Sol_140FS126Q0070.pdf

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ADDENDA

ADDENDA

140FS126Q0070

See Schedule See Schedule

FWS SAT 1

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

04/09/2026 1700 ED

0044026707

Kathryn Coltran 0000000000

FS1

FS1

Chelsea Devivo

712120

$13

03/30/2026

0011282075

ADMINISTERED BY:

FWS SAT 1

FWS, SAT Team 1

5275 Leesburg Pike

Falls Church VA 22041 US

DELIVER TO:

Continued...

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COMPLETE PARTIAL FINAL

ACCEPTED,

FWS/Cultural Resources

20555 Gerda Lane

Sherwood OR 97140 US

Header Text: Per the response received via the

FY 26 Recommitment App, this PR has been resubmitted SSmith 11.12.25 OR-CULTURAL

RESOURCES-CULTURAL RESOURCES PPR2090107 _LR1

Tech POC: Jeremy Foin (971) 442-6153 Additional information: Indefinite Quantity-Indefinite

Delivery Contract # 140F0S25D0002, 140F0S25D0003, 140F0S25D0004, 140F0S25D0005 and

140F0S25D0006

Delivery: 09/30/2026

00010 cultural resources survey

Period of Performance: 04/14/2026 to

09/30/2026

Archeological Research and Devel Services Solicitation No. 140FS126Q0070 Cultural Resources Inventory FWS

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.

U.S. Fish and Wildlife Service, Cultural Resources FWS has a requirement for a Cultural Resource Inventory. The anticipated required delivery date is 30 days after award through the fiscal year.

This Request for Quotation (RFQ) is full an open competition and is conducted under the procedures of FAR Part 6, incorporating provisions and clauses in effect through Federal Acquisition Circular 2025-04.

The NAICS code is 712120.

Instructions All responsible sources may submit a quote, which shall be considered by the agency. Award will be made as a firm-fixed-price contract. The contract will be awarded to the vendor who proposes the best value product which also meets the specifications. Award will be made to a responsible source pursuant to FAR subpart 9.1. Delivery is FOB destination.

Please submit your quotation (showing unit and total price) on company letterhead with UEI No. and point of contact phone number and e-mail address. Additionally, if your company holds a GSA contract that would apply to this requirement, please provide the contract number. Refer to FAR provision 52.212-1 Instructions to Offerors – Commercial Items for additional submission guidance and include a copy of FAR provision 52.212-3 Offeror Representations and Certifications --Commercial Items with applicable sections completed.

Solicitation Questions Due: 04/07/2026 @ 1700 ET to kathryn_coltran@fws.gov Quotes Due: 04/09/2026 @ 1700 ET E-Mail Quote Submission: kathryn_coltran@fws.gov

In order to have a quote considered for award, respondent must be registered at the System for Award Management (SAM) website (https://www.sam.gov) as an active vendor by the time an award decision is necessary.

mailto:kathryn_coltran@fws.gov

STATEMENT OF WORK (2025 07 29)

Archeological Research and Development Services (541720)

Cultural Resources Inventory for the Tejada Ranch Habitat Management Project, Lake County, California

PR Number: _______________

1. General

1.1 The Sacramento Fish and Wildlife Office (2800 Cottage Way, Ste. W-2605, Sacramento, CA, 95825) proposes to contract a cultural resources inventory of Tejada Ranch in Lake County, California.

1.2 Purpose/End Application: The contractor will conduct background research, field survey, cultural resource identification and documentation, and report and site form preparation for the Tejada Ranch Habitat Management Project, Lake County, California. The contractor will analyze the collected data to:

1. Describe the artifacts and other cultural materials,

2. Characterize the cultural and natural environment,

3. Advise on the general integrity, content, and function of cultural resources, and

4. Recommend measures to protect and manage cultural resources during project activities.

1.3 Contractor Qualifications: The contractor shall meet the Secretary of the Interior’s

Standards for Archaeology and Historic Preservation, pursuant to 36 CFR §800.2(a)(1).

1.4 The project utilizes Federal funds and is therefore subject to Section 106 of the National

Historic Preservation Act (NHPA), as amended.

2. Place of Performance and Period of Performance

2.1 Vicinity of 4140 CA-20, Upper Lake, CA, 95485

2.2 Approximate fieldwork start date: August 20, 2025

2.3 Normal duty hours Monday thru Friday 8:00 a.m. - 4:30 p.m. In the event of emergencies, Contractor shall provide contact information.

2.4 Non-duty hours include weekday nights, weekends, and Government holidays (New Year’s Day, Martin Luther King JR.s’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day).

3. Scope

3.1 The contractor shall conduct a cultural resource inventory and site recordation that meets the standards of the California State Historic Preservation Officer (SHPO). The Survey Area shall be inventoried for cultural resources by pedestrian transects spaced approximately 20- 30 meters apart (maximum of 30 meters apart). All cultural resources that meet the definition of a site by the California SHPO shall be recorded. Site boundaries shall be determined by the extent of surface artifacts, cultural features, and geomorphic features. The contractor shall prepare California State Parks DPR 523 site forms, location maps, sketch maps, photographs of all sites, and obtain Smithsonian trinomials for each documented site.

Isolated artifacts shall also be recorded. The contractor shall inspect any previously recorded sites within the APE and prepare new site records to meet current California SHPO standards. No artifacts shall be collected. Diagnostic items such as projectile points, other dateable artifacts, and cultural features shall be documented on site forms and mapped by submeter GPS.

The contractor shall report GPS-derived UTM coordinates and boundaries for each cultural site in the APE so that the site can be relocated by work crews, flagged, avoided, and otherwise excised from the APE of the project by USFWS.

4. Deliverables and/or Delivery Schedule: (for extended list a bid schedule and/or use of line item detail on the PR is recommended)

4.1 The contractor will prepare a draft and final report according to the standards of the California SHPO. The contractor will submit an electronic version of the full draft report to the Contracting Officer’s Representative (COR). Following California SHPO standards, the draft and final report will include the following or equivalent sections:

1. Cultural Resource Report Cover Sheet and Title Page

2. Abstract, Introduction, Purpose

3. Undertaking and Area of Potential Effects

4. Location

5. Environmental Setting

6. Cultural Setting and Context

7. Literature Review

8. Research Design

9. Fieldwork, methods, crew, etc.

10. Results

11. Analysis, NRHP evaluation across all four criteria plus integrity

12. Conclusions and management recommendations to include the effect of the project on cultural resources within the APE

13. Bibliography

14. Maps, appendices, photographs, etc.

15. Site Forms printed and included as an appendix

4.2 Deliverables and Delivery Schedule:

• Draft Cultural Resource Report

• Draft Site Forms and Appendices

Within fourteen (14) days of receiving the final comments on the draft report and site forms from USFWS, the contractor shall upload the final Site Form(s) and related documents into the CHRIS database and shall submit the Site Records to the appropriate IC to request Smithsonian Trinomial Numbers. Upon receipt of the Smithsonian Trinomial Numbers from OHP, the contractor shall incorporate the Smithsonian Trinomial Numbers into the Full Final Report.

Within fourteen (14) days of receiving the Smithsonian Trinomial Numbers the contractor shall submit an electronic version of the Full Final Report to the Technical POC. The Full Final Report shall include:

• The Final Report (in .pdf and .docx formats)

• All Site Forms (in .pdf format)

• All GIS Shapefiles, to include the Following:

o Artifact Concentrations, Diagnostic Artifacts, Tools, Features, Site Boundary, Site Datum

• All Photographs and a Photo Log

The final report shall provide recommendations concerning the eligibility of each site for inclusion in the NRHP (specific criteria shall be assigned to each resource according to 36 CFR 60.4), provide recommendations for the effects of project activities on cultural resources, and answer research questions identified in the historic context of the report.

Preliminary Schedule:

• Meeting between Contractor and Technical POC within 2 weeks of Contract Award

• Literature Review and Fieldwork may begin Upon Award of Contract

• Draft Report and Site Record(s) Submitted No Later Than: November 1, 2025 o Technical POC shall provide edits and comments within 30 days of Receipt

• Final Site Record(s) Uploaded into CHRIS by the contractor to obtain Smithsonian

Trinomial Numbers from IC, No Later Than: December 14, 2025 o OHP Generally Responds within 8 Business Days

• Final Report and Site Record(s); these shall integrate the edits and comments from the Technical POC and include the Smithsonian Trinomial Numbers received from OHP;

Submitted No Later Than: December 2, 2025

5. Data Management Plan (DMP)

The Government has unlimited rights to all documents/material produced under this contract. All documents and materials produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

6. Government-Furnished Equipment (GFE) / Government-Furnished Information

(GFI)

Materials: USFWS shall provide the contractor with GIS data (including, but not limited to, site locations, APE, and Survey Areas). Some site records and reports may not be available through the CA SHPO; if so, USFWS will provide these records, if available, from USFWS archives. In addition, the contractor may request higher resolution documents of those found in the CA SHPO’s database from USFWS archives, if available; USFWS will provide those records to the contractor. Other USFWS records for use in background research will be provided, if available, to the contractor upon request.

7. Evaluation and Acceptance

7.1 The contractor will be evaluated as detailed herein. Government acceptance is contingent upon successful completion of the performance objectives detailed in Table 8.2.

8. Quality Control/Quality Assurance:

8.1 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

8.2 Performance Objec ve Standard Performance

Threshold Method of Surveillance

Background Research and Literature Review:

The contractor shall conduct background research and a literature review, per SecƟon 4.1 above.

The contractor shall follow the Cultural Resources ReporƟng guidelines set forth by the California SHPO (OHP 1990) to conduct the background research and literature review using CHRIS and other relevant sources. However, there are no restricƟons on the number and type of other relevant sources used during the background research and literature review. Other relevant sources may include, but are not limited to, USFWS archives, universiƟes, online repositories (e.g., the NaƟonal Archives, USDA Web Soil Survey, USGS Earth

Zero deviaƟon from standard.

100 percent inspecƟon. The Technical POC will review the perƟnent secƟons of the DraŌ and Final Reports to ensure that the required informaƟon meets the standards and is located within the reports. The informaƟon collected during the background research and literature review shall be included within, but not limited to the following perƟnent secƟons of the report:

Explorer, BLM-GLO Records), local museums, and local historical socieƟes. The contractor shall consider the nature and locaƟon of exisƟng cultural resources in nearby analogous environmental seƫngs and assess informaƟon on geomorphological processes that may affect the preservaƟon and discoverability of cultural resources in the project area.

IntroducƟon, Natural and Cultural Seƫng, and Literature Review, per OHP (1990).

Fieldwork/Cultural Resource Inventory: The contractor shall conduct an intensive cultural resource inventory of the survey areas defined within the APE. The intensive cultural resource inventory shall uƟlize an intensive pedestrian survey methodology, per SecƟon 3.1 above.

The contractor shall conduct an intensive cultural resource inventory of the survey areas defined within the APE (see SecƟon 3.1). The intensive cultural resource inventory shall uƟlize an intensive pedestrian survey methodology with transects spaced 20 meters apart. However, certain terrain or vegetaƟon may require a wider transect interval, in these instances, the transect interval shall not to exceed 30 meters. The survey methodology for the Base Item and two (2) OpƟons, per SecƟon 106 of the NHPA (36CFR §800), are defined in more detail within SecƟon 1.4.2, above.

Zero deviaƟon from standard.

100 percent inspecƟon. The Technical POC will review the DraŌ and Final Site Forms and the perƟnent secƟons of the DraŌ and Final Reports to ensure that the required informaƟon meets the standards and is located within the site forms and reports. The informaƟon collected during the fieldwork/cultural resource inventory shall be included within, but not limited to the following perƟnent secƟons of the report: Management Summary/Abstract, Research Design, Methods, Report of Findings, per OHP (1990).

Iden fy and Document Cultural Resource Sites:

The contractor shall idenƟfy and document all cultural resources.

All cultural resources that meet the definiƟon of a site by OHP shall be recorded. “Washington State statutes define an archaeological isolate as a single arƟfact and an archaeological site as a feature or two or more arƟfacts” (DAHP 2023:8). Site boundaries shall be determined by the extent of surface arƟfacts, cultural features, and geomorphic features. The contractor shall prepare DPR 523 site records, locaƟon maps, sketch maps, and photographs of all sites. Isolated arƟfacts shall also be recorded. The contractor shall inspect all previously recorded sites within the APE and prepare updated site records to meet current OHP standards. New site forms shall be prepared for all sites that were recorded more than 10 years ago. Site forms that have been completed or updated within the last 10 years do not need to be updated unless new diagnosƟc arƟfacts or features are idenƟfied.

Zero deviaƟon from standard.

100 percent inspecƟon. The Technical POC will review the DraŌ and Final Site Forms and the perƟnent secƟons of the DraŌ and Final Reports to ensure that the required informaƟon meets the standards and is located within the site forms and reports, per

OHP (1990).

Wri en Dra Report and Site Records: The contractor shall prepare draŌ reports and a site form for each site located and documented within each APE, per SecƟon 3.1 above.

The contractor shall prepare a site form for each site located and documented within the APE in accordance with the Cultural Resources Recording guidelines established by OHP (1995: 5-23).

The contractor shall prepare draŌ reports in accordance with the Archaeological Resource Management ReporƟng

Zero deviaƟon from standard.

100 percent inspecƟon. The Technical POC will review the DraŌ Reports and Site Forms to ensure that the required informaƟon meets the standards and is located within the site forms and reports, per

OHP (1990).

guidelines established by OHP (1990). The contractor shall submit an electronic version of the full draŌ reports to the Technical POC. Following OHP’s standards, the draŌ reports will include the secƟons (or their equivalent) as outlined by OHP in their Archaeological Resource Management ReporƟng guidelines (OHP 1990).

Final Site Records Uploaded to CHRIS: The contractor shall upload the final Site Form(s) and related documents into CHRIS, per SecƟon

4.2 above.

Within fourteen (14) days of receiving the final comments on the draŌ report from the FWS, the contractor shall upload the final Site Form(s) and related documents into CHRIS. contractor shall submit the Site Forms to OHP to request the Smithsonian Trinomial Numbers.

Zero deviaƟon from standard.

100 percent inspecƟon. The Technical POC will review the Final Site Forms within CHRIS to ensure that the required informaƟon meets the standards and is located within the site forms, per OHP (1990).

Full Final Report Submission: The contractor shall incorporate the Smithsonian Trinomial Numbers into the final report and submit an electronic version of the Full Final Report to

CHRIS.

Upon receipt of the Smithsonian Trinomial Numbers from the relevant IC, the contractor shall incorporate the Smithsonian Trinomial Numbers into the Full Final Report. Within fourteen (14) days of receiving the Smithsonian Trinomial Numbers the contractor shall submit an electronic version of the Full Final Report to the Technical POC. The final report shall provide recommendaƟons concerning the eligibility of each site for inclusion in the NRHP (specific criteria shall be assigned to each resource according to 36 CFR 60.4), provide recommendaƟons for the effects of project acƟviƟes on cultural resources, and answer research quesƟons idenƟfied in the historic context of the report. The Full Final Report shall include:

• The Final Report (in .pdf and .docx formats)

• All Site Forms (in .pdf format)

• All GIS Shapefiles, to include the Following:

• ArƟfact ConcentraƟons, DiagnosƟc ArƟfacts, Tools, Features, Site Boundary, Site Datum

• All Photographs and a Photo Log

Zero deviaƟon from standard.

100 percent inspecƟon. The Technical POC will review the Final Reports to ensure that the required informaƟon meets the standards and is located within the reports, per OHP (1990).

9. Technical Coordinator:

9.1 Jeremy C. Foin, Zone Archaeologist – Central and Southern California

United States Fish and Wildlife Service 2800 Cottage Way, Ste. W-2606 Sacramento, CA 95825 Phone: (971) 442-6153 Email: jeremy_foin@fws.gov

Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

---Addendum to 52.212-4---

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

1996)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of clause)

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

PROCESSING PLATFORM (IPP) (FEB 2021)

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

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

https://www.ipp.gov.

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

PDF Vendor-created invoice

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone

(866) 973-3131.

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

(End of Local Clause) http://www.acquisition.gov/far http://www.acquisition.gov/diar http://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

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

2015)

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

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

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

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

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

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

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

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

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

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

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

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

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

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

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award http://www.cpars.gov/ http://www.cpars.gov/ surveys, responsibility determinations, production readiness reviews, or other similar purposes.

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

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

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

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

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

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

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (MAY 2024)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

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

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

2024) (DEVIATION FEB 2025)

(a) Definitions. As used in this clause—

Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. ( 7 U.S.C. 8101) ( 7 CFR 4270.2).

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

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

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

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

(c) Submit this report no later than—

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

(2) At the end of contract performance.

(End of clause)

52.223-10, Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025)

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

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

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

(b) The Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The Contractor’s programs shall comply with applicable Federal, State, and local requirements, specifically including Section 6002 of the Resource Conservation and Recovery Act ( 42 U.S.C.6962, etseq.) and implementing regulations (40 CFR Part 247).

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

52.223-19 Compliance with Environmental Management Systems (May 2011) (DEVIATION FEB

2025) [RESERVED]

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation (Dec 2016) (DEVIATION FEB 2025) [RESERVED]

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

(a) Definitions. As used in this clause— http://www.biopreferred.gov/resources/categories.html%3B http://www.biopreferred.gov/ http://www.sam.gov/

Biobased product means a product determined by the U.S. Department of Agriculture (USDA) to be a commercial product or industrial product (other than food or feed) that is composed, in whole or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or feedstock. The term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share the product holds, the age of the product, or whether the market for the product is new or emerging. ( 7 U.S.C. 8101) ( 7 CFR part 4270.2).

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. ( 42 U.S.C. 6903).

Sustainable products and services means:

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

(2) Energy- and water-efficient products that are ENERGY STAR® certified or Federal Energy Management Program (FEMP)-designated products ( 42 U.S.C. 8259b) ( 10 CFR part 436, subpart C) ( https://www.energy.gov/ eere/ femp/ search-energy-efficient-products and https://www.energystar.gov/ products? s= mega).

(3) Biobased products meeting the content requirement of the USDA under the BioPreferred® program ( 7 U.S.C. 8102) ( 7 CFR part 3201) ( https://www.biopreferred.gov).

(4) Acceptable chemicals, products, and manufacturing processes listed under EPA's Significant New Alternatives Policy (SNAP) program, which ensures a safe and smooth transition away from substances that contribute to the depletion of stratospheric ozone ( 42 U.S.C. 7671l) ( 40 CFR part 82, subpart G) ( https://www.epa.gov/ snap).

(b) Requirements.

(1) The sustainable products and services, including the purchasing program and type of product or service, that are applicable to this contract, and any products or services that are not subject to this clause, will be set forth in the statement of work or elsewhere in the contract.

(2) The Contractor shall ensure that the sustainable products and services required by this contract are—

(i) Delivered to the Government;

(ii) Furnished for use by the Government;

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

(iv) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract (versus costs which are normally applied to the Contractor's general and administrative expenses or indirect costs). This includes services performed by contractors performing management and operation of Government-owned facilities to the same extent that, at the time of award, an agency would be required to comply if an agency operated or supported the facility.

(c) Resource. The Green Procurement Compilation (GPC) available at https://sftool.gov/ greenprocurement provides a comprehensive list of sustainable products and services and sustainable acquisition guidance. The http://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products) http://www.energy.gov/eere/femp/search-energy-efficient-http://www.energystar.gov/products?s=mega) http://www.biopreferred.gov/ http://www.epa.gov/snap)

Contractor should review the GPC when determining which statutory purchasing programs apply to a specific product or service.

End of clause

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025)

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

(1) 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. 3805 note)).

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 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)).

__ (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) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4655&num=0&edition=prelim https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4712&num=0&edition=prelim https://www.acquisition.gov/far/3.900#FAR_3_900

_X_ (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).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

_X_ (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, title II).

_X_ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L.

115–390, title II).

_X_ (ii) Alternate I (DEC 2023) of 52.204-30.

_X_ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) ( 31 U.S.C. 6101 note).

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

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (16) 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 (JAN 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) ( 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 (JAN 2025) of 52.219-9.

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

https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.204-28#FAR_52_204_28 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.govinfo.gov/link/plaw/115/public/390 https://www.govinfo.gov/link/plaw/115/public/390 https://www.acquisition.gov/far/52.204-30#FAR_52_204_30 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 https://www.govinfo.gov/link/uscode/31/6101 https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13

__ (ii) Alternate I (MAR 2020) of 52.219-13.

_X_ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

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

__ (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (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)).

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

_X_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X__ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025)( 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.

_X_ (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).

_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (OCT 2025) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (40) 52.222-54, Employment Eligibility Verification (JAN 2025) ( 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.)

https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.federalregister.gov/executive-order/13126 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.federalregister.gov/executive-order/12989 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9

__ (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.)

_X_ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) ( 42 U.S.C. 7671, et seq.).

_X_ (43)…