B08_-_140FS125Q0110.pdf

United States Department of the Interior

FISH AND WILDLIFE SERVICE

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.

The United States Fish and Wildlife Service (Service) requests contract support for Provide seedlings of Fusarium resistant koa from Koʻolau mountain seed sources on Oʻahu for the Oʻahu Forest National Wildlife Refuge (OFNWR). The anticipated Period of Performance is 1 base year and 3 option years. Addition details can be found in the Statement of Work.

This Request for Quotation (RFQ) is a TOTAL SMALL BUSINESS SET ASIDE and is conducted under the procedures of FAR Parts 12 and 13, incorporating provisions and clauses in effect through Federal Acquisition Circular 2025-03. The NAICS code is 111421 and the small business size standard is $3.25M, and a PSC of 8730.

Instructions

All responsible small business sources may submit a quote, which shall be considered by the agency. Award will be made as a firm-fixed-price contract. The basis of award is Price Alone; the lowest-priced quote meeting the requirement in accordance with the Statement of Work will be awarded. Award will be made to a responsible source pursuant to FAR subpart 9.1. Options will be evaluated in accordance with FAR provision 52.217-5 – Evaluation of Options

Please submit your quotation (showing unit and total price) on company letterhead or the enclosed SF-1449 form with SAM.gov UEI code. and point of contact phone number and e-mail address. Refer to FAR provision 52.212-1 Instructions to Offerors – Commercial Items for additional submission guidance and include a copy of FAR provision 52.212-3 Offeror Representations and Certifications -- Commercial Items with applicable sections completed.

NOTICE TO PROSPECTIVE CONTRACTORS: If Sub-contractors will perform on this project, the Prime contractor must provide subcontractor information, i.e., company name, supervisor name and contact information and valid email address and telephone number. Failure to do so could result in quote being considered non-responsive and ineligible for award.

Quotes Due: 17:00 Eastern Time on 08/22/2025 E-Mail Quote Submission: Tanner_Frank@fws.gov

In order to have a quote considered for award, respondent must be registered at the System for Award Management (SAM) website (https://www.sam.gov)

This solicitation package consists of this coversheet, SF 1449, the Statement of Work, and the Provisions & Clauses attachment.

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

0011279400 CODE 16. ADMINISTERED BYCODE

X

X

111421

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORFS1

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

08/22/2025 1700 ED

08/14/2025

0000000000Tanner Frank (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140FS125Q0110

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 3 0044021515OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

KAHUKU HI 96731

56-795 KAMEHAMEHA HIGHWAY

FWS OAHU NWR COMPLX

15. DELIVER TO

Falls Church VA 22041 5275 Leesburg Pike FWS, SAT Team 1

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$3.25

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

FWS SAT 1

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

HAWAII AGRICULTURE RESEARCH CENTER - Native Tree Growing Contract Tech POC Randy Agustin (808) 478-5306 Alt POC Bret Wolfe 808-763-9641 Contracting POC: Tanner Frank tanner_frank@fws.gov Period of Performance: 10/01/2025 to 09/30/2026

00010 Base Year: : 6,000 koa seedlings total, picked up in monthly increments Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 09/30/2026

00020 Option Year 1: 6,000 koa seedlings, 600 ¿¿hi¿a, 600 ¿iliahi totaling 7,200 seedlings picked up in monthly increments

(Option Line Item)

Anticipated Exercise Date 07/01/2026

Delivery: 01/30/2029

Period of Performance: 10/01/2026 to 09/30/2027

00030 Option Year 2: 6,000 koa seedlings, 600 ¿¿hi¿a, 600 ¿iliahi totaling 7,200 seedlings picked up in monthly increments

(Option Line Item)

Anticipated Exercise Date 07/01/2027

Delivery: 01/30/2029

Period of Performance: 10/01/2027 to 09/30/2028

00040 Option Year 3: 4,000 koa seedlings, 400 ¿¿hi¿a seedlings, 400 ¿iliahi seedlings picked up in

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140FS125Q0110

monthly increments

(Option Line Item)

Anticipated Exercise Date 07/01/2028

Delivery: 01/30/2029

Period of Performance: 10/01/2028 to 01/01/2029

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

Sponsored by GSA

FAR (48 CFR) 53.110

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Statement of Work (SoW)

Burned Area Rehabilitation with Native Hawaiian Trees at Oʻahu Forest National Wildlife Refuge

Background. The Mililani Mauka Fire that affected the Oʻahu Forest National Wildlife Refuge (OFNWR) burned over 1,600 acres in a sensitive upland area in the Koʻolau Mountain range and watershed, an important ecological resource for water supply, soil retention, and native ecosystems. Fire creates an unparalleled opportunity for non-native grass species to establish and dominate in OFNWR. Many early colonizing weedy species are fire-adapted, which further increases the probability of fire spread and diminishes the likelihood of native species recovery, thereby creating a novel and deleterious fire-invasive plant cycle. Planting native trees is necessary to establishing a canopy to shade out invasive grasses and reduce a continuous expanse of grasses along ridgelines within

OFNWR.

Acacia koa (koa), an ecologically important tree species was dominant in the burned area of OFNWR. In addition to loss from fire, koa has a high susceptibility to koa wilt disease, caused by the Fusarium oxysporum pathogen.

The Refuge will prioritize koa seed inventories with naturally occurring genetic resistance to the Fusarium pathogen for reforestation efforts. Metrosideros polymorhpa (ʻōhia) and Santalum freycinetianum (ʻiliahi) are ecologically important native trees that suffered loss from the fire. Both species are slow growing and will need to be grown in a nursery and out planted in the field.

Objectives.

• Provide seedlings of Fusarium resistant koa from Koʻolau mountain seed sources on Oʻahu

• Provide seedlings of ʻōhia (Metrosideros polymorhpa) from Koʻolau mountain seed sources on Oʻahu

• Provide seedlings of ʻiliahi (Santalum freycinetianum) from Koʻolau mountain seed sources on Oʻahu

• Deliver healthy seedlings ready for out planting at increments each year October-April.

• Project Period: October 2025-January 31st, 2029.

• Advise Oahu Forest NWR staff on best management practices for planting and caring for seedlings.

1. Scope.

The U.S. Fish and Wildlife Service is seeking a Vendor to provide approximately 22,000 Fusarium resistant koa seedlings, 1,600 ʻōhiʻa, and 1,600 ʻiliahi to OFNWR at regular intervals from October 1, 2025 through January 1, 2029. The Vendor shall obtain seeds from Koʻolau mountain sources found in similar habitats and will grow these seedlings at their facility and ensure that they are healthy and suitable for planting.

2. Period of Performance.

Base contract Year: October 1, 2025 through September 30, 2026

Option Year 1: October 1, 2026 through September 30, 2027 Option Year 2: October 1, 2027 through September 30, 2028 Option Year 3: October 1, 2028 through January 1, 2029

Preliminary Pick up Schedule

- October 2025-April 2026: 6,000 seedlings total, picked up in monthly increments

- October 2026-April 2027: 6,000 koa seedlings, 600 ʻōhiʻa, 600 ʻiliahi totaling 7,200 seedlings picked up in monthly increments

- October 2027-April 2028: 6,000 koa seedlings, 600 ʻōhiʻa, 600 ʻiliahi totaling 7,200 seedlings picked up in monthly increments

- October 2028-January 1st 2029: 4,000 koa seedlings, 400 ʻōhiʻa seedlings, 400 ʻiliahi seedlings picked up in monthly increments

3. Place of Performance/Hours of Operation.

The contract will be performed at the vendorʻs facility and Refuge staff will pick-up plants during regular scheduling.

4. Contract Type. Firm Fixed Price. All costs must be included in the pricing proposal such that final invoicing will be limited to the award amount.

5. Points of Contact.

Wildlife Refuge Specialist

Keely Hassett P.O. Box 429 Kahuku, HI, 96731 808-852-2840 keely_hassett@fws.gov

6. Procedures for Payment.

The Contractor shall submit all invoice via Internet Payment Platform (IPP.gov). Invoices will be submitted after each scheduled pick up is completed. All Invoices MUST be submitted by 1 Jan 2029 due to expiration of funds.

mailto:keely_hassett@fws.gov

Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

---Addendum to 52.212-4---

1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011) (IBR)

1452.237-70 INFORMATION COLLECTION - DEPARTMENT OF THE INTERIOR (JUL 1996)

DIAR 1452.237-70 INFORMATION COLLECTION - DEPARTMENT OF THE INTERIOR (JUL

1996)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation:

Department of the Interior Acquisition Regulation:

(End of clause)

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE

PROCESSING PLATFORM (IPP) (FEB 2021)

DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DEC

2015)

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE

PROCESSING PLATFORM (IPP) (FEB 2021)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

'Payment request' means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

PDF Vendor-created invoice

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St.

Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DEC

2015)

FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web- based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at

Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at

Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

All information provided should be reviewed for accuracy prior to submission.

If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

The following guidelines apply concerning your use of the past performance evaluation:

Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) (IBR)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023) (Full Text)

52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021) (IBR)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022) (Full Text)

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

(DEVIATION FEB 2025)

52.217-5 EVALUATION OF OPTIONS (JUL 1990) (IBR)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (Full Text)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days before the contract expires.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years and 3 months.

52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (MAY 2024) (DEVIATION FEB 2025)

52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024) (DEVIATION FEB 2025)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-28 Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023)

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures (Dec 2023)

52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS (AUG 2018)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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

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

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

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

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

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

(5) , Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( and ).

(6) , Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) , Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108- 78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) , Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and ).

__ (2) , Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

__ (3) , Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) , Contractor Employee Whistleblower Rights (Nov 2023) ( ); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR (a).

_X_ (5) , Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( ).

__ (6) [Reserved].

__ (7) , Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) , Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) , Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

_X_ (10) , Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( , title II).

_X_ (11) (i) , Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( , title II).

_X_ (ii) Alternate I (Dec 2023) of .

_X_ (12) , Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( ).

__ (13) , Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( ).

__ (14) [Reserved].

__ (15) , Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( ).

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

__ (17) [Reserved]

_X_ (18) (i) , Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of .

__ (19)

(i) , Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of .

__ (20) , Utilization of Small Business Concerns (Jan 2025)( (d)(2) and (3)).

__ (21) (i) , Small Business Subcontracting Plan (Jan 2025) ( (d)(4)).

__ (ii) Alternate I (Nov 2016) of .

__ (iii) Alternate II (Nov 2016) of .

__ (iv) Alternate III (Jun 2020) of .

__ (v) Alternate IV (Jan 2025) of .

_X_ (22) (i) , Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of .

_X_ (23) , Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (24) , Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

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

_X_ (26) (i) , Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of .

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

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

__ (29) , Orders Issued Directly Under Small Business Reserves (Mar 2020) ( (r)).

_X_ (30) , Nonmanufacturer Rule (Sep 2021) ( (a)(17)).

_X_ (31) , Convict Labor (Jun 2003) (E.O.11755).

_X_ (32) , Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( ).

__ (ii) Alternate I (Jul 2014) of .

_X_ (36) (i) , Equal Opportunity for Workers with Disabilities (Jun 2020) ( ).

__ (ii) Alternate I (Jul 2014) of .

__ (38) , Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (39) (i) , Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of (22 U.S.C. chapter 78 and E.O. 13627).

__ (40) , Employment Eligibility Verification (Jan 2025) ( ). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR .)

__ (41) (i) , Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_X_ (46) , Sustainable Products and Services (May 2024) (DEVIATION FEB 2025) ( , , , and ).

__ (ii) Alternate I (Jan 2017) of .

__ (ii) Alternate I (Oct 2022) of .

__ (49) (i) , Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( , , , , (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Jan 2025) of .

__ (iv) Alternate III (Feb 2024) of .

__ (v) Alternate IV (Oct 2022) of .

__ (50) , Trade Agreements (NOV 2023) ( , et seq., note).

_X_ (51) , Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (53) , Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) , Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_X_ (55) , Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( ).

__ (56) , Tax on Certain Foreign Procurements (Feb 2021).

_X_ (57) , Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, ).

__ (58) , Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, ).

_X_ (59) , Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( ).

__ (60) , Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) , Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (63) , Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, note prec.).

__ (64) , Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (ii) Alternate I (Apr 2003) of .

__ (iii) Alternate II (Nov 2021) of .

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

_X_ (2) , Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (7) , Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

_X_ (8) , Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (10) , Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( ).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR , on the date of award of this contract, and does not contain the clause at , Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart , Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) , Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) , Contractor Employee Whistleblower Rights (Nov 2023) ( ).

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

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

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

(vi) , Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( , title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) , Utilization of Small Business Concerns (Jan 2025) ( and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR (a) on the date of subcontract award, the subcontractor must include in lower tier subcontracts that offer subcontracting opportunities.

(xii) , Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(xiv) , Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause .

(xvi) (A) , Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of (22 U.S.C. chapter 78 and E.O. 13627).

(xix) , Employment Eligibility Verification (Jan 2025) ( ).

(xx) , Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) , Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(B) Alternate I (Jan 2017) of .

(xxv) , Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( and ). Flow down required in accordance with paragraph (c) of .

(xxvi) , Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, note prec.).

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.223-2, Reporting of Biobased Products Under Service and Construction Contracts (MAY

2024) (DEVIATION FEB 2025)

(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 4270.2).

USDA-designated product category means a generic grouping of products that are or can be made with biobased materials—

(1) That are listed by USDA in a procurement guideline available at https://www.biopreferred.gov/resources/categories.html; and

(2) For which USDA has provided purchasing recommendations (available at https://www.biopreferred.gov ) or 7 CFR part 4270.

(b) The Contractor shall report to https://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any biobased products in USDA-designated product categories purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(c) Submit this report no later than—

(1) October 31 of each year during contract performance; and

(2) At the end of contract performance.

(End of clause)

(a) Definitions. As used in this clause-

Recycling means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion.

Waste prevention means any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials.

Waste reduction means preventing or decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products.

(b) The Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The Contractor’s programs shall comply with applicable Federal, State, and local requirements, specifically including Section 6002 of the Resource Conservation and Recovery Act ( , etseq.)

and implementing regulations (40 CFR Part 247).

52.223-23, Sustainable Products and Services (MAY 2024) (DEVIATION FEB 2025)

(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 CFR part 4270.2).

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. ( ).

Sustainable products and services means:

(1) Products containing recovered material designated by the U.S. Environmental Protection Agency (EPA) under the Comprehensive Procurement Guidelines ( ) ( ) ( ).

(2) Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products ( ) ( ) ( and ).

(3) Biobased products meeting the content requirement of the USDA under the BioPreferred® program ( ) ( ) ( ).

(4) 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 ( )

(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.

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

End of clause