B08_Attachment_6_Provisions_and_Clauses.pdf

Clauses 08/25/2026

FAR 52.212-4 Terms and Conditions—Commercial Products and Commercial Services (RFO DEVIATION MAR 2026).

FAR 52.204-19 Incorporation by Reference of Representations and Certifications (December 2014).

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023).

FAR 52.233-3 Protest after Award (Aug 1996).

FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004).

---Addendum to 52.212-4---

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:

https://www.ipp.gov.

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

[Contracting Officer to edit and include the documentation required under this contract]:SEE BOX BELOW

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 IPPCustomerSupport@fiscal.treasury.gov 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)

DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of Clause)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (RFO DEVIATION MAR 2026).

52.242-15 STOP-WORK ORDER (AUG 1989).

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: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020).

(a) 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.

(b) 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.

(End of clause)

--- End of Addendum to 52.212-4---

FAR 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023).

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (RFO DEVIATION MAR 2026) (Pub. L.

109-282) (31 U.S.C. 6101 note).

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (RFO DEVIATION MAY 2026).

FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (RFO DEVIATION MAY 2026).

FAR 52.219-6 Notice of Total Small Business Set-Aside (RFO DEVIATION JAN 2026)(15 U.S.C. 644).

FAR 52.219-28 Post Award Small Business Program Representation (RFO DEVIATION JAN 2026) (15 U.S.C. 632(a)(2)).

FAR 52.222-3 Convict Labor (RFO DEVIATION MAY 2026).

FAR 52.222-35, Equal Opportunity for Veterans (RFO DEVIATION MAY 2026)(38 U.S.C. 4212).

FAR 52.222-36, Equal Opportunity for Workers with Disabilities (RFO DEVIATION MAY 2026) (29 U.S.C. 793).

FAR 52.222-37, Employment Reports on Veterans (RFO DEVIATION MAY 2026) (38 U.S.C. 4212).

FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act ((RFO DEVIATION MAY 2026) (E.O. 13496).

FAR 52.222-41, Service Contract Labor Standards (RFO DEVIATION MAY 2026) (41 U.S.C. Chapter 67).

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( 29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

Forestry Equipment Operator 22.82

(End of clause)

FAR 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (RFO DEVIATION MAY 2026) (29U.S.C.206 and 41 U.S.C. Chapter 67).

FAR 52.222-50 Combating Trafficking in Persons (RFO DEVIATION MAY 2026) (22 U.S.C. chapter 78 and E.O. 13627)

FAR 52.222-54, Employment Eligibility Verification (RFO DEVIATION MAY 2026).

FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (RFO DEVIATION MAY 2026).

FAR 52.222-90, Addressing DEI Discrimination by Federal Contractors (RFO DEVIATION MAY 2026).

FAR 52.223-23 Sustainable Products (RFO DEVIATION MAY 2026)

(a) Definitions. As used in this clause—

Sustainable product means—

(1) A product that contains recovered material designated by the EPA under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/eere/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).

(3) A biobased product that meets the content requirements of the USDA under the BioPreferred® program (7 U.S.C.

8102) (7 CFR Part 4270) (https://www.biopreferred.gov/).

(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).

(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract. The Contractor shall ensure that it provides sustainable products as required by this contract, when the products are—

(1) Delivered to the Government;

(2) Furnished for use by the Government;

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

(c) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract.

(End of clause)

FAR 52.225-13 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).

FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAR 2026) (E.O. 13513).

FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

FAR 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (RFO DEVIATION MAR 2026).

FAR 52.240-91 Security Prohibitions and Exclusions (RFO DEVIATION MAR 2026).

FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services (RFO DEVIATION MAY 2026).

Contract Documents, Exhibits, or Attachments

Provisions

FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (RFO DEVIATION MAR 2026).

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024).

FAR 52.204-90 Offeror Identification (RFO DEVIATION MAR 2026).

FAR 52.219-1 Small Business Program Representations (RFO DEVIATION MAY 2026).

---Addendum to 52.212-1---

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (RFO DEVIATION MAR 2026).

DIAR 1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION -- DEPARTMENT OF THE INTERIOR

(APR 1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:

(1) "Trade Secret" means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) "Confidential commercial or financial information" means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers "commercial and financial information obtained from a person and privileged or confidential," and exemption (9), which covers "geological and geophysical information, including maps, concerning wells."

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend: "The information specifically identified on pages of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract."

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

"This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal."

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

(End of provision)

52.252-1, SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

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

---End of Addendum to 52.212-1---

FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (RFO DEVIATION MAR 2026).

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror (Quoter) whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

Basis for Award (Comparative Evaluation)

1. General:

The Government will award a purchase order resulting from this solicitation to the responsible quoter whose quote is most advantageous to the Government, price and evaluation factors identified below. This acquisition is being conducted under the Acquisition of Commercial Products and Commercial Services of FAR Part 12.

2. Evaluation Process:

In accordance with FAR 12.203(c)(2) (FAR Overhaul - Part 12 | Acquisition.GOV) the Government will perform a comparative evaluation of quotes. A comparative evaluation is defined as the act of comparing one quote to another in a side-by-side fashion.

No Formal Scoring: The Government is not required to use formal evaluation plans, precise weighting, or adjectival scoring (e.g., "Excellent" or "Blue").

Direct Comparison: IAW FAR 12.203(b), Quotes will be compared against one another to determine which provides the best value. The Government will use their professional business judgment to determine if a quote’s technical superiority or more favorable terms (e.g., faster delivery, longer warranty) justifies a higher price.

Price Consideration: The Government may make an award to other than the lowest priced quote if it is determined to provide the best value. Award is not automatically made to the quoter submitting the lowest price. The Contracting Officer reserves the right to make no award at all. The Government may conduct a price analysis at any point during the evaluation to assist in determining a best value at a fair and reasonable price.

Quote Evaluation Approach: IAW FAR 12.203(c) and (c)(1) Quotations evaluated in an efficient and minimally burdensome fashion. Government will consider all quotations or offers that are received timely.

3. Evaluation Factors:

The following factors will be used to evaluate quotes and quotes must first meet the minimum technical requirements to be considered for award:

Technical Capability: Ability to meet the specifications in the Statement of Work. (narrative response of no longer than 10 pages).

(A) Technical approach narrative must demonstrate the offeror’s understanding of the project requirements, the scope of work, and the contract documents. Identify and address the specific needs and unique requirements for the scope, location, and schedule of this project.

(B) Demonstrate necessary expertise, licensing, certification, or other documentation and rationale to complete the contract requirements.

(C) Demonstrate understanding of how to organize, staff, and manage the contract, as well as the means and methods that will be used to accomplish the contract requirements.

(D) Demonstrate an understanding of project requirements for safety, sustainability, energy efficiency and risk management.

(E) Provide a schedule to show how work described in the SOW will be completed within the Period of Performance.

Relevant Experience: Provide a list of at least five (5) jobs completed or ongoing, in the past five (5) years in which you acted as a Prime Contractor or Sub-Contractor responsible for providing similar/services. Each job description must contain the following information:

•The name of job •The job start and end dates •A brief description of services provided and the location/size of the job •The owner of job •The owner’s Contact information •The total dollar value of the job

Past Performance: Past performance will be evaluated to assess the level of confidence the Government has that the offeror will be successful in performing the tasks outlined for this effort in the SOW based on the extent to which an offeror has successfully performed and managed contracts, similar in nature to this acquisition. The recency and relevance of past performance, source of information, context of the data, and general trends in performance will be considered. The Government will consider performance quality of the offeror’s past performance by determining how well the contractor performed to establish a qualitative overall risk assessment rating for the past performance factor. Other Sources of Information. In evaluating past performance, the Government may consider data provided by the quoter, as well as, past performance data on other projects obtained from other available sources, such as the Contractor Performance Assessment Reporting System (CPARS), the System for Award Management (SAM) or other Government databases; interviews with COs, Contracting Officer’s Representatives (CORs), and/or Project Inspectors with specific knowledge of the quoter’s performance to conclude general trends in the quality of work in the quoter’s performance record. While the Government may consider all available information and sources, the burden to provide complete, recent, and relevant past performance information rests with the quoter. If a performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned, a neutral confidence rating will be assessed.

Provide past performance references can include the following information:

1. Name of Project

2. Location of Project

3. Contract Number

4. Period of Performance

5. Total cost for Project

6. Name of Agency/Entity

7. Point of Contact for Agency/Entity (including Phone & Fax Numbers)

8. Complete and thorough description of services performed Description should include specifics about the scope of projects completed.

Price: Total evaluated price.

---End of Addendum to 52.212-2---