RFQ 12363N24Q4067.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

363N

WASHINGTON DC 20250-1138

MS-1138

1400 INDEPENDENCE AVE SW

USDA-FS STEWARDSHIP CONTRACTING BR

0283 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR363N

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

03/25/2024 1000 MT

03/15/2024

505-929-4283ALISON HOSTAD

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12363N24Q4067

5. SOLICITATION NUMBER

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

1119630OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

COEUR DALENE ID 83814

2502 E SHERMAN AVENUE

FERNAN OFFICE

COEUR DALENE RIVER RANGER DISTRICT

15. DELIVER TO

WASHINGTON DC 20250-1138

MS-1138

1400 INDEPENDENCE AVE SW

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$11.5

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 STEWARDSHIP CONTRACTING BR

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.

**MUST HAVE ALL INFO BELOW**

Company Name:___________________________________

Vendor Rep:_____________________________________

Phone:__________________________________________

Email:__________________________________________

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

CHAD A.T. BULLOCK

. 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

12363N24Q4067 Page 1 of 43

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.

Mailing

Address:_____________________________________

UEI SAM #_________________________

Delivery: 05/20/2024

Period of Performance: 04/08/2024 to 05/20/2024

Snowplowing on forest roads for access for spring tree planting.

Mobilization Cost: $____________________________

Cost per Mile: $________________________________

Estimated 41 Miles of Forest Service Roads

Product/Service Code: 3825

Product/Service Description: ROAD CLEARING, CLEANING, AND MARKING EQUIPMENT

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing

Platform (IPP), https://www.ipp.gov. If the contractor lacks an IPP account, USDA will automatically initiate the enrollment process with

Treasury using the contractor's SAM.gov

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of 12363N24Q4067 Page 2 of 43

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)

12363N24Q4067

Accounts Receivable POC as the IPP account holder. Once the enrollment process is complete, the IPP account holder will receive notification and can being invoicing. More information about IPP can be found at: https://www.ipp.gov

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

Sponsored by GSA

FAR (48 CFR) 53.110

12363N24Q4067 Page 3 of 43

SECTION B – CONTINUATION OF SF-1449

SNOW PLOWING TIMBER PLANTING ACCESS

RFQ No.: 12363N24Q4067 Idaho Panhandle National Forest

Coeur d’Alene River Ranger District Shoshone Counties, Idaho

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition Regulation, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested and a written solicitation will not be issued.

2. This solicitation is issued as a Request for Quotation (RFQ)

3. The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 2024-03.

Vendor Name: __________________________________Vendor UEI:___________________ Set-Aside: Small Business X Unrestricted Confirm appropriate business size by NAICS code 115130: Yes No Initial:______

SCHEDULE OF ITEMS.

ITEM 1: SNOW PLOWING PLANTING ACCESS

Sub-Item No. Description Pay

Unit* Est.

QTY. Cost/Mile Total Price

1.1 - Mobilization & Moves LS 1 $ $

1.2

Snow Plowing Road 3100/C/D/3102 (Beaver Creek/Pony Gulch) Begin Rd 3100 to End Units (Est 9.5 miles)

Per Mile 9.5 $ $

1.3

Snow Plowing Road 605/6541/6541B (Beaver Creek/ King’s Pass) Begin Rd 605 Snow to End (Est. 5 miles)

Per Mile 5 $ $

1.4

Snow Plowing Road 958/958C (Beaver Creek/ King’s Pass)

- ***Type II, Equipment Rental (Dozer) Begin Rd 958 to End Units (Est. 5 miles)

Per Mile 5 $ $

12363N24Q4067 Page 4 of 43

ITEM 1: SNOW PLOWING PLANTING ACCESS

Sub-Item

No. Description Pay Unit*

Est.

QTY. Cost/Mile Total

Price

1.5

Snow Plowing Road 1505/1505E (Beaver Creek/Potosi Gulch)

- ***Type II, Equipment Rental (Dozer) Begin Rd 1505 to End Units (Est. 5.5 miles)

Per Mile 5.5 $ $

1.6

Snow Plowing Road 978 (Prichard Creek/ Eagle)

- ***Type II, Equipment Rental (Dozer) Begin Rd 978 to End Units (Est. 6 miles)

Per Mile 6 $ $

1.7

Snow Plowing Road 933/2361 (Beaver Creek/ White Creek Saddle)

- ***Type II, Equipment Rental (Dozer) Begin Rd 933 to End Units (Est. 10 miles)

Per Mile 10 $ $

TOTAL PRICE = $

*Pay Unit: LS = Lump Sum

The effective period of this contract is from Notice to Proceed is issued through May 20, 2024.

Estimated start date is Monday, April 8, 2024.

Incidental Payment Items. - The intent of this contract is to provide for the complete services of the project described in this contact. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, mobilization cost, supplies, and perform all work required to complete the project in accordance with the drawings, specifications, and provisions of the contract.

Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for the items shown. Estimated Quantities are for the purpose of evaluation of prices.

Basis of Award. The Government may award one contract from result of this solicitation.

Government will award to the quoter providing the best value to the Government. Best value is based on price and capable to meet delivery of service.

Intent of Contract.

The intent of this contract is to provide the Government with the service of owner-operated equipment, 12363N24Q4067 Page 5 of 43 as specified in the Schedule of Items, to gain access to for tree planting work by removing the snow, earthen barriers, debris (rock/dirt slides), and fallen trees on the Coeur d’Alene River R.D. of the Idaho Panhandle National Forest. The opening of the designated forest roads is for to access and related work in compliance with its terms, specifications and provisions of this solicitation. Quantities ordered will be paid, FIRM FIXED-PRICE, for at the rate specified in the Schedule.

Location Refer to project maps, separate attachments.

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Award of this solicitation requires the furnishing of equipment on a fully operated basis with NO MINIMUM OR MAXIMUM GUARANTEE for use on approximately 41 miles of roads on the Idaho Panhandle National Forest; see Project Maps/Locations for additional information. This work requires removal of snow from roads and related work in compliance with its terms, specifications and provisions. This includes, but may not be limited to: furnishing labor, equipment, supervision, transportation, operating supplies and incidentals, snow plowing, earthen barrier removal, brush and debris removal, fallen tree removal from driving surfaces of roads, and minor road maintenance. Equipment use and operation tasks shall be given by the Contracting Officer’s Representative (COR) through the contractor or designated representative. Dead fall trees visible along the plowing routes will be cut and left in place by Government. The contractor will be required to push any dead fall trees off the traveled way. Any trees not visible (buried under snow) will be pushed off the traveled way.

All equipment shall be in good mechanical and operating condition and shall be operated by skilled operators experienced in the type of work for which the equipment is being ordered.

Pre-Award Site Visit. The Government is not hosting pre-award site visit(s) for the purposes of this anticipated contract; all quoter(s) are responsible for satisfying any questions they may have regarding site/ground/road conditions, distance(s) and any other related information that may affect their pricing, prior to submission of quote, and prior to award of contract.

• Technical Contact: John Wright Work: (208) 769-3074 or Cell: (208) 699-6096.

Suggested Route to Project Locations The project roads are located on the Coeur d’Alene River Ranger District IPNF. The following locations are estimated, and some may or may not need to be plowed due to the variable conditions due to weather.

The following description is the route to the primary area intended for snow plowing:

Road 3100/C/D/3102 Planting Access (Beaver Creek/ Pony Gulch) – Pony Gulch is accessed from the Beaver Creek Road connecting Prichard, ID and Wallace ID, approximately 7 miles south of Prichard, ID

Road 605/6451/B Planting Access (Beaver Creek/ King’s Pass) – King’s Pass is 3 miles up Trail Creek near the town of Delta on the Beaver Creek Road connecting Prichard, ID and Wallace ID, approximately 3 miles south of Prichard, ID

12363N24Q4067 Page 6 of 43

Road 958/ C Planting Access (Beaver Creek/ King’s Pass) – King’s Pass is 3 miles up Trail Creek near the town of Delta on the Beaver Creek Road connecting Prichard, ID and Wallace ID, approximately 3 miles south of Prichard, ID

Road 1505/1505E Planting Access (Beaver Creek/Potosi Gulch) – Potosi Gulch is accessed ½ mile up Trail Creek near the town of Delta on the Beaver Creek Road connecting Prichard, ID and Wallace ID, approximately 3 miles south of Prichard, ID

Road 978 Planting Access (Prichard Creek/ Eagle) – Rd 978 is accessed at the town of Eagle, 2.5 miles east of Prichard, ID on the Coeur d’Alene River Road connecting Prichard and Thompson Pass.

Road 933/ 2361 Planting Access (Beaver Creek/White Creek Saddle) –Accessed from the bridge at Missouri Gulch on the Beaver Creek Road connecting Prichard, ID and Wallace ID, approximately 2 miles south of Prichard, ID

See Project Maps for additional location details.

Plowing Priority IPNF- Plowing Miles (estimated)

1) Road 3100/C/D/3102 Planting Acres 9.5

2) Road 605/6451/B Planting Access 5

3) Road 958/C/Spurs Planting Access 5

4) Road 1505/E Planting Access 5.5

5) Road 978 Planting Access 6

6) Road 933/ 2361 Planting Access 10

Total Estimated Miles = 41 *The COR may change the plowing priority prior to the start of work.

NOTE: There will be NO tracked travel on the pavement without protection of the surface such as tires or plywood.

Permitting for Hauling over Bridges on NFS roads: Successful bidder will submit gross weight of haul vehicle plus dozer, as well as trainer configuration/number of axles for bridge permitting.

Bridge overload permits are required for any vehicle which exceeds the maximum allowable gross vehicle weight of 80,000 pounds; if axle weight limitations dictated by the Bridge Formula result in a lower gross vehicle weight; if single axle loads exceed 20,000 pounds or tandem axle loads exceed 34,000 pounds; if the vehicle exceeds the posted load limits for the bridge. The Bridge Formula can be found in Forest Service Handbook 7709.56b – TRANSPORTATION STURCTURES HANDBOOK, CHAPTER 90 – ROAD BRIDGE OPERATION.92 – BRIDGE MANAGEMENT.

Technical Specifications As stated above, the intent of this project is to gain access to for tree planting work by removing the snow, earthen barriers, debris (rock/dirt slides), and fallen trees on the Coeur d’Alene River R.D. of the

12363N24Q4067 Page 7 of 43

Idaho Panhandle National Forest. The opening of the designated forest roads is for to access and related work in compliance with its terms, specifications and provisions of this solicitation.

The use of a road grader is standard industry practice for Type I equipment (asphalt/paved road surfaces).

The use of a crawler tractor with dozer is standard industry practice for Type II equipment (gravel or native surface roads). The use of a crawler tractor, D-5XL/D-6 Cat, JD 850 or International TD 15, is standard industry practice. Also, a rubber-tired blade is preferred for plowing on asphalt. Equipment furnished must be fully equipped to include all operating supplies and must be provided with a skilled operator. Generally, the equipment should meet the following specifications:

• 140-160 flywheel horsepower minimum

• Rollover protection (ROPS)

• Backup warning device

• Hydraulic angle blade, 10’ minimum length

• Ice grousers, 1.25”-2” length

Snow removal shall be done in a manner to preserve and protect the roads to ensure safe and efficient transportation and to prevent unacceptable erosion damage to roads, streams, and adjacent lands.

Snow and earthen barrier removal guidance:

• At intervals of approximately 500 ft. the contractor will push holes on the downhill side, extending beyond the road edge, to allow for water melt off to escape the road surface.

• Plow a single vehicle path as outlined on each of the two (3) provided maps. Where opportunities for turn outs and turn around areas present themselves, they are to be plowed out.

• Remove snow from earthen barriers prior re-establishing road surface.

• Removal of snow slides, earth slides, fallen timber, and boulders that obstruct normal road surface width.

• There may be closed gates along the plowing route. These gates will be marked and unlocked by the Government official. The contractor will expose and open the gates along the plow routes and continue to the end of plowing as indicated on the provided maps.

• Provide areas for vehicles to pass and or park/turn around will be cleared for traffic.

Performance: All items of snow removal shall be done currently as necessary to insure safe, efficient transportation. Work shall be done in accordance with the following minimum standards of performance.

• Removal of material. All debris, except snow and ice, which is removed from the road surface and ditches, shall be deposited away from stream channels at agreed locations.

• During snow removal operations, banks shall not be undercut nor shall gravel, or other selected surfacing material be bladed off the roadway surface.

• Ditches and culverts shall be kept functional during and following roadway use.

12363N24Q4067 Page 8 of 43

• Snow berms shall not be left on the road surface. Berms left on the shoulder of the road shall be removed and/or drainage holes shall be opened and maintained.

• Snow must not be removed to the road surface. A minimum 4-inch depth must be left to protect the roadway.

• Dozers/front end loaders shall not be used to plow snow on forest roads without written approval of the Forest Service. If approved, dozers and skidders must be equipped with shoes or runners to keep the plow blade minimum of two inches above the road surface. Damage to roads, drainage structures or signs from, or as a result of PERMITTEE's snow removal operations, shall be restored or replaced in a timely manner. Any damage shall be reported immediately to the COR.

Large Crawler Tractor with Dozer

• The engine shall be rated from 150-260 horsepower ISO 9249/SAE J1349 Net Power (Rated)

• Operating weight of 36,000-60,000 lbs.

• Rollover protection (ROPS)

• Back up warning device

• Hydraulic 6 way angle blade, 10’ minimum width

• Ice cleats/grousers available

• 2005 model or newer (preferred)

*Or similar type of equipment as approved by the Contracting Officer Representative

Road Grader

• The engine shall be rated at least 100 horsepower.

• Blade assembly dimensions shall be at least 12 feet by 24 inches by 0.75 inch.

• The grader shall also have:

• Operating weight of at least 20,000 pounds

• A tandem drive.

• AWD preferred

• Tire chains available

*Or similar type of equipment as approved by the Contracting Officer Representative

PAYMENT

One invoice shall be submitted through the Invoice Processing Platform System (IPP) upon completion of the agreed upon terms. The invoice shall be itemized to align with the schedule of items and shall include the dates of each plow. Failure to provide complete information on each invoice will result in delaying the acceptance of work and the processing of payment. If a road does not need to be plowed, or plowed in entirety, the vendor will not be paid for those miles. The vendor will only be paid for miles plowed. The COR must have a daily diary of miles plowed.

Method of Measurement is Cost Per Mile.

Record of Work The government will maintain a daily dairy for mileage completed to the nearest 1/10th of a mile. The daily diary for each piece of equipment showing:

1. Contract number and work item number applicable to the route plowed.

12363N24Q4067 Page 9 of 43

2. Name of contractor.

3. Miles plowed to the nearest 1/10th of a mile.

Pollution and Erosion Control. During all operations under this contract, the Contractor shall exercise reasonable measures to direct surface runoff water to stabilized waterways and to keep the drainage systems functioning effectively to prevent or minimize soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored and collected in a sanitary manner and disposed of in a State-approved sanitary landfill.

Noxious Weed Control. Prior to moving of the equipment to the worksite, the Contractor shall be required to clean all equipment prior to entry on to the project area. The equipment shall be washed thoroughly to remove all organic and mineral debris, including excess grease, from the machine. The Contractor shall request inspection of the equipment by the Contracting Officer Representatives and shall obtain the written approval of the COR prior to moving the equipment to the jobsite. The COR shall be given a minimum 48 hours’ notice prior. If the equipment is removed from the jobsite, the equipment shall be re-washed and re-inspected. Replacement equipment shall also be washed and inspected prior to moving to the worksite. This is considered incidental and no separate payment will be made. Failure to provide clean equipment may result in the rejection of equipment.

Moving of Equipment. The moving of equipment to the point of hire and moves between job sites shall be the contractor's responsibility and documented on the pay invoice.

Mobilization. Mobilization is defined, for the purposes of this contract, as moving equipment Type I and Type II, accessories, support equipment, and personnel to the point of hire and return to the point of origin at the conclusion of the project. Mobilization includes any moving of equipment on or between sites.

Replacement of Equipment. Contractor shall provide quality equipment capable of safely performing the work under the terms of the contract. If equipment is rejected because it does not meet minimum requirements, including but not limited to safety and operability, or if it becomes inoperative, the Contractor shall correct the deficiencies or furnish replacement equipment meeting contract requirements within 2 days. All repairs are the total responsibility of the Contractor.

Maintenance of Traffic and Use of Warning Devices. The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices, and shall take all necessary precautions for the protection of the work and safety of the public. Project roads closed to traffic shall be protected by effective barricades, and obstructions shall be illuminated during the hours of darkness. Suitable warning signs shall be provided to properly control and direct traffic. All signs and devices remain the property and responsibility of the Contractor. Work shall not be started until all the required signs are in place.

The Contractor shall erect warning signs to any place on the project where operations may interfere with the use of the road or trail by traffic and at all intermediate points where the new work crosses or coincides with an existing road or trail. All road barricades, warning signs, lights, temporary signals, 12363N24Q4067 Page 10 of 43 flagmen and pilot car operators and equipment, and other protective devices, except for special devices, shall conform to the most recent edition of the Manual of Uniform Traffic Control Devices (MUTCD).

Immediately replace any device that is lost, stolen, destroyed, or inoperative. Remove all temporary traffic control devices upon contract completion or when approved.

Devices

• Required signs can be mounted on portable or temporary mountings.

• Traffic approaching the work area from either direction or side approaches shall be warned by signing.

Equipment

• Vehicles and machinery not directly used in the maintenance operation shall be parked off the traveled way to minimize interference with the normal use of the road.

SAFETY. Contractors shall comply with OSHA regulations and provide employees a work environment that is sanitary and not hazardous, which includes providing personal protective equipment. Contractors must maintain a health and safety plan and an accident prevention program, which includes frequent and regular inspections of the project site, materials and equipment. Contractors are responsible for risk management regarding contractor/employee and public safety, which include experience of operator to handle road and terrain conditions, getting to the worksite, traffic control and coordination with other users.

12363N24Q4067 Page 11 of 43

SECTION C - CONTRACT CLAUSES

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 (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) FAR and AGAR Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

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 (FEB 2024)

(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) 52.203-19, 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) 52.204-23, 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) 52.204-25, 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31

U.S.C.3903 and 10 U.S.C. 3801)

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and

108-78 (19 U.S.C. 3805note)).

(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:

☐ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I

(Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

12363N24Q4067 Page 12 of 43 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations

☒ (3) 52.203-15, 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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (Whistleblower Guidance to Contractor Employees)

☐ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

☐ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-328).

☐ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders – Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts (Dec 2023) (Pub. L. 115-390) ☐ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders – Prohibition. (Dec 2023)

(Pub. L. 115-390, title II) ☐ (ii) Alternate I (Dec 2023) of 52.204-30.

☐ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☐ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (14) [Reserved].

☐ (15) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15

U.S.C.657a).

☐ (16) (i) 52.219-4, 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] ☒ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

☐ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☐ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

☐ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Sep 2023) of 52.219-9.

☐ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☐ (ii) Alternate I (MAR 2020) of 52.219-13

☐ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

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☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Feb 2024)

(15 U.S.C. 657f).

☒ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C.

632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (27) 52.219-29, 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) 52.219-30, 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) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

☐ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024) (E.O.13126).

☒ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☐ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

☒ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

☐ (ii) Alternate I (Jul 2014) of 52.222-36.

☐ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

☒ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (40) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (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 22.1803.)

☐ (41) (i) 52.223-9, 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 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

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☐ (44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

☒ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☐ (52)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

☐(ii) Alternate I (Oct 2022) of 52.225-1 ☐ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (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 (Dec 2022) of 52.225-3.

☐(iv) Alternate III (Nov 2023) of 52.225-3 (DEVIATION JAN 2024).

☐(v) Alternate IV (Oct 2022) of 52.225-3.

☐ (54) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (55) 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).

☐ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. Subtitle A, Part V, Subpart G Note).

☐ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

☐ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

☐ (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.3805).

☐ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov

2021) (41 U.S.C.4505, 10 U.S.C.3805).

☒ (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

(31 U.S.C. 3332).

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☐ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

☐ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☐ (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46

U.S.C. 55305 and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Nov 2021) of 52.247-64.

(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:

☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

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

23440 – Heavy Equipment Operator $24.55

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792).

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(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 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, 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 4.7, 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) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712)

(iii) 52.203-19, 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) 52.204-23, 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).

(iv) 52.204-25, 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) 52.204-27, 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) (Pub. L. 115-390, title II)

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

(viii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C.637(d)(2) 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 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).

12363N24Q4067 Page 17 of 43

(xiv) 52.222-40, 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 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and

E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan

2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xxii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801)

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(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.

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

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 Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to

FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the

12363N24Q4067 Page 18 of 43 https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

452.211-75 Effective Period of Contract (FEB 1988)

The effective period of this contract is from Notice to Proceed is issued through May 20, 2024.

Estimated start date is Monday, April 8 2024.

452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at: TBD.

452.236-73 Archaeological or Historic Sites (FEB 1988)

If a previously unidentified archaeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Project Manager

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

12363N24Q4067 Page 19 of 43

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced.