1. RFP 1240BK26R0003 - Malheur NF; Blue Mt. RD and Emigrant Cree RD.pdf

(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with part 12. This announcement constitutes the only solicitation.

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

Solicitation number 1240BK26R0003 is issued as a request for proposal (RFP) for Malheur National Forest Tree Planting.

This acquisition is set-aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

(ii) A list of line-item number(s) and items, quantities, and units of measure. See attached schedule of items.

(iii) Description of requirements for the items to be acquired, including documentation supporting any brand name descriptions (see 12.102). The Contractor shall furnish all labor, equipment, supervision, transportation, supplies, except those designated as Government-furnished, and incidentals to perform all work specified herein for transporting and hoedad planting Government-furnished coniferous tree seedlings in general reforestation units on the Malheur National Forest.

(iv) Date(s) and place(s) of delivery and acceptance and f.o.b. point (see part 47). The performance for this requirement shall be performed in Blue Mountain Ranger District and Emigrant Creek Ranger District of the Malheur National Forest.

I. FAR and AGAR Provisions:

• 52.212-1 Instructions to Offerors - Commercial Products and

Commercial Services (Nov 2025) Addendum to 52.212-1:

(a) A site visit has not been scheduled for this requirement. Offerors are however encouraged to conduct their own research into the area, this research is at the offerors own expense and is not reimbursable by the government.

(b) Questions concerning this solicitation shall be submitted electronically via email to kevin.flores@usda.gov no later than Friday, March 13, 2026, at 12:00 PM (Pacific Time).

(c) Answers to offerors questions will be posted in SAM.gov no later than Thursday, March 19, 2026, at 12:00 PM (Pacific Time).

(d) All amendments to the solicitation will be posted in SAM.gov. Acknowledge receipt and understanding of all amendments to this solicitation by sending an email to kevin.flores@usda.gov. In the email, include the solicitation and amendment number.

(e) Offers shall be submitted electronically via email to kevin.flores@usda.gov no later than Tuesday, March 24, 2026 at 10:00 PM (Pacific Time). Offerors shall ensure offers are delivered into this inbox by the due date and time.

http://www.acquisition.gov/ mailto:kevin.flores@usda.gov mailto:kevin.flores@usda.gov mailto:kevin.flores@usda.gov

Emails should contain 3 separate attachments: Technical Capability (in Microsoft Word or PDF format), Past Performance (in PDF format), and Price (in Microsoft Excel format). Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer.

(f) The Government reserves the right to require the submission of Other Than Certified Cost or Pricing Data as is deemed necessary to arrive at a fair and reasonable price.

(g) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition.

(End of Provision)

FAR and AGAR Provisions incorporated by Reference:

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

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

• 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (SEP

2025)(DEVIATION)

• 52.216-31 Time and Materials/Labor Hour Proposal Requirements – Commercial Acquisition (Nov 2021)

• 52.217-5 Evaluation of Options (Nov 2025)

• 52.222-52 Exemption from Application of the Service Contract

Labor Standards for Certain Services-Certification (Nov 2025)

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

FAR and AGAR Provisions incorporated by full text:

FAR Provisions:

• 52.216-1 Type of Contract (OCT 2025) The Government contemplates award of a Firm-Fixed Price, Requirements contract resulting from this solicitation.

(End of provision)

• 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the

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

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

(End of provision)

• 52.252-5 Authorized Deviations in Provisions (NOV 2020)

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

(b) The use in this solicitation of any Agricultural Acquisition Regulation (AGAR) (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision) AGAR Provisions:

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

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

(b) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution.

(c) Neither it nor any proposed subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution.

(b) If the offeror participates in, facilitates, or funds programs that implicate

Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, by submission of its offer, the offeror certifies that it is compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The offeror affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the offeror will not be eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

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

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to offeror’s compliance with the above requirements and/or eligibility for the contract may subject the offeror to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) Failure on the part of the offeror or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate the contract for default.

(End of Provision)

II. FAR and AGAR Clauses:

FAR and AGAR Clauses Incorporated by Reference:

• 52.212-4 Terms and Conditions—Commercial Products and

Commercial Services (Nov 2025)

• 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

• 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017)

• 52.204-13 System for Award Management—Maintenance (Nov 2025)

• 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025)

• 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025)

• 52.216-21 Requirements (Nov 2025)

(b) Contractor shall not be required to make any deliveries under this contract after [insert date].

• 52.217-8 Option to Extend Services (Nov 1999)

(b) 30 calendar days prior to contract expiration

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

(b) 30 Calendar days prior to contract expiration and 60 days five years and 6 months.

• 52.219-6 Notice of Total Small Business Aside (Nov 2025)

• 52.222-3 Convict Labor (June 2003)

• 52.222-35 Equal Opportunity for Veterans (Nov 2025)

• 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025)

• 52.222-41 Service Contract Labor Standards (Aug 2018)

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

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits

Tree Planter $18.16 – 24.6%

• 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018)

• 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014)

• 52.222-50 Combating Trafficking in Persons (Nov 2025)

• 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)

• 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (Nov 2025)

• 52.222-54 Employment Eligibility Verification (Nov 2025)

• 52.226-8 Encouraging Contractor Policies to Ban Text Messaging

While Driving (May 2024)

• 52.232-33 Payment by Electronic Funds Transfer— System for Award

Management (Oct 2018)

• 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors (Mar 2023)

• 52.233-3 Protest After Award (Sep 2025)

• 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025)

• 52.237-2 Protection of Government Buildings, Equipment, and

Vegetation. (APR 1984)

• 52.240-91 Security Prohibitions and Exclusions (Nov 2025)

• 52.244-6 Subcontracts for Commercial Products and Commercial

Services (Nov 2025)

• 52.245-1 Government Property (Sep 2021)

• 52.245-9 Use and Charges (APR 2012)

FAR and AGAR Provisions incorporated by full text:

AGAR Clauses

• 452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec 2025)

(a) By entering into this contract, the Contractor certifies that:

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

Constitution, and it will remain compliant for the duration of the contract.

2. Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S.

Constitution, and the Contractor and any subcontractor or teaming partner will not do so for the duration of the contract.

(b) If the Contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the Contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The Contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the Contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contract may subject the Contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) The Contractor must include the provisions of this clause in all subcontract solicitations.

(g) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.

(End of Clause)

• 452.204–70 Modification for Contract Closeout (Nov 2025)

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The Contracting Officer shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer 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 Contracting Officer may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 60 days, the Contracting Officer 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.

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and a ‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 120 days, the Contracting Officer 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.

(End of Clause)

III. Additional terms and conditions:

A. NOTICE FOR FILING AGENCY PROTESTS

United States Department of Agriculture (USDA) Ombudsman Program

The USDA is committed to issuing solicitations and awarding contracts in a fair and prompt manner. The Ombudsman Program for Agency Protests (OPAP) was established to address protest issues within the agency, providing an alternative to costly and time-consuming litigation. Operating independently, OPAP offers relief comparable to that granted by the Government Accountability Office (GAO). Interested parties are encouraged to resolve concerns through USDA’s internal Alternative Dispute Resolution (ADR) process before pursuing external forums such as the GAO. Concerns may be addressed informally or through a formal agency protest filed with either the Contracting Officer or the Ombudsman.

Informal Forum with the Ombudsman

1. Initial Point of Contact: Interested parties who believe a specific USDA procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer.

2. Escalation: If the Contracting Officer is unable to address their concerns, interested parties are encouraged to contact the USDA Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Utilization of the informal forum does not suspend any time requirement for filing a formal protest with the agency or other forums.

3. Required Information: To ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman

1. Effort to Resolve: Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions.

2. Independent Review: If the protester’s concerns remain unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest with either the Contracting Officer or, alternatively, with the Ombudsman under the OPAP program. Contract awards or performance will be suspended during the protest period unless justified in writing for urgent and compelling reasons or determined in writing to be in the best interest of the Government.

3. Resolution Timeline: The agency’s goal is to resolve protests within 35 calendar days from the date of filing.

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

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

6. Submission: Formal protests under the OPAP program should be submitted electronically to SPE.inquiry@usda.gov and the Contracting Officer.

Election of Forum. By initiating a protest with the USDA, the protester agrees not to pursue the same matter with the Government Accountability Office (GAO) or any other external forum while the agency protest is pending. If a protest is filed externally, the agency protest will be dismissed.

B. EVALUATION AND BASIS FOR AWARD:

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

General: When combined, all technical evaluation factors are approximately equal to cost or price.

Technical Proposal: A firm’s Technical Proposal will be evaluated based upon their technical approach to the Performance Work Statement and the related qualifications of the personnel proposed. Any technical factors that are not addressed will receive no consideration. The sub-factors are all of equal value. At a minimum the technical response should clearly address the following:

FACTOR 1 PAST PERFORMANCE:

Submit a list of relevant prior work the contractor has performed within the past three (3) years along with contact information so the government may contact prior customers to evaluate past performance. If you will be utilizing subcontractor(s), provide the same information as noted above. Information should include the project name, location, description of the work, dollar value and name/phone/email of project owner representative.

The Government will evaluate the offeror’s past performance to assess the degree of confidence that the offeror will successfully perform the required effort. The evaluation will consider recency, relevancy and quality. Sources may include CPARS, past performance questionnaires, and other verifiable references. The Government reserves the right to limit or expand the number of references it decides to contact and to contact references other than those provided by the offeror. Attached to this solicitation is a Past Performance Form that is optional for use.

FACTOR 2 EXPERIENCE:

Submit a short narrative providing details of the experience the firm has (either as a prime or sub-contractor) for work similar in nature and scope in geographical conditions similar to this requirement regarding planting of bare-root conifer seedlings.

FACTOR 3 TECHNICAL APPROACH TO PERFORMING THE WORK: At a minimum, provide a list of key personnel including number and the size of the crews, a list of vehicles and equipment to be used, production rates, and estimated number of days to complete each item.

FACTOR 4 PRICE: Submit a completed Schedule of Items with all items priced. Please double check math to make sure the total for each line item is calculated correctly and the sum of all line items is equal to the total price of the base item and option item on the schedule

C. ATTACHMENTS AND APPENDIX

The following attachments and appendix are made part of this solicitation and any resultant contract.

a. Attachments:

i. Performance Work Statement

ii. Service Contract Labor/Wage Rates

iii. Schedule of Items

General: When combined, all technical evaluation factors are approximately equal to cost or price.