C04_CSS_CERD Portables_1240BD26Q0063..pdf

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

40BD

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

USDA-FS CSA NORTHWEST 2

05J8 CODE 16. ADMINISTERED BYCODE

X

X

X

562991

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR40BD

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

06/09/2026

503-668-1601MINDY HICKMAN

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

06/18/2026 1100 PD

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240BD26Q0063

5. SOLICITATION NUMBER

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

1 311164098OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

CLE ELUM WA 98922

803 WEST 2ND

CLE ELUM RANGER STATION

USDA FOREST SERVICE

15. DELIVER TO

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$9

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)

USDA-FS CSA NORTHWEST 2

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.

Cle Elum Ranger District Portable Toilet Services

Period of Performance: 06/18/2026 to 04/30/2027

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

MINDY N. HICKMAN

. 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

Invoice Processing Platform www.ipp.gov

Solicitation Number: 1240BD26Q0063 CERD Portable Toilet Services

Statement of Requirement

The U.S. Forest Service, Okanogan-Wenatchee National Forest, Cle Elum Ranger District, requires a commercial contract for the rental, delivery, placement, regular servicing, and ultimate removal of approximately (26) standard and (4) ADA portable toilet units. These units will be distributed across (14) designated recreation campgrounds to maintain public health and safety during the peak summer recreation seasons.

The Contractor shall provide all portable toilets, labor, equipment, materials, transportation, and tools necessary to perform core tasks as outlined in the Performance Work Statement (PWS). Scope of work involves:

• Equipment Supply: Furnish up to (30), portable toilet units. Units must be structurally sound, clean, free of graffiti, and equipped with functional hand sanitizer dispensers and toilet paper rollers.

• Delivery & Anchor: Deliver and securely anchor (to prevent tip-overs or blow-overs) the specified number of units to the locations provided for each campground by the designated seasonal start date listed in the (PWS)

• Weekly Maintenance: Perform comprehensive sanitation servicing at least one (1) time and a max of (2) times per week for each unit. Weekly servicing must include a full pump-out of waste, interior scrubbing and disinfecting, replenishing of blue chemical deodorizer, and restocking of toilet paper and hand sanitizer.

• Removal: Promptly remove all units from Forest Service land at the conclusion of each annual service season.

Schedule of Items - See Attachment 1

List of Attachments: The following attachments are made part of this solicitation and any resultant contract.

Description Pages Schedule of Items 5 Performance Work Statement 4 Map of Locations 1 Wage Determination 2015-5543 Rev. 28 5/13/2026 9

Evaluation criteria, instructions to offerors and submission information located on pages 9-11

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) 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) 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) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)

The following clauses are applicable if checked:

☒ 52.204-13 System for Award Management—Maintenance (Nov 2025) ☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) ☒ 52.219-6 Notice of Total Small Business Aside (Nov 2025) ☒ 52.222-3 Convict Labor (June 2003) ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025) ☒ 52.222-41 Service Contract Labor Standards (Aug 2018) ☒ 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) ☒ 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) ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) ☒ 52.222-41 Service Contract Labor Standards (Aug 2018) ☒ 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

Solicitation Number: 1240BD26Q0063 CERD Portable Toilet Services https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits WG Grade 3, Step 2 (Non-Supervisory) $25.39 WG Grade 6, Step 3 (Supervisory) $32.24

Other Applicable Clauses

52.217-8 Option to Extend Services (Nov 1999) 30 calendar days prior to contract expiration

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) 30 Calendar days prior to contract expiration and 60 days

(c) five years.

AGAR Clauses

452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (May 2026)

(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)

AGAR 452.203-72 Unenforceable Supplier Terms (MAY 2026)

(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 must govern and supersede any supplier terms in all cases.

(c) Authorization Required. Notwithstanding any other provision, no supplier terms must 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 must bind the ordering activity as the end user to the extent it does not conflict with the terms of this clause, but it must 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 must 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 must 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 must 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 must 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, must 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)

Award Type

It is anticipated that a firm-fixed-price commercial service contract will be awarded as a result of this solicitation consisting of one (1) base period and four (4) one-year option periods. If FAR 52.217-8 is exercised, the total duration may extend up to 5.5 years.

Option years are not guaranteed, determination to exercise option periods will be based on the contractor’s performance the prior year. If awarded, the contractor is required to perform services at rates provided in your quote.

Evaluation and Basis for Award

The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 12.203 based on the criteria listed below.

Evaluation Criteria

Factor 1 Technical Capability (Equipment and Logistics):

The Government will comparatively evaluate each offeror’s capability to provide equipment and meet mobilization schedules.

• Confirm immediate access to approximately (26) or more standard portable sanitation units and (4) or more ADA units.

• Confirm ability to meet anticipated placement dates and requirements.

• Confirm availability of a functional pumping truck capable of servicing remote forest locations.

Note: If utilizing a local subcontractor, you must provide their business name and physical address with your quote.

Factor 2 Past Performance:

The Government will comparatively evaluate the relevance, recency (within the last 3 years), and quality of the offeror's performance on similar services. The Government will utilize references provided in the quote, past federal contracts, or CPARS data. Offerors without a record of relevant past performance will receive a neutral rating.

Factor 3 Price:

The offeror’s total price (Base Year plus all Option Years) will be evaluated to determine if it is fair and reasonable. Unbalanced option pricing may result in a quote being rejected.

Evaluation Method:

All quotations will be evaluated to identify the offeror presenting the most advantageous solution based on a comparative evaluation of offers received. Award will be made to the offeror whose quote is determined to be the most advantageous to the government.

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract

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):

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Nov 2025)

FAR 52.212-1 is amended as follows:

Offerors must combine all requested items into one (1) unified PDF file and the include the attached excel document schedule of items. To be considered for award, quote packages must be complete and include the following.

The submission must contain:

1. Completed SF1449: Complete Block 17a (include Business Name, Address, Phone number, and SAM.gov UEI) and Blocks 30a–30c.

Note: Omitting the UEI from the SF-1449 will prevent the contracting officer (CO) from verifying that your company has an active SAM account.

2. Completed Schedule of Items: Offerors must submit their pricing by fully completing the Excel Schedule of Items spreadsheet attached to this solicitation.

• Unit Pricing must be filled out for all CLINS on the Base Period and all four (4) Option periods.

• Quantities Notice: Offerors are explicitly instructed that quantities are estimates. Unit rates proposed by the Offeror shall remain firm-fixed regardless of any downward adjustments to final awarded quantities made by the Contracting Officer due to budgetary or operational constraints.

3. Past Performance Sheet (Maximum 2 pages total):

o A brief list of up to three (3) similar projects performed in the last 3 years with contact info for references. Projects should be similar in scope, and complexity to this requirement.

o Offerors without a record of relevant past performance will receive a "Neutral" rating for this factor.

4. Technical Capability

• A brief statement confirming your fleet size, truck capability.

• Equipment Inventory: Verification that the Offeror possesses or has guaranteed lease access to a sufficient inventory of standard and ADA-compliant units to meet the maximum estimated quantities on day one of contract performance.

• If your company is not performing the work yourself and plans to use a local subcontractor, the name and address of the local contractor must be provided.

Solicitation Number: 1240BD26Q0063 CERD Portable Toilet Services

Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before June 18, 2026 no later than 11:00 AM PDT. The date/time is also specified on the System for Award Management’s (SAM) “Contract Opportunities” website. The closing date/time will be provided on the SF-1449. Submit your quote to mindy.hickman@usda.gov only.

Applicable Provisions & SCLS

• Period for Acceptance: The Offeror agrees to hold prices firm for 60 calendar days from the closing date.

• Service Contract Labor Standards (SCLS): This requirement is subject to SCLS. The applicable Wage

Determination is attached.

52.203-18Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)

52.209-2Prohibition on Contracting with Inverted Domestic Corporations - Representation (Sep 2025)

52.209-11Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Sep 2025)

52.240-90Security Prohibitions and Exclusions Representations and Certifications (Nov 2025)

The following provisions are applicable if checked:

☒ 52.204-7 System for Award Management—Registration (Nov 2025)

Other Applicable FAR Provisions

52.217-5 Evaluation of Options (Nov 2025) 52.237-1 Site Visits (Apr 1984)

AGAR Provisions

452.203-70 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Certification (Dec 2025)

(a) By submission of its offer, the offeror certifies that:

1. It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the

U.S. Constitution.

Neither it nor any proposed 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.

(b) If the offeror 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, by submission of its offer, the offeror certifies that it is 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 offeror 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 offeror will not be eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

Solicitation Number: 1240BD26Q0063 CERD Portable Toilet Services mailto:mindy.hickman@usda.gov

(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 offeror’s compliance with the above requirements and/or eligibility for the contract may subject the offeror 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) Failure on the part of the offeror or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate the contract for default.

(End of Provision)

NOTICE FOR FILING AGENCY PROTESTS

United States Department of Agriculture (USDA) Protest Procedures

The United States Department of Agriculture (USDA) is committed to fair, transparent, and efficient acquisitions.

Interested parties with concerns about this solicitation are encouraged to seek resolution through the following USDA procedures.

Tier 1: Contracting Officer Concern Resolution Submission: Interested parties with concerns about either the solicitation or subsequent award should first submit their concern directly to the Contracting Officer, providing sufficient detail to allow the Contracting Officer to understand and assess the issue.

Process: The Contracting Officer will review the concern, seek clarification as needed, and engage with the interested party to attempt prompt resolution.

Review Timeline: The Contracting Officer will make every effort to provide a response or resolution within 10 business days of receiving the concern.

Effect on Award or Performance: Tier 1 engagement is not considered an official notification of filing an agency protest and does not pause solicitation deadlines, delay award decisions, or suspend contract performance.

Next Steps: If the matter cannot be resolved at Tier 1, the interested party may file a written agency protest under Tier 2.

USDA encourages all parties to seek resolution with the Contracting Officer before filing an agency protest.

Tier 2: Agency Protest If concerns cannot be resolved at Tier 1, an interested party may file a written agency protest with either the Contracting Officer or the USDA Independent Review Authority. The decision by the USDA Independent Review Authority is an alternative to a decision by the Contracting Officer. The USDA Independent Review Authority will not consider an appeal of the Contracting Officer’s decision on an agency protest.

The protest must state whether the protester elects review by the Contracting Officer, by the UDSA Independent Review Authority. If no election is stated, the Contracting Officer will decide the protest.

Required Information: Protests shall include the information set forth in FAR 33.104-4 (a)(3). Failure to submit the required information may result in a delay or dismissal of the protest.

Submission: Agency protests should be submitted electronically to SPE.inquiry@usda.gov and the Contracting Officer.

Timeliness: Protests must be filed within the timeframes specified in FAR 33.104.

Effect on Award or Performance: Contract awards or performance will be suspended during the protest period unless justified in writing for urgent and compelling reasons or determined to be in the best interest of the Government.

Review Timeline: USDA strives to resolve agency-level protests within 35 business days of receipt.

Solicitation Number: 1240BD26Q0063 CERD Portable Toilet Services mailto:SPE.inquiry@usda.gov

Election of Forum: By filing a protest with USDA, the protesters agree not to file a protest on the same matter with the Government Accountability Office (GAO) or any other external forum while the agency protest is pending. If such a protest is filed externally, the USDA agency protest will be dismissed.

Questions: Questions regarding this notice or protest procedures should be directed to the Contracting Officer identified in this solicitation.

Performance Work Statement PWS Cle Elum Ranger District Portable Toilet Services

1.0 Project

Cle Elum RD Recreation Portable Toilet Services

1.1 General Information

Standard Portable Toilet rental and services are required for up to approximately (26) standard and (4) ADA portable toilets at (14) recreation sites on the Cle Elum Ranger District (CERD) Okanogan-Wenatchee National Forest, within Kittitas County to provide for the health and safety of visitors to our campgrounds. These units will require 1-2 services per week approximately May through September each year.

1.2 Background

Multiple fee campgrounds on the CERD do not contain permanent restroom facilities. Portable sanitation units are a required amenity to maintain public health, safety, and compliance with recreation fee authorities during peak recreation seasons. Historically, portable toilets have been placed successfully at these sites to fulfill this requirement.

1.3 Government Furnished

N/A

1.4 Government regular working hours

The Government's regular working hours are from 0700 to 1700, five days per week, Monday through Friday, except observed Federal holidays.

1.5 Scheduling Work

Servicing Schedule. The servicing schedule shall be coordinated with the COR. All units shall be delivered according to the contract schedule of items. Delivery and performance dates are estimates and may vary slightly by location due to weather, snow levels or other conditions affecting the site. The quantity listed in this contract is based on historical data.

1.6 Inclement Weather Schedule

The Contractor shall perform all services during periods of inclement weather. In cases of severe weather, the COR may authorize exceptions. When exceptions are granted, the Contractor shall make up all missed collections within 24 hours after the severe weather has terminated, unless the COR authorizes additional time.

1.7 Federal observed holidays

The government observes the following holidays:

New Year’s Day Martin Luther King Jr.’s Birthday President’s Day

Memorial Day Juneteenth Independence Day Labor Day

Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

1.8 Period of performance

The contract period of performance shall be for 1 Base Period and 4 Option Periods each 12 months in length.

Period POP Start Date POP End Date Base Period 22 June 2026 30 April 2027 Option Period 1 01 May 2027 30 April 2028 Option Period 2 01 May 2028 30 April 2029 Option Period 3 01 May 2029 30 April 2030 Option Period 4 01 May 2030 30 April 2031

The Anticipated Rental and Service dates within each year are as follows:

Period POP Start Date POP End Date Base Period 22 June 2026 11 September 2026 Option Period 1 28 May 2027 10 September 2027 Option Period 2 26 May 2028 09 September 2028 Option Period 3 25 May 2029 08 September 2029 Option Period 4 24 May 2030 07 September 2030

1.9 Contracting Officer’s Representative (COR)

A COR will be assigned to this contract to monitor all technical aspects and assist in contract administration.

The COR may be authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance;

maintain written and oral communication with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements (without increasing or decreasing contract scope), including Government drawings, designs, and specifications; monitor Contractor's performance and notify both the CO and Contractor of deficiencies; and provide site entry of Contractor personnel. The COR is not authorized to change any of the terms and conditions of the contract or any task order.

2.0 Contractor Requirements

2.1 Technical Requirements / Tasks

Delivery and installation of portable toilets at designated locations/campgrounds. Portable toilets will need to be placed on the start date of the anticipated service period for the given base or option year and removed promptly at the end of the specified service period.

Each unit will be serviced once weekly by the vendor after placement with the option of services up to 2x weekly for select sites. Servicing must include:

• Toilet Pumping: Complete removal of human waste from the reservoir.

All toilets shall be emptied completely of all liquid and solid sewage. All debris and spillage shall be removed and cleaned up by the Contractor. Spillage shall be considered hazardous waste as prescribed by law and cleanup shall be in accordance with applicable federal, state and local laws. When concluded with pumping, the area shall be left in its previous state of condition. The Contractor shall be held responsible for any change in site conditions that occurred during the contracted process. All pumped sewage and debris shall be removed from the premises and shall be disposed of in accordance with applicable laws and regulations.

• Thorough scrubbing, washing, and sanitizing of all surfaces.

The unit shall be cleaned inside and out to include the removal of all dirt, cobwebs, and other debris.

The unit’s interior surfaces shall be cleaned with a mild detergent and disinfectant.

The Contractor shall be responsible for all repairs to the units as needed.

• Refilling of the blue chemical/deodorizer charge.

The unit shall have sufficient deodorizing chemicals placed into the unit’s storage compartment to assist eliminating odors.

• Restocking of toilet paper: (minimum 2 rolls per service), hand sanitizer, and deodorizer.

The Contractor shall be responsible for supplying and filling the toilet paper dispensers. Any emptied rolls shall be changed out for a new roll.

2.2 Site Location and Distances from CERD Ranger Station

The sites are located at various locations on the (CERD). A map of the locations is attached. The Government will identify where they want the units placed, with orange and yellow/black striped colored flagging at each site prior to delivery.

Cle Elum Valley - Approximately18 miles, including 1 mile of gravel road

• French Cabin, Roads 4308, 4308111 and 4309

• Morgan Creek, Road 4300118

• Dry Creek Road, 4300120

• Cooper Bridge, (Cle Elum River Crossing), Road 4600

• Owhi Boat Launch Road, 4616113

Teanaway - Approximately 30 miles, including 10 miles of gravel road

• North Fork Teanaway, 9737

• Stafford Creek, 9703

Box Canyon - Approximately 25 miles, includes 5 miles of gravel road

• Box Canyon Roads, 4930 and 4930118

Kachess – Approximately 16 miles including 1 mile of gravel

• Kachess Dam Road, 4818

Lost Lake – Approximately 25 miles, including 8 miles of gravel

• Lost Lake Road, 5480

There is a potential for the toilets to be moved by the public. It is recommended the contractor lock toilets together when feasible. Placement and quantity may vary based on the recreational public’s interest and needs.

Snow melt may delay estimated deliveries.

2.3 Portable Toilet Specifications

Toilets requested may be either serviceable for handicap accessible (ADA) or non-handicap (standard). ADA units shall meet the requirements of the Americans with Disabilities Act.

2.4 Bio-based ProductsAll supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of bio-based products. The Contractor shall utilize the greatest number of bio-based products available that meet applicable health and environment specifications. All cleaning supplies shall be approved by the COR.

2.5 Toilet Pumping

All toilets shall be emptied completely of all liquid and solid sewage. All debris and spillage shall be removed and cleaned up by the Contractor. Spillage shall be considered hazardous waste as prescribed by law and cleanup shall be in accordance with applicable federal, state and local laws. When concluded with pumping, the area shall be left in its previous state of condition. The Contractor shall be held responsible for any change in site conditions that occurred during the contracted process. All pumped sewage and debris shall be removed from the premises and shall be disposed of in accordance with applicable laws and regulations.

2.6 Toilet Cleaning

The unit shall be cleaned inside and out to include the removal of all dirt, cobwebs, and other debris. The unit’s interior surfaces shall be cleaned with a mild detergent and disinfectant. The Contractor shall be responsible for supplying and filling the toilet paper dispensers. Any emptied rolls shall be changed out for a new roll. The unit shall have sufficient deodorizing chemicals placed into the unit’s storage compartment to assist eliminating odors. The Contractor shall be responsible for all repairs to the units as needed.

2.7 Cleaning Schedule

The cleaning schedule shall be posted outside of toilet and initialed and dated after each service.

2.8 Service Interruptions

If any services must be interrupted (even temporarily) due to maintenance of contract work, the Contractor shall notify the CO and COR as far in advance as possible. If the service interruption is due to an emergency breakdown, the Contractor shall notify the CO and COR as soon as practicable.

2.9 Quality Assurance

The contractor shall comply with the quality assurance program as defined in the Quality Assurance Surveillance Plan. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality level(s) (AQL). Government surveillance of contractor performance is not limited to the Performance Objectives as outlined in this PWS. The Government reserves the right to conduct compliance surveillance of any contractual requirement of this acquisition.

2.10 Deliverables / Schedule

Site Name: No.

of

Units

Season of Use: Frequency of Services:

Services Included:

Box Canyon, Lost Lake, East Kachess Boat Launch

9 Base Year: June - September All option periods: May - September

1 x weekly, 2 if option item exercised

Clean unit, restock supplies, pump out waste

Teanaway Valley

Base Year: June - September All option periods: May - September

1 x weekly, 2 if option item exercised

Clean unit, restock supplies, pump out waste

French Cabin Creek, Morgan Creek, Dry Creek

Base Year: June - September All option periods: May - September

1 x weekly, 2 if option item exercised

Clean unit, restock supplies, pump out waste

Cooper Day Use, Alevin, Big Firs, Thalwig, River Bend, Little Salmon, Owhi Boat Launch

Base Year: June - September All option periods: May - September

1 x weekly, 2 if option item exercised

Clean unit, restock supplies, pump out waste

2.11 Travel

The government will not be responsible for travel to or form the site locations. The Contractor shall be responsible for all travel to and from the work site locations. Delivery and installation will be required for each portable toilet to its assigned location.

2.12 Contractor’s Key Personnel

Driver of delivery truck and pumping truck.

2.13 TASK 1 – Unit Servicing Tasks:

The Contractor shall perform scheduled servicing one (1) time per week per unit. If the Government exercises the optional second weekly service for a specific location, servicing shall occur two (2) times per week on a schedule approved by the COR.

• a. Clean and Disinfect: Thoroughly scrub, clean, and disinfect all interior and exterior surfaces upon each service visit to a 100% sanitary standard.

• b. Maintenance & Graffiti: Ensure all units are free of graffiti, structural defects, leaks, and malfunctioning doors/latches. All units must be maintained in clean, safe, and good working order.

• c. Pump-Out Services: Completely pump out waste reservoirs to remove all liquid and solid sewage during each scheduled service interval.

• d. Consumables Restocking: Replenish hand sanitizer units to full capacity on each visit. Fully restock toilet paper dispensers with a minimum of two (2) full rolls per service to prevent outages between service intervals.

2.14 TASK 2 – Rental Unit Placement and Mobilization

Units shall be placed in accordance with the quantities, and locations specified in the PWS.

a. Delivery and Setup: Deliver, assemble, and place operational units at each designated location on the Schedule of Items by the specified start dates;

b. Units shall be staked, or otherwise secured, to prevent tip-over/blow-over immediately upon delivery.

c. Relocation of Portable Toilet(s): Should the Forest Service determine a operational or environmental need to relocate any unit(s) within the district during the period of performance, the Contractor shall relocate and re-anchor the designated unit(s) within forty-eight (48) hours of written notification from the COR.

2.15 Performance Requirement Measures

The COR will conduct random, unannounced periodic surveillance inspections. If a unit is found un-serviced, completely depleted of consumables, skipped, or structurally unsafe, the COR will immediately notify the contractor.

Performance Objective

PWS

Paragraph

Performance Standard Method of Surveillance

Incentive/Disincentive

TASK 1 -

Service Units

2.13 Units cleaned and disinfected up

to 95% of standard.

Units pumped out as needed to be in good working order during scheduled service window.

Periodic Surveillance by COR and/or Substantiated public compliant.

Rework within 24 hours of notification. Full payment of invoice upon acceptance of remedial actions acceptance of remedial actions.

TASK 2 -

Rental Units

2.14 Units delivered, anchored, and

removed within specified timeframe

COR acceptance Delivery or change placement within 72 hours.

Full payment of invoice upon acceptance of remedial actions.

3.0 Security & Access

3.1 Identification: Contractor personnel shall wear…