of the IDIQ contract. If ordered, USDA will issue a task order for the additional service ordered, containing a firm fixed-price (per task) as awarded and applicable for the Ordering Period that the Above Standard Service is ordered within, utilizing the awarded level of effort (hourly rate). Due to the nature of these services, a Contracting Officer may provide a verbal or written notice to proceed to the contractor with a specified dollar limitation not-to-exceed, to be definitized on a later date via task order after snow and ice removal services are rendered. If Above Standard Services are ordered and the total of the order is $2,500.00 or less, the order may be paid via Government Purchase Card (GPC) (credit card). The Contractor must have and maintain the ability to accept major credit cards.

GENERAL SERVICES

The Contractor shall remove snow and ice from all paved areas, sidewalks, landings and entrance ramps at the front and rear of the building. The Contractor shall ensure walkways are free of snow accumulation, piles, or drifts by removing all snow and ice from sidewalks, landings, and entrance ramps to include a six (6) inch margin to the side of the paved area. The Contractor shall remove snow, including drift or piles, from all remaining paved entrance surfaces.

The Contractor shall immediately remove ice upon notification from GOVERNMENT REPRESENTATIVE to perform services to provide secure footing or safe driving conditions. The Contractor shall provide all salted sand. Contractor shall remove and dispose of excess accumulations of sand off Government property.

CATCH BASINS

All snow shall be removed from all catch basins to allow free drainage. The basins shall be cleared at the end of each snowstorm. Contractor may conduct a site visit to verify location of catch basins.

HYDRANTS

All snow shall be removed from the hydrants so they may be easily accessible. The cleared area shall be approximately six (6) feet wide around the hydrant. The hydrants shall be cleared at the end of each snowstorm.

DUMPSTERS

No snow shall be placed in front of the dumpsters.

MONITORING WELLS

No snow shall be stockpiled at or near any monitoring wells.

SIDEWALKS/RAMPS/STAIRS

All sidewalks/ramps/stairs shall be cleaned at least each three (3) inch snowfall interval.

They should receive a complete cleaning and sanding/salting at the end of each snowstorm if slippery conditions exist, regardless of depth. Contractor shall be required to mark all sidewalks and appurtenances before the start of the snow season. Contractor may conduct a site visit to verify access and condition of the sidewalks.

HEATING, VENTILATING, AND AIR CONDITIONING (HVAC) CLEARING

The ground based HVAC unit(s) shall be kept clear of snow and ice to provide access to control panels from all sides. This is to be accomplished by means other than plowing (i.e.: snow blowing or hand shoveling).

SAND and/or SALT

The use of sand, salt or a mixture of the two will be used in accordance with local regulations, local policy, or any other procedures applicable to the local area. It will be the contractor’s responsibility to ensure that any material used in compliance with local procedures and is acceptable to the GOVERNMENT REPRESENTATIVE. No change to the material shall be used without the GOVERNMENT REPRESENTATIVE’s authorization. Sand shall consist of clean inert, hard, durable grains of quartz or other hard durable rock, free from loam or clay surface coatings and deleterious materials. The allowable amount of material passing a No. 200 sieve as determined by AASHTO-T11 shall not exceed 10% by weight. The maximum particle size for sand borrow shall be M1.04.0 Type a, ¼ inch. At the end of the Snow Removal Season, the contractor shall remove all excess sand from sidewalks and entrance ways.

ON-CALL SANDING/SNOW REMOVAL/SALTING

All sanding/snow removal/salting of the sidewalks, ramps and stairs may be performed as an on- call requirement. The application shall be a complete coverage of the walking area, not a drive- by or drive-through application.

BIOBASED REQUIREMENTS

The Contractor must comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order (EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal Acquisition Regulation to provide biobased products.

The Contractor shall utilize products and material made from biobased materials 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 Representative (COR).

The following is an example list of products that may be used in this contract for grounds maintenance for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Fertilizers Dust suppressants 2-cycle engine oil Penetrating lubricants Hydraulic fluids Greases Concrete and asphalt release fluids Absorbents Wood and concrete sealers Diesel fuel additives

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov. The Contractor should provide data for their biobased products such as biobased content.

In addition to the biobased products designated by the U.S. Department of Agriculture in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products.

The Contractor shall submit with the initial proposal a complete list of biobased products, indicating the name of the manufacturer, cost of each material, and the intended use of each of the materials that are to be used in carrying out the requirements of the contract. Additionally, the winning Contractor on each anniversary date of the contract shall compile a complete list of biobased products, including the information above, purchased to carry out the contract requirements. The Contractor shall list volume to be used and total cost for each individual product. This information will be used for reporting purposes.

The Contractor shall comply with the provision at FAR 52.223-1, Biobased Product Certification.

The Contractor shall comply with the clause at FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

Within thirty (30) days of contract award, the Contractor shall submit a Grounds Maintenance Plan. This submittal shall be approved by the COR in writing. The Contractor shall not commence work until this submittal is approved by the COR in writing.

The Plan must be reviewed and updated annually, and as required by the COR. The Plan must contain and define the following elements:

The Contractor’s written policy stating its commitment to the use of biobased products, employee health and safety, and sound environmental management practices.

Detail on how the Contractor intends to keep abreast of the development and increasing availability of designated and non-designated biobased products and how any new or improved products will be incorporated on an ongoing basis into contract performance.

Proposed biobased grounds maintenance products which must be selected in accordance with the criteria included above. At a minimum, the Plan must identify products by brand name for each of the product types.

NOTE: A Contractor may propose more than one product within a product category and/or propose a product or products addressing more than one product category.

The product guides which define standard operating procedures for instructing staff in the proper use, storage, and disposal of biobased products; proper maintenance of equipment;

and other procedures/instructions to accomplish work under this contract.

The Contractor shall provide data on the quantity and dollar values of biobased products used in this contract. The data will be submitted to the COR quarterly.

A demonstration of proper use, an effective training program, and technical assistance are essential to the success of the purchase and use of some biobased products that may function differently than a conventional product. Therefore we will look for a Contractor who will 1) demonstrate products, and 2) when selected, offer any necessary training to all of the grounds maintenance staff and 3) be available with technical assistance to trouble shoot problems.

HOURS OF OPERATION

The Contractor shall automatically perform snow removal task if three or more inches of accumulation is on the ground after 5:00 AM (Daily except holidays and days the GOVERNEMENT REPRESENTATIVE provides notification that the building is closed). The Contractor shall arrive on site and begin performing the services ordered with sufficient time to be completed before commencement of the government employee work day (6:30 AM Monday

- Friday). At the conclusion of the work element the Contractor shall contact the GOVERNMENT REPRESENTATIVE by sending time stamped pictures of the completed work areas at which time the GOVERNMENT REPRESENTATIVE may inspect. The contractor is not to leave the site prior to contacting the GOVERNMENT REPRESENTATIVE

SNOW AND ICE REMOVAL HOURS (If Ordered, As-Needed) The Contractor shall begin snow removal/sanding/ salting/ice removal procedures once there has been an accumulation of at least three (3) inches during non-duty hours in sufficient time to have the clearing completed at 6:15 AM of the duty day. Parking Lot Ramps and steps, the three sets of stairs up to the first floor and two end sets of stairs down to the basement. It shall be cleared to the bare pavement with no trailing windblown snow left in the areas. The curbs of the parking lot ramp and stairs shall be visible and six (6) inches of turf exposed on either side. Likewise, the sidewalk parallel to the west end of the building rear and six (6) inches of turf on either side will be exposed. Should it be necessary to improve the clearing of the roadway running behind the building, a six foot wide path shall be cleared down to the pavement connecting the parking lot access to the building area. Additionally, a six foot wide path shall be cleared down to the cement from the roadway to the stairs and the elevator adjacent to the west and central stairways. A path shall be cleared connecting the elevator. The west end sidewalk shall connect to the cleared area leading to the west stairwell and elevator. All stairways providing access into the rear of the building are to be cleared from the ground level to the initial landing. The contractor will be required to take ‘before and after’ time-stamped pictures to be e-mailed to the GOVERNMENT REPRESENTATIVE, if the GOVERNMENT REPRESENTATIVE cannot be present to verify the work performed.

RECOGNIZED HOLIDAYS

New Year’s Day 1 January Martin Luther King Day 3rd Monday in January Presidents Day 3rd Monday in February Memorial Day Last Monday in May Juneteenth 19 June

Independence Day 4 July Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day 11 November Thanksgiving Day 4th Thursday in November Christmas Day 25 December

When one of the above recognized holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the proceeding Friday will be observed as a legal holiday. In the case of snowfall on the day of an observed holiday, all work to be performed shall be performed on the next business day, as required.

PLACE OF PERFORMANCE

The work to be performed under this contract will be performed at the USDA, AMS Cotton and Tobacco complex located at 3275 Appling Road, Memphis, Tennessee 37663.

TYPE OF CONTRACT & PERIOD OF PERFORMANCE

This is a five (5) year firm-fixed price, Indefinite-Delivery, indefinite-Quantity (IDIQ) contract consisting of five (5) one-year Ordering Periods for Standard Grounds Maintenance Services and Above Standard Services (Ordered As-Needed) for Snow and Ice Removal Services. It is anticipated that the 5-year IDIQ contract will contain the following Ordering Periods:

Ordering Period 1 - 06/01/2026 – 05/31/2027 Ordering Period 2 - 06/01/2027 – 05/31/2028 Ordering Period 3 - 06/01/2028 – 05/31/2029 Ordering Period 4 - 06/01/2029 – 05/31/2030 Ordering Period 5 - 06/01/2030 – 05/31/2031

QUALITY CONTROL

The contractor shall maintain effective quality control to ensure services are performed in accordance with this SOW. The contractor’s quality control is a means by which he assures himself that his work complies with the requirement of the contract.

PERSONNEL

The Contractor shall provide the Contracting Officer, and GOVERNMENT REPRESENTATIVE with a list of the names of employees or alternates to be employed in performance of the work within 15 calendar days of contract award. The contractor shall maintain a list of telephone numbers for the designed contractor representative which shall be available and provided to the Government to receive and adjust complaints and reports of deficiencies from the GOVERNMENT REPRESENTATIVE. The Contractor shall also notify the GOVERNMENT REPRESENTATIVE with any additions or deletions to the list of employees immediately.

PERFORMANCE OF PERSONNEL

Employees of the contractor assigned for performance of this contract shall be capable employees with sufficient experience and training to assure compliance with the contract requirements. The employees shall be required by the Contractor to maintain themselves and their clothing in a neat and clean manner. A fully qualified workforce shall be on board no later than the second week of the contract.

CONTRACTOR REPRESENTATIVE

The contractor shall provide an onsite contractor representative who shall be physically present during services to be performed to conduct overall management coordination and furnish liaison with the government. The contractor representative shall be the point of contact with the government and shall have authority to act or make decisions for the contractor on all matters pertaining to this contract. The representative for the contractor must have the ability to communicate with the Government verbally as well as in writing.

CONDUCT OF PERSONNEL

The Contracting Officer may require the contractor to remove from the job site any employee working under this contract for reasons of misconduct, security, or found to be or suspected to be under the influence of alcohol, drugs, or other incapacitating agent. Contractor employee shall be subject to dismissal from the premises upon determination by the contracting officer that such action is in the best interests of the government. The installation commander has the authority to bar individuals from the installation. Such removal from the job site or dismissal from the premises shall not relieve the contractor of the requirement to provide sufficient personnel to perform the services as required by this SOW.

IDENTIFICATION OF CONTRACTOR EMPLOYEES

All contract personnel working in situations where their contractor status is not obvious to third parties are required to identify themselves. This may be accomplished by wearing clothing bearing the name of the company or by wearing clearly written and visible nametags which contains the company name and employee name at all times, as such to avoid creating an impression in the minds of members of the public that they are Government officials.

ORGANIZATIONAL CONFLICT OF INTEREST

The contractor shall not employ any employee of the United States Department of Agriculture if such employment may create a current or subsequent Organizational Conflict of Interest (OCI) as defined in Federal Acquisition Regulation Subpart 9.5. The contractor shall notify the Contracting Officer immediately whenever it becomes aware that participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary.

SAFETY

The contractor shall maintain a safe working environment to prevent accidents and preserve the life and health of contractor personnel and Government personnel. The Contractor shall instruct employees in appropriate measures as specified by the applicable provisions of the Occupational Safety and Health Act, 1970, PL 91-596 (84 Stat 1590).

INTERFERENCE WITH GOVERNMENT BUSINESS

The Contractor shall schedule and arrange work so as to cause the least interference with the normal occurrence of Government business and a mission. In those cases where some interference may be essentially unavoidable, the Contractor shall be responsible to make every effort to minimize the impact of the interference and inconvenience of the customer.

PROTECTION OF GOVERNMENT PROPERTY

The Contractor shall assume full liability and responsibility for any loss or damage to Government property caused by his operations and shall assume full responsibility for any and all damages or claims for damage for injury to persons, property or equipment which might result from any service performed under this contract.

The Contractor shall at all times be responsible for safe, careful and efficient operations of his equipment. The Contractor shall provide an on-site qualified supervisor during all snow removal, sanding and ice removal operations.

The Contractor shall be responsible for the repair or replacement of all government property, including, but not limited to curbing, soil, lawns, shrubs, fences, gates and handrails damaged by his operations. This shall include but not be limited to any damage caused by salt or chemical ice melting operations or buildup of sand on any lawn or planting area. The Contractor should review the areas with the GOVERNMENT REPRESENTATIVE prior to starting work or the first storm to validate current conditions.

The Contractor shall be responsible for all damages to vehicles or property caused by his operations. If a vehicle is damaged, the Contractor shall report the incident immediately with all pertinent details to local/state police, the Contracting Officer and the

GOVERNMENT REPRESENTATIVE

Grounds Maintenance Services for USDA, AMS, Cotton & Tobacco Program in Memphis, TN

Contractor Responsibilities Contractor shall check in with the Contracting Officer’s Representative (COR) when arriving on-site to complete work. COR is Mr. Joseph Giaccio. If COR is not available, check-in with Mr. David Rowland.

The contractor shall rectify any unsatisfactory work within 24 hours of notification.

Notification will be provided via email or telephone by the COR or designee. The USDA, AMS, Cotton and Tobacco Program reserves the right for contract termination based upon non-compliance of the contractor to the contract specifications. Notification of termination shall be provided 15 days prior to termination.

Monthly invoices shall be presented for payment indicating the dates of services performed.

Any regular visit that does not occur as scheduled shall be rescheduled immediately with the

COR or designee within 24 hours of missed appointment. Failure to reschedule or ensure performance will be documented as non-compliance.

A supervisor shall make routine visits to the property (a minimum of two per quarter) to ensure customer satisfaction and inspect product on site.

Schedule of Items - See “Attachment 2 - Vendor Quotation Sheet Solicitation 12639526Q0122”.

Technical Data - Technical data and supporting documentation associated with this solicitation are available through the following sources:

1. Solicitation Attachments The following documents are included as attachments to this solicitation and can be accessed via the “Attachments/Links” section of the posting.

Attachment 1 - Solicitation Terms and Conditions Attachment 2 - Vendor Quotation Sheet Solicitation 12639526Q0122 Attachment 3 - Vendor Experience Sheet Solicitation 12639526Q0122 Exhibit 1 - Applicable Wage Determination US DOL WD 2015-4673 Rev. No. 30

Rev. Dec 3 2025 Shelby Co TN

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

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

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

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

2025) ☐ Alternate I (Nov 2025) of 52.212-4 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) 52.222-50 Combating Trafficking in Persons (Nov 2025)

☐ Alternate I (Nov 2025) of 52.222-50 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest After Award (Sep 2025) 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025) 52.240-91 Security Prohibitions and Exclusions (Nov 2025)

☐ Alternate I (Nov 2025) of 52.240-91 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)

The following clauses are applicable if checked:

☐ 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I (Nov 2021) of 52.203-6 ☐ 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) ☒ 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 ☒ 52.204-13 System for Award Management—Maintenance (Nov 2025) ☐ 52.204-91 Contractor identification (Nov 2025)

☒ 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) ☐ 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Sep 2025) ☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) ☐ 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov 2025) ☐ 52.219-6 Notice of Total Small Business Aside (Nov 2025)

☐ Alternate I (Mar 2020).

☐ 52.219-8 Utilization of Small Business Concerns (Nov 2025) ☐ 52.219-9 Small Business Subcontracting Plan (Nov 2025)

☐ Alternate III (Nov 2025) of 52.219-9.

☐ Alternate IV (Nov 2025) of 52.219-9

☐ 52.219-14 Limitations on Subcontracting (Nov 2025) ☐ 52.219-16 Liquidated Damages—Subcontracting Plan (Nov 2025) ☐ 52.219-33 Nonmanufacturer Rule (Nov 2025) ☒ 52.222-3 Convict Labor (June 2003) ☒ 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2025) ☒ 52.222-35 Equal Opportunity for Veterans (Nov 2025)

☐ Alternate I (Jul 2014) of 52.222-35 ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025)

☐ Alternate I (Jul 2014) of 52.222-36 ☒ 52.222-37 Employment Reports on Veterans (Nov 2025) ☐ 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010 ☒ 52.222-41 Service Contract Labor Standards (Aug 2018) ☒ 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits

Laborer, Grounds Maintenance $17.30/hr. -- $5.09/hr.

☒ 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ☐ 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) ☐ 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ☐ 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (Nov 2025)

☒ 52.222-54 Employment Eligibility Verification (Nov 2025) ☒ 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) ☒ 52.222-90 Addressing DEI Discrimination by Federal Contractors (Apr 2026) ☐ 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (Nov 2025) ☐ 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)

☐ Alternate I (May 2008) of 52.223-9 ☒ 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Nov 2025) ☐ 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Nov 2025) ☒ 52.223-23 Sustainable Products and Services (Nov 2025) ☐ 52.224-3 Privacy Training (Jan 2017)

☐ Alternate I (Jan 2017) of 52.224-3 ☐ 52.225-1 Buy American-Supplies (Nov 2025)

☐ Alternate I (Oct 2022) of 52.225-1 ☐ 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025)

☐ Alternate II (Nov 2025) of 52.225-3.

☐ Alternate III (Nov 2025) of 52.225-3.

☐ Alternate IV (Oct 2022) of 52.225-3

☐ 52.225-5 Trade Agreements (Nov 2023) ☐ 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States (May 2020) ☐ 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct 2016) ☐ 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ☐ 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025) ☐ 52.229-12 Tax on Certain Foreign Procurements ☐ 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ☐ 52.232-30 Installment Payments for Commercial Products and Commercial Services (Nov 2021) ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) ☐ 52.232-34 Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) ☐ 52.232-36 Payment by Third Party (Nov 2025) ☒ 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) ☐ 52.237-3 Continuity of Services (Jan 1991) ☐ 52.240-92 Security Requirements (Nov 2025) ☐ 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025) ☐ 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025)

☐ Alternate I (Apr 2023) of 52.247-64.

☐ Alternate II (Nov 2021) of 52.247-64

Other Applicable Clauses

52.216-18 Ordering (Aug 2020) 52.216-19 Delivery – Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Nov 2025) 52.217-8 Option to Extend Services (Nov 1999) 30 calendar days prior to contract expiration 52.245-1 Government Property (Sep 2021) 52.245-9 Use and Charges

AGAR Clauses

452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec 2025)

(a) By entering into this contract, the Contractor certifies that:

(1) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.

(2) Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution, and the Contractor and any subcontractor or teaming partner will not do so for the duration of the contract.

(b) If the Contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the Contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The Contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the Contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contract may subject the Contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) The Contractor must include the provisions of this clause in all subcontract solicitations.

(g) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.

(End of Clause)

452.203-72 Unenforceable Supplier Terms

(a) Definitions.

Supplier terms mean provisions customarily drafted by vendors of supplies or services and intended to create a binding legal obligation on the end user. The term applies:

(1) Regardless of the format or style of the document. For example, supplier terms may appear in standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order or otherwise become effective after the contract date.

(2) Regardless of the media or delivery mechanism used. For example, supplier terms may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) Applicability. When any supply or service acquired under this contract is subject to supplier terms, the supplier terms are deemed part of the contract only to the extent they are consistent with this clause. Supplier terms that conflict with any part of this clause, the contract, or Federal law are void and will not be considered incorporated into a contract, even if they are physically present in a contract documentation or systems. In the event of any inconsistency between supplier terms and this contract, this clause and the terms of the Government contract shall govern and supersede any supplier terms in all cases.

(c) Authorization Required. Notwithstanding any other provision, no supplier terms shall be binding on the Government unless the term is expressly authorized on the USDA Supplier Terms Authorization Form signed by the Contracting Officer, and the completed Authorization Form has been incorporated into the contract.

(d) Unenforceable Terms. Any supplier terms that impose obligations or restrictions inconsistent with applicable Federal law are unenforceable against the Government and deemed stricken from the agreement. This includes, but is not limited to, any clause that:

(1) Requires the Government to pay future fees, penalties, interest, legal costs, early-termination fees, cancellation fees, minimum purchase commitments, true-up payments, seat-count minimums, usage minimums, continued-use charges, or any other financial obligation not expressly authorized by the contract.

(2) Requires the Government to indemnify the contractor or any other entity.

(3) Restricts the Government’s ability to obtain similar supplies or services from another source.

(4) Imposes any penalty, financial or otherwise, based on the Government’s decision not to exercise an option.

(5) Subjects the United States Government to the laws of any U.S. state, territory, district, municipality, or foreign nation, except where Federal law expressly permits such application.

(6) Requires dispute resolution in a forum or venue other than one prescribed by applicable

Federal law.

(7) Establishes a period of limitations for bringing an action that differs from that provided by applicable Federal law.

(8) Grants the contractor rights to use, mine, access, aggregate, analyze, or otherwise exploit

Government data, usage data, or metadata.

(9) Deems the Government to have accepted initial or revised terms based on silence, continued performance, or failure to object.

(10) Grants the supplier the right to audit Government facilities, systems, records, or use of the product or service, except as expressly authorized by the contract and applicable Federal law.

(11) Requires the Government to accept supplier security requirements, network access requirements, monitoring, penetration testing, or other technical or security measures.

(12) Permits the supplier to suspend, degrade, or terminate access to products or services based on alleged non-payment, alleged breach, automated security triggers.

(13) Limits the Government’s right to use, install, access, test, evaluate, or transfer the licensed product or service in any manner consistent with the contract and Federal law.

(14) Requires the Government to store, process, maintain, or transmit data in a particular geographic location, or permits the supplier to transfer Government data outside the United States, except as expressly authorized by applicable Federal law.

(15) Authorizes the supplier to use the Government’s name, seal, trademark, logo, or any reference to the Government as an end user or customer for marketing, publicity, promotional activities, press releases, or similar purposes.

(16) Incorporates by reference, or requires the Government to accept, terms or conditions imposed by any third party, subcontractor, or upstream service provider, unless such terms are expressly incorporated into the contract by bilateral modification.

(17) Limits, conditions, or negates the contractor’s performance obligations, service levels, or remedies through a supplier‑provided service level agreement (SLA).

(18) Uses Government data, usage data, metadata, prompts, content, or interactions to train, fine‑tune, improve, or derive any artificial intelligence, machine learning, or automated decision‑making model.

(19) Subjects the Government to automated decision‑making, automated risk scoring, automated content moderation, or any algorithmic process that may affect access, performance, or rights under the contract.

(20) Utilizes artificial intelligence or algorithmic tools that produce decisions, recommendations, or outputs affecting contract performance without providing transparency, explainability, auditability, and bias‑mitigation consistent with applicable Federal law and policy.

(21) Profiles, tracks, or analyzes Government user behavior, preferences, communications, or interactions for personalization, marketing, or algorithmic optimization purposes.

(e) Non-binding Actions. Neither the Government nor any Government authorized end user is deemed to have consented to any term, condition, or clause by virtue of its inclusion in the supplier agreement or through the use of clickwrap, browsewrap, “I agree” mechanisms, or similar means.

Execution of such mechanisms does not bind the Government or its authorized end users to any unenforceable terms.

(f) End user. The supplier agreement shall bind the ordering activity as the end user to the extent it does not conflict with the terms of this clause, but it shall not bind or impose personal liability on any Government employee or any person acting on behalf of the Government in their personal capacity.

(g) Law and disputes. The supplier agreement is governed by Federal law.

(h) Statutory exception. This clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(i) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate, or suspend any rights granted to the Government except as allowed by the contract. If the supplier or licensor believes the ordering activity to be in breach of the supplier agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while proceeding diligently with performance, pending final resolution of any dispute in accordance with the Disputes Clause at FAR 52.212‑4(d) or FAR 52.233‑1, as applicable.

(j) Arbitration. Binding arbitration shall not be used unless specifically authorized by agency guidance.

(k) Equitable or injunctive relief. Equitable or injunctive relief, including the award of attorney fees, costs, or interest, may be awarded against the United States Government only when explicitly provided by statute (e.g., the Prompt Payment Act or the Equal Access to Justice Act).

(l) Revisions to supplier agreements. Any revisions to the supplier agreement must be incorporated into the contract using a bilateral modification. Unilateral revisions are not binding on the Government.

(m) No automatic renewals. If any license or service tied to periodic payment is provided under the supplier agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express written consent from an authorized Government representative.

(n) Indemnification. Any clause of the supplier agreement requiring the supplier or licensor to defend or indemnify the end user is amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(o) Taxes or surcharges. Any taxes or surcharges which the supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the associated Government contract or order and must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed otherwise.

(p) Non‑assignment. The supplier agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government’s prior approval, except as expressly permitted by FAR 52.212-4(b) or FAR 52.232-23, as applicable.

(q) Confidential information. If the supplier agreement includes a confidentiality clause, such clause is amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in the supplier agreement to the contrary, the Government may retain any confidential information as required by law, regulation, or its internal document retention procedures for legal, regulatory, or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of the supplier agreement.

(r) Conflict with Federal law. If any other language, provision, or clause of the supplier agreement conflicts or is inconsistent with Federal law or the terms and conditions of this contract, such language, provisions, or clauses will be considered null and void and will not be binding on the United States Government.

(End of Clause)

452.204–70 Modification for Contract Closeout (Apr 2026)

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) may issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but is not required to provide a signature. The Contracting Officer will immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) For commercial contracts not exceeding the simplified acquisition procedure threshold under FAR 12.001(c), if more than $1,000 in unliquidated funds remain at closeout, the Contracting Officer will issue a bilateral deobligation modification. Only the modification requires the contractor’s signature, though a Release of Claims may be requested. If the required documents are not returned within 60 days, the Contracting Officer will issue a unilateral modification and proceed with closeout once performance is complete, acceptance is confirmed, and final payment is made.

(c) For all other non-commercial or non–cost‑reimbursement contracts, if more than $1,000 in unliquidated funds remain at closeout, the Contracting Officer will issue a bilateral deobligation modification and a Release of Claims, both requiring contractor signature. If these documents are not returned within 120 days, the Contracting Officer will issue a unilateral modification u and proceed with closeout upon completion of performance, acceptance, and final payment.

(End of Clause)

452.204‑71 Personal Identity Verification and Workforce Integrity of Contractor Employees (Apr 2026)

(a) Compliance with PIV Requirements. The contractor must comply with the personal identity verification (PIV) policies and procedures established by the United States Department of Agriculture (USDA) Directives 4620‑002 series, Homeland Security Presidential Directive 12, and any implementing guidance issued by the Contracting Officer. The contractor must appoint a representative responsible for PIV compliance and must maintain a current list of employees eligible for a USDA LincPass or otherwise authorized to perform work under this contract.

(…