Solicitation 12318726Q0077.pdf
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- Attached to
- Communications Uses Market Rent Study
- Solicitation number
- 12318726Q0077
- Issued by
-
Department of Agriculture Forest Service
About this file
This is a Request for Proposal (RFP) for a Communications Uses Market Rent Study, issued by the USDA Forest Service under Solicitation Number 12318726Q0077.
The Forest Service seeks a contractor to conduct a comprehensive market rent survey for wireless communications use authorizations across approximately 1,400 communications sites on federal lands. The assignment requires collecting current market rental data for 11 Priority 1 communications use types (including AM/FM radio, television, cellular, microwave, and private mobile radio services) organized by 10 population zones ranging from 5,000,000+ to under 4,999 residents. An optional Priority 2 scope addresses 10 additional use types including cable television, commercial mobile radio service, and navigational equipment. Deliverables include market survey data in digital format and a written market study report with narrative and graphical analysis of rental findings. The contractor must collect data from private lands, state/local government properties, and other sources deemed applicable, with minimum sufficiency requirements for Priority 1 use types. The assignment involves confidential information handling; the contractor maintains physical custody of proprietary data while providing access to Forest Service appraisers and subject matter experts through an encrypted digital vault or contractor facilities. The estimated performance period is 120 days from notice to proceed, with adjustments permitted if justified. Payment occurs upon report review and recommendation by the Contracting Officer's Representative. The NAICS code is 541618 (Other Management Consulting Services), and a firm fixed-price contract is anticipated. Questions are due September 7, 2026, a pre-bid meeting is scheduled for September 15, 2026, and proposals are due September 25, 2026, at 2:00 PM Eastern Time. Evaluation criteria include technical approach, management approach (with emphasis on team qualifications and data collection methodology), past performance, and price realism. The solicitation indicates no small business set-asides and references applicable FAR clauses for commercial services.
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| Questions and Responses posted 9-9.pdf |
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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
32TD CODE 16. ADMINISTERED BYCODE
X
X
541611
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED OR3187
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
09/25/2026 1400 ES
08/31/2026
202-617-8490CASSANDRA CAREY
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
12318726Q0077
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 35 1163283OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
See Schedule
15. DELIVER TO
WASHINGTON DC 20250-1138
1400 INDEPENDENCE AVE SW MS-1138
AQM PROC PROPERTY
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$24.5
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 FOREST SERVICE
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.
DELIVER TO:
USDA FOREST SERVICE
AQM 7TH FI RPE
STOP CODE 1138
1400 INDEPENDENCE AVE SW
WASHINGTON DC 20250-1138 US
Mark For:
USDA FOREST SERVICE
SPOC EAST
1400 INDEPENDENCE AVE SW MS-1138
Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
CASSANDRA N. CAREY
. 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
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.
WASHINGTON DC 20250-0001
Provide all labor, materials and supplies to conduct a Market Study to reflect current market rental fees on Communication Sites for telecommunication uses as displayed in the current FS/BLM Communication Site Fee Schedule.
The Market Study shall focus on the Western
United States, specifically in Forest Service
Regions 1, 2, 3, 4, 5, and 6. Results of the
Market Study will be used as basis to update the
FS/BLM Communication Site Fee Schedule as required by Section 504(g) of FLPMA, 43 U.S.C. §
1764(g), which requires the BLM and Forest
Service to collect rent for communications uses based on fair market value per the SOW, herein.
Period of Performance: 09/30/2026 to 10/15/2027
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
35 2 of
Communications Uses Market Rent Study
Overview USDA Forest Service (USFS) manages approximately 193 million acres of federal lands, including more than 3,900 wireless communications use authorizations at approximately 1,400 communications sites across the United States. A market rent survey for the various communications uses is needed to ensure that the annual land use rental fees (rental fees) charged by the Forest Service reflect market economics and industry standards. A firm fixed priced contract is anticipated. The NAICS for this acquisition is 541611 Administrative Management and General Management Consulting Services as outlined within the Statement of Work (SOW)
The contractor shall furnish a Certificate of Conformance (COC) in accordance with Federal Acquisition Regulation (FAR) clause 52.246-15. COC must be submitted in the format specified in the clause. Offerors must be able to provide necessary certification including traceability to the manufacturer, manufacturer's COC, and its own certificate of conformance. Prospective vendors who are not the OEM or an authorized distributor must provide traceability for the offered product back to the manufacturer or authorized distributor.
SCHEDULE OF ITEMS
Comm Site Market Study
WORKPLAN ACQUISITION PLAN/REQUISITION NO: 1163283
Period of Performance (Required for Services and A&E) *09/01/26 - 05/01/27
Anticipated Delivery Date (Required for Supply and Construction) Delivery Date
SCHEDULE OF ITEMS
ITEM
NUMBER DESCRIPTION PAY
UNIT EST QTY
0001 Market Study Information LS 1
EA - EACH
MO - MONTH
Award anticipated to be a firm fixed price contract.
*Date adjusted based on award.
STATEMENT OF WORK (SOW)
Communications Uses Market Rent Study
SECTION 1 – Subject Identification & General Information
Project Overview
The Forest Service manages approximately 193 million acres of federal lands, including more than 3,900 wireless communications use authorizations at approximately 1,400 communications sites across the United States. A market rent survey for the various communications uses is needed to ensure that the annual land use rental fees (rental fees) charged by the Forest Service reflect market economics and industry standards. A firm fixed priced contract is anticipated. The NAICS for this acquisition is 541618 (Other Management Consulting Services).
This project includes a scope of work that requires assembling and presenting current market data (rent) for each communications use type (use type) in the Priority 1 Proposed Rental Fee Schedule (Priority 1 Proposed Schedule) in Exhibit 1. An optional scope of work is to assemble and present current rent for each communications use type in Priority 2 Proposed Rental Fee Schedule (Priority 2 Proposed Schedule) in Exhibit 2. The contractor is asked to provide communications use rental data in sufficient quantity and quality to reflect current market rental fees. .
A BASE SCOPE QUOTE is requested, along with an OPTIONAL SERVICE QUOTE. Data collection will include communications uses on private land, lands administered by state or local governments, and any other communications use rent data that is deemed by the contractor to be applicable to the assignment. The BASE SCOPE QUOTE will be a market study drawing from markets where the Forest Service has a presence for the Priority 1 use types identified in Exhibit 1 and 3. The OPTIONAL SERVICE QUOTE will incorporate the BASE SCOPE market study and also include data for the Priority 2 use types identified in Exhibit 2 and 3.
Deliverables are to include market survey data captured in a digital format as agreed upon by the Forest Service (Agency or client) and the awarded contractor and a written market study report.
The written report will be a market study utilizing the collected, confirmed market data that summarizes the findings of market rent for the categories and types of communications uses included in the Proposed Schedule within the report. This is to include both the narrative and graphical summarization of the findings.
SECTION 2 – Market Study Requirements and Instructions
Assignment Description
The contractor will collect market data for each use type in the Proposed Schedule, which is included as an exhibit in this Statement of Work. Market data for each fee category should be included.
As detailed ahead, each use agreement included in the market study should include specific information about the agreement and its terms. Market data for each use type and population strata (zone), will be collected and reported. The population strata should be considered the population served by the use.
This assignment involves research and data collection intended to assist the client in determining the appropriate figures for a Proposed Schedule. It is expected that the contractor will complete the following tasks:
I. Collect market data for each use type and each zone sufficient for the client to determine a Proposed Schedule;
II. This comparable data can include communications uses on private land, lands administered by state or local governments, and any other communications use rent data that is deemed by the contractor to be applicable to the assignment.
III. Report the data with the lease information detailed below. Data presentation should also graph the data to visually display the range, mean, median, and best fit rental amounts for each communications use type and zone.
IV. The market data will be reviewed for acceptance by the Forest Service. Written recommendations, as necessary, will be provided to the contractor before submission of a final written report.
The collection and presentation of market rental information is anticipated to include proprietary and/or confidential information. A summarized schedule of the relevant market data that does not divulge proprietary or confidential details will be included in the report. During the preparation of the report, it is expected there will be informal consultation with Forest Service appraisal staff or subject matter experts (SME) retained by the Forest Service. These individuals will be given access to the confidential and proprietary data supporting the published summary, preferably at the contractor’s place of business or via encrypted digital vault with as needed access controlled by the contractor. This information will not be held in conjunction with this assignment by the client but will be made available during the review process to the client employees and SME upon request of the client.
Project Participation
This project includes a scope of work that requires assembling and presenting current market data (rent) for each use type. The contractor is encouraged to include industry participants and/or knowledgeable communications site development specialists as team members.
The contractor will have broad flexibility in the structure of their strategy for project completion. Formal or informal periodic progress reviews with the client, as requested by the client, may be initiated to ensure the client is satisfied and the data is sufficient for their intended use.
Verification of use types and categories in the Proposed Rental Fee Schedule
The Priority 1 Proposed Schedule sets rentals for 11 different use types (Exhibit 1) and Priority 2 Proposed Schedule sets rental rates for 10 different use types (Exhibit 2). The market for each use will be sampled to such an extent as to allow adequate data for the agency to complete all columns of the Proposed Schedules, based on the use types in Exhibit 3. At a minimum, sufficient market rent for each use type and zone shall be collected for the Priority 1 use types.
Documentation
The market study will include all supporting information and market data except to the degree confidential data is held in the contractor’s files. The presented comparable market data must include rents for each use type and zone. If additional use types are identified in the market and data supports additional use types being added, the contactor shall notify the Contracting Officer’s Representative
(COR).
Deliverables are to include market survey data captured in digital format and a market study report summarizing findings. The summaries of agreements will include rents charged, terms of the lease, renewable options, and which zone is served. Unless certain use types and zone matches are determined to be unnecessary, the final report should have a representative data set to populate the Priority 1 Proposed Schedule (Exhibit 1), and if awarded Priority 2 Proposed Schedule (Exhibit 2). If market data supports additional or consolidated zones the contractor should notify the client.
Information on Comparable Data
The contractor will provide in digital format the following information on each comparable lease:
• Street Address
• Communications Use Location (Latitude/Longitude)
• City
• State
• Use
• *Lessor
• Lessor Type – Public Entity, Private Entity
• *Lessee
• Lease Commencement Date
• Term
• Number of Term Options
• Option Years
• Rent Year
• Monthly Rent
• Annual Rent
• Annual Escalation
• Population Served/Reach
• Population Zone
• Rent methodology (schedule, land value etc.)
• Comments
*Optional field
Special Requirements and Instructions
1. At the request of the Department of Justice (DOJ) and subject to a separate contract, the contractor may be required to testify or provide a declaration supporting the data presented in the market study.
2. Only the client can modify the instructions herein and any modifications must be in writing.
3. The Forest Service is the contractor’s client. The contractor may not communicate assignment results to any party except those authorized in writing by the client.
4. If consultations with agency communications specialists are required for clarification of regulations, questions concerning authorized federal communications uses, or other specific matters germane to the assignment, the client review appraiser will be the initial contact and will be included in those verbal or written consultations.
5. If the contractor discovers material facts which differ from those provided by the client or encounters circumstances which prevent the contractor from developing a credible report, the contractor must contact the client for instructions.
General Requirements and Instructions
1. The Statement of Work and other written assignment instructions must be included in the addenda to the market study.
2. The market study will be reviewed for compliance with the terms of this Statement of Work. Any findings of inadequacy will require clarification or correction.
3. Confidential Information
• The contractor will consider the Market Study and all USDA internal documents furnished to the contractor to be confidential. Refer all requests for information concerning the Market Study to the client review appraiser.
• The contractor may provide information and data pertaining to the Market Study only to the client contact or their designees.
• The collection and presentation of market rental information is anticipated to include proprietary and/or confidential information. A summarized schedule of the relevant market data that does not divulge proprietary or confidential details will be included in the report. An excel spreadsheet summary or equivalent is acceptable. During the preparation of the report, it is expected there will be informal consultation with Forest Service appraisal staff or subject matter experts (SME) retained by the Forest Service. These individuals will be given access to the confidential and proprietary data supporting the published summary, preferably at the contractor’s place of business or via encrypted digital vault with as needed access controlled by the contractor. This information will not be held in conjunction with this assignment by the clients but will be made available during the review process to the client employees and SME upon request of the client agency.
• Confidential information and data furnished to the contractor will be marked accordingly;
maintained in the contractor’s file; and, if the provider requests that the information and data be kept confidential, be made available only to the client or their designees upon request;
• Information or data will be presented in the report in a manner that protects the confidentiality of the information or data to the maximum extent possible;
• All or part of the information, data, and market study furnished to the client review appraiser by the contractor as part of the contract may be subject to release under the Freedom of Information Act (FOIA) in accordance with DOJ guidance regarding release;
• The contractor, rather than the Forest Service, shall have physical custody and control of the confidentiality of information and data obtained as part of the new market study;
• The contractor will follow DOJ guidance for determining whether commercial or financial information is confidential and may be withheld from release under Exemption 4 of the FOIA.
The DOJ guidance can be found at https://www.justice.gov/oip/step-step-guide-determining-if-commercial-or-financial-information-obtained-person-confidential; and
• At the request of DOJ, the contractor may be required to submit all reported information and data, including confidential information and data.
https://www.justice.gov/oip/step-step-guide-determining-if-commercial-or-financial-information-obtained-person-confidential https://www.justice.gov/oip/step-step-guide-determining-if-commercial-or-financial-information-obtained-person-confidential
SECTION 3 – Performance & Submission Requirements
Prior to contract award, the contractor must address any questions regarding the instructions or technical requirements for the Market Study to the Contracting Officer. After contract award, the contractor’s single point of contact for questions regarding instructions or technical requirements will be the Contracting Officer’s Representative (COR). The client review appraiser will be the COR for the contract. The terms “client” and “Contracting Officer’s Representative (COR)” are used interchangeably in this document. The contact information for the COR and any other assignment contacts will be provided upon contract award.
Pre-Bid Meeting
A Microsoft Teams meeting with all potential bidders will be conducted prior to acceptance of any bid.
The teams meeting will define the scope of the assignment and its intended purpose. Meeting information is below:
Microsoft Teams meeting Join: https://teams.microsoft.com/meet/265337426187849?p=Xu7rqgsAwVmO3cUlLq Meeting ID: 265 337 426 187 849 Passcode: ov9CV9ep
Dial in by phone +1 202-650-0123,,953055705# United States, Washington Phone conference ID: 953 055 705#
Pre-Work Meeting
A Microsoft Teams meeting with the contractor will be conducted after contract award. The purpose of the Microsoft Teams meeting will be to discuss the Statement of Work and any questions or concerns the contractor might have. The COR will coordinate the date and time of the discussion with the contractor.
Deliverable/Task Schedule
This assignment involves research and data collection tasks required to support the annual market rents provided in the Proposed Schedule. It is expected that 120 days will be required to complete the tasks and Market Study report. This is the preferred time frame. Bidders are encouraged to submit proposals with an alternative performance period if the preferred performance period does not reflect the bidder’s ability to deliver the product within the time period specified.
Justification for alternative performance periods should be included in the proposal. The performance period will begin on the date the contractor is given the notice to proceed.
Payment
Payment will be recommended to the client Contracting Officer upon report review and recommendation by the agency COR.
https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fmeet%2F265337426187849%3Fp%3DXu7rqgsAwVmO3cUlLq&data=05%7C02%7Ccassandra.carey%40usda.gov%7Cb2a20b4af83b45a2577308df021b4df4%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C1%7C0%7C639231988426055075%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=QZQmwHCRX9PUjJ0KrCdzAZnicZpwXr5Icqf64FeNx18%3D&reserved=0 tel:+12026500123,,953055705
Communications Uses Market Rent Study 12318726Q0077
Rev. 5/7/26
Exhibit 1
PRIORITY 1 - PROPOSED RENTAL FEE SCHEDULE FOR COMMUNICATIONS USES
ZONE and
POPULATION
AM
RADIO
FM
RADIO
LOW POWER
FM TELEVISION LOW POWER
TV
BROADCAST
TRANSLATOR CELLULAR FACILITY
MANAGER
INTERNET
SERVICE
PROVIDER
MICROWAVE
PRIVATE
MOBILE RADIO
SERVICE
Zone 1 5,000,000 plus
Zone 2 2,500,000 to
4,999,999
Zone 3 1,000,000 to
2,499,999
Zone 4 500,000 to
999,999
Zone 5 300,000 to
499,999
Zone 6 100,000 to
299,999
Zone 7 50,000 to
99,999
Zone 8 25,000 to
49,999
Zone 9 < 24,999
Zone 10 < 4,999
TBD if Market Data Supports
Rev. 5/7/26
Exhibit 2
PRIORITY 2 - PROPOSED RENTAL FEE SCHEDULE FOR COMMUNICATIONS USES
ZONE and
POPULATION
CABLE
TELEVISION
COMMERCIAL
MOBILE
RADIO
SERVICE
LOCAL EXCH.
NETWORK
AMATEUR
RADIO
PERSONAL/PRIVATE
RECEIVE ONLY
ANTENNA
RESOURCE
MONITORING
OTHER
COMMUNICATIONS
IMPROVEMENTS
NAVIGATIONAL
EQUIPMENT PASSIVE REFLECTOR
Zone 1 5,000,000 plus
Zone 2 2,500,000 to
4,999,999
Zone 3 1,000,000 to
2,499,999
Zone 4 500,000 to
999,999
Zone 5 300,000 to
499,999
Zone 6 100,000 to
299,999
Zone 7 50,000 to
99,999
Zone 8 25,000 to
49,999
Zone 9 < 24,999
Zone 10 < 4,999
TBD if Market Data Supports
Exhibit 3
Current Communications Use Types
Communications Use Type Description
Priority 1 AM AM Radio Broadcast FM FM Radio Broadcast
LPFM Low Power FM Radio TV Television Broadcast
LPTV Lower Power Television BT Broadcast Translator
CEL Cellular Telephone and Personal Communication Services FAM Facility Manager ISP Internet Service Provider MIC Microwave
PMRS Private Mobile Radio Service
Priority 2 CT Cable Television
CMRS Commercial Mobile Radio Service LE Local Exchange Network OT Amateur Radio OT Personal/Private Receive-only Antenna OT Resource Monitoring OT Other Communication Improvement OT Navigational Equipment PR Passive Reflector
Description of Communications Use Types Priority 1
AM Radio Broadcast means a use that broadcasts amplitude modulation (AM) audio signals for general public reception. This category of use includes radio stations that generate revenue from commercial advertising and public radio stations whose revenues are supported by subscriptions, grants, and donations. Broadcast areas often overlap State boundaries. This category of use relates only to primary transmitters, and not to any rebroadcast systems such as an FM translator that is authorized to rebroadcast the programming of AM stations.
FCC Radio Service Codes:
(AD) AM Digital (AM) AM Station (AX) International Broadcast Station
FM Radio Broadcast means a use that broadcasts frequency modulation (FM) audio signals for general public reception. This category of use includes radio stations that generate revenue from commercial advertising and public radio stations whose revenues are supported by subscriptions, grants, and donations. Broadcast areas often overlap State boundaries. This category of use relates only to primary transmitters, and boosters serving primary transmitters, and not to any rebroadcast systems such as translators, boosters or microwave relays serving broadcast translators, or holders licensed by the FCC as low power FM radio.
FCC Radio Service Codes:
(FB) FM Booster (FD) FM Digital (FM) FM Station (FS) FM Auxiliary Transmitting Antenna
Low Power FM Radio a LPFM station is limited to non-commercial educational or government entities by the FCC.
This category of use includes translators associated with public telecommunication services.
FCC Radio Service Codes:
(FL) Low Power FM
Television Broadcast means a use that broadcasts UHF and VHF audio and video signals for general public reception. This category of use includes commercial digital television stations (major and independent networks) that generate income through commercial advertisement and educational digital television stations (public and university television stations whose operations are supported by subscriptions, grants, and donations). Broadcast areas may overlap State boundaries. This category does not include LPTV or rebroadcast devices, such as translators, or transmitting devices, such as microwave relays serving broadcast translators.
FCC Radio Service Codes:
(DD) Digital TV Distribution System (DM) DTV Channel Change (DN) New DTV Allotment (DR) DTV Channel Substitution (DS) Digital TV
STA
(DT) Digital TV (NM) NTSC Channel Change (TV) Television
Low Power Television a LPTV station operates with less than 150 kW of power on Channels 14 through 69, or 3 kW of power on Channels 2 through 13. A LPTV station may broadcast material independent of any television station.
FCC Radio Service Codes:
(CA) Class A TV station (DC) Digital Class A TV station (see KBFX-CD) (LD) TV Translator or LPTV station (may be MIC, BT, CEL or ISP depending upon actual use) (TT) TV Translator Relay (a microwave use billed at the broadcast translator rate) (TX) TV Translator or LPTV station
Broadcast Translator means a use of translators and boosters or microwave relays serving broadcast translators.
Broadcast translators receive a television or a radio broadcast signal and rebroadcasts it on a different channel or frequency for local reception. In some cases the translator relays the signal to another amplifier or translator.
FCC Radio Service Codes:
(FX) FM Translator (LD) TV Translator or LPTV station (may be BT, CEL or ISP depending upon actual use) (TT) TV Translator Relay (a microwave use billed at the broadcast translator rate) (TX) TV Translator or LPTV station
Cellular Telephone means a system of mobile or fixed communication devices that use a combination of radio and telephone switching technology and provide public switched network services to fixed or mobile users, or both within a defined geographic area. The system consists of one or more cell sites containing transmitting and receiving antennas, cellular base station radio, telephone equipment, or microwave communications link equipment utilized as back haul for that site.
The following uses may be categorized as Commercial Mobile Radio Service (CMRS) on an FCC license, however, for rent determination purposes these are all considered Cellular uses: (1) Enhanced Specialized Mobile Radio (ESMR), (2) Improved Mobile Telephone Service (IMTS), (3) Air-to-Ground, (4) Offshore Radio Telephone Service,
(5) Cell Site Extender, (6) Local Multipoint Distribution Service and (7) Personal Communication Service (PCS).
FCC Radio Service Codes:
(CL) Cellular (CX) Cellular, Auctioned (BA) 1390-1392 MHz Band, Market Area (BB) 1392-1395 and 1432-1435 MHz Bands, Market Area (WT) 600 MHz Band (WX) 700 MHz Bands (WY) 700 MHz Lower Band (Blocks A, B, E) (WU) 700 MHz Upper Band (Block C) (WP) 700 MHz Upper Band (Block D) (AW) AWS, 1710-1755/2110-2155 MHz bands (GW) General Wireless Communications Service (WZ) Lower 700 MHz Bands (CW) PCS Broadband (CN) PCS Narrowband (WS) Wireless Communications Service (CA) Commercial Air-ground Radiotelephone (may be CMRS depending upon use) (CJ) Commercial Aviation Air-Ground Radiotelephone (800 MHz band) (may be CMRS depending upon use) (YX) SMR, 806821/851-866 MHz, Trunked (see 47 CFR 90.603c and FCC license WPSY267) (CG) General Aviation Air-ground Radiotelephone (may be CMRS depending upon use) (CO) Offshore Radiotelephone (may be CMRS depending upon use) (CY) 1910-1915/1990-1995 MHz Bands, Market Area (may be CMRS depending upon use) (BR) Broadband Radio Service (LD) Local Multipoint Distribution Service (may be CEL, BT, MIC or ISP depending upon actual use)
Facility Manager is the holder of a Communications Use Lease who owns a communications facility on National Forest System lands, rents space in or on their facility to other communications users, but does not own or operate their own communications equipment and they do not directly provide communications services to third parties.
Internet Service Provider utilizes wireless technology to connect subscription users to the internet. The ISP, as a facility owner or as a tenant, is considered an ISP for rent determination purposes. A subscriber of an ISP who has a communications facility on public lands to receive and transmit an ISP signal would be considered a PMRS use for rental determination purposes. ISP technology may be licensed or unlicensed, integrated with a cellular provider or independent. It provides mobile wireless access to the internet and data transmission directly to devices with integrated technology (e.g., personal computer, laptop, tablet, personal digital assistants (PDA) or other devices capable of streaming data) and/or devices with plug in technology (e.g., USB modem, Mobile Hotspot).
FCC Radio Service Codes:
(CF) Common Carrier Fixed Point to Point Microwave (CE) Digital Electronic Message Service – Common Carrier (PE) Digital Electronic Message Service – Private (MM) Millimeter Wave 70/80/90 GHz Service (YK) Industrial/Business Pool – Commercial, Trunked (LD) Local Multipoint Distribution Service (may be CEL, BT, MIC or ISP depending upon actual use) (NN) 3690 – 3700 MHz Nation-wide Operation (MG) Microwave Industrial/Business Pool Any other microwave band, licensed or unlicensed, used to provide internet access.
Microwave means communication uses that (1) provide long-line intrastate and interstate public telephone (including relay of cellular traffic from other cellular sites), television, and data transmissions (common carrier microwave), or (2) support the primary business of pipeline and power companies, railroads, and land resource management companies by providing the companies’ internal communication system (business/industrial).
FCC Radio Service Codes:
(MW) Microwave Public Safety Pool (MG) Microwave Industrial/Business Pool (TZ) 24 GHz Service (NN) 3650-3700 MHz (nationwide, non-exclusive license) (TN) 39 Ghz, Auctioned (AI) Aural Intercity Relay (AB) Aural Microwave Booster (AS) Aural Studio Transmitter Link (CF) Common Carrier Fixed Point to Point Microwave (CE) Digital Electronic Message Service - Common Carrier (PE) Digital Electronic Message Service - Private (CT) Local Television Transmission (WA) Microwave Aviation (WR) Microwave Radiolocation (DV) Multichannel Video Distribution AND Data Service (MS) Multiple Address Service, Auctioned (TI) TV Intercity Relay (TB) TV Microwave Booster (TP) TV Pickup (TS) TV Studio Transmitter Link
Private Mobile Radio Service means uses supporting private mobile radio systems primarily for a single entity for mobile internal communications. PMRS is not sold and is exclusively limited to the user in support of business, community activities, or other organizational communication needs. Examples of PMRS include private local radio dispatch, private paging services, and ancillary microwave communications equipment for controlling mobile facilities.
FCC Radio Service Codes:
(BC) 1670-1675 MHz Band, Market Area (GS) Private Carrier Paging, 929-930 MHz (PMRS when owned and utilized internally only; CMRS when sold to others) (AF) Aeronautical and fixed (PMRS when owned and utilized internally only; CMRS when sold to others) (ZA) General Mobile Radio Service (ZV) 218-219 MHz Service (SP) 700 MHz Public Safety Broadband Nationwide License (GJ) Business and Industrial/Land Transportation (YJ) Business and Industrial/Land Transportation (GB) Business, 806-821/851-866 MHz, Conventional (YB) Business, 806-821/851-866 MHz, Trunked (GU) Business, 896-901/935-940 MHz, Conventional (YU) Business, 896-901/935-940 MHz, Trunked (SG) Conventional Public Safety 700 MHz (IQ) DSRC / Intelligent Transportation Service (IG) Industrial/Business Pool, Conventional (PMRS when owned and utilized internally only; CMRS when sold to others) (YG) Industrial/Business Pool, Trunked (PMRS when owned and utilized internally only; CMRS when sold to others) (QQ) Intelligent Transportation Service (Non-Public Safety) (RS) Land Mobile Radiolocation
(LV) Low Power Wireless Assist Video Devices (QM) Non-Nationwide Public Safety/Mutual Aid, 220 MHz (GO) Other Indust/Land Transp, 806-821/851-866 MHz, Conv.
(GI) Other Indust/Land Transp, 896-901/935-940 MHz, Conv.
(YO) Other Indust/Land Transp. 806-821/851-866 MHz, Trunked (YI) Other Indust/Land Transp. 896-901/935-940 MHz, Trunked (PA) Public Safety 4940-4990 MHz Band (SL) Public Safety 700 MHZ Band-State License (GF) Public Safety Ntl Plan, 821-824/866-869 MHz, Conv.
(YF) Public Safety Ntl Plan, 821-824/866-869 MHz, Trunked (PW) Public Safety Pool, Conventional (YW) Public Safety Pool, Trunked (GP) Public Safety/Spec Emerg, 806-821/851-866 MHz, Conv.
(YP) Public Safety/Spec Emerg, 806-821/851-866 MHz, Trunked (GE) Public Safety/Special Emergency and Public Safety, National (YE) Public Safety/Special Emergency and Public Safety, National (SY) Trunked Public Safety 700 MHz (LP) Broadcast Auxiliary Low Power (ancillary to LP broadcast) (RP) Broadcast Auxiliary Remote Pickup (ancillary to broadcast) (AR) Aviation Radio-navigation (SB) Ship Compulsory Equipped example WCP7936 (SA) Ship Recreational or Voluntarily Equipped (SE) Ship Exemption (WX) 700 MHz Guard Band (PMRS when owned and utilized for internal operations) (PC) Public Coastal Auctioned (PMRS when utilized for internal communications)
Description of Communications Use Types Priority 2
Cable Television means a use that transmits video programming to multiple subscribers in a community over a wired or wireless network. These systems normally operate as a commercial entity within an authorized franchise area. This category does not include rebroadcast devices, personal or internal antenna systems, such as private systems serving hotels or residences. Microwave facilities which are solely used in conjunction with cable television systems are included in this category.
FCC Radio Service Codes:
(CS) International Fixed Satellite
Commercial Mobile Radio Service means commercial mobile radio uses that provide mobile radio communications services to individual customers. Examples of CMRS include community repeaters, trunked radio (specialized mobile radio), two-way radio dispatch, public switched network (telephone/data) interconnect service, microwave communications link equipment (monitoring devices), and other two-way voice and paging services.
FCC Radio Service Codes:
(QA) 220-222 MHz Band, Auctioned (AF) Aeronautical and Fixed (CMRS when sold to others; PMRS when owned and utilized internally only) (RP) Broadcast Auxiliary Remote Pickup (stand-alone use in support of a commercial broadcast station) (GM) 800 MHz Conventional SMR (SMR, Site-specific) (YM) 800 MHz Trunked SMR (SMR, Site-specific) (GL) 900 MHz Conventional SMR (SMR, Site-Specific) (YL) 900 MHz Trunked SMR (SMR, Site-Specific)
(LN) 902-928 MHz Location Narrowband (Non-multilateration) (LW) 902-928 MHz Location Wideband (Grandfathered AVM) (IG) Industrial/Business Pool – Conventional (CMRS when sold to others; PMRS when owned and used internally only) (IK) Industrial/Business Pool - Commercial, Conventional (YK) Industrial/Business Pool - Commercial, Trunked (LS) Location and Monitoring Service, Multilateration (LMS) (NC) Nationwide Commercial 5 Channel, 220 MHz (QT) Non-Nationwide 5 Channel Trunked, 220 MHz (QD) Non-Nationwide Data, 220 MHz (QO) Non-Nationwide Other, 220 MHz (YC) SMR, 806-821/851-866 MHz, Auctioned (YH) SMR, 806-821/851-866 MHz, Auctioned (Rebanded YC license) (GX) SMR, 806-821/851-866 MHz, Conventional (YX) SMR, 806-821/851-866 MHz, Trunked (YD) SMR, 896-901/935-940 MHz, Auctioned (GR) SMR, 896-901/935-940 MHz, Conventional (YS) SMR, 896-901/935-940 MHz, Trunked (GC) 929-931 MHz Band, Auctioned (CD) Paging and Radiotelephone (CZ) Part 22 931 MHZ Paging (CP) Part 22 VHF/UHF Paging (excluding 931MHz) (CR) Rural Radiotelephone (CY) Mobile/Fixed Broadband 1910-1915/1990-1995 MHz Bands, Market Area (YG) Industrial/Business Pool, Trunked (CMRS when sold to others; PMRS when used internally) (GS) Private Carrier Paging, 929-930 MHz (CMRS when sold to others; PMRS when used internally) (YU) Business, 896-901/935-940 MHz, Trunked (PC) Public Coastal Auctioned
Local Exchange Network means a radio service that provides basic telephone service, primarily to rural communities.
FCC Radio Service Codes:
(CB) BETRS
Other Communications Uses means private communications uses such as amateur radio; personal/private receive-only antennas designed for the reception of electronic signals to serve private homes; natural resource and environmental monitoring equipment used by weather stations, seismic stations, snow measurement courses;
and other small, low-power devices used to monitor or control remote activities.
Federal agencies utilize the category of navigational equipment for electronic signaling for aviation or marine navigation. For example the FAA, U.S. Navy, and U.S. Air Force utilize several technologies such as VORTAC and other air traffic control systems.
Passive Reflector includes various types of non-powered reflector devices used to bend/ricochet electronic signals between active relay stations or between an active relay station and a terminal. A passive reflector commonly serves a microwave communications system. The reflector requires point-to-point line-of-sight with the connecting relay stations, but does not require electric power.
End of SOW
Federal Acquisition Regulation (FAR) and United States Department of Agriculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions.
Acceptance of the order in accordance with (IAW) FAR 12.201-l(b)(2) constitutes acceptance of all terms and conditions contained herein.
As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
52.212-4 Terms and Conditions-Commercial Products and Commercial Services (Nov 2025) D Alternate I (Nov 2025) of 52.212-4
52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
(Jan 2017) 52.222-50 Combating Trafficking in Persons (Nov 2025)
D Alternate I (Nov 2025) of 52.222-50 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest After Award (Sep 2025) 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025) 52.240-91 Security Prohibitions and Exclusions (Nov 2025)
52.244-6 D Alternate I (Nov 2025) of 52.240-91 Subcontracts for Commercial Products and Commercial Services (Nov 2025)
The following clauses are applicable if checked
[x ] 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I (Nov 2021) of 52.203-6
[ x] 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) [x ] 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 [ x] 52.204-13 System for Award Management-Maintenance (Nov 2025) [x ] 52.204-91 Contractor identification (Nov 2025) [x ] 52.209-6 Protecting the Government's Interest When Subcontracting with https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) [x ] 52.209-9 Updates of Publicly Available Information Regarding Responsibility
Matters (Sep 2025) [ ] 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025)
□ 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov
2025) [ ] 52.219-6 Notice of Total Small Business Aside (Nov 2025)
D Alternate I (Mar 2020).
[x ] 52.219-8 Utilization of Small Business Concerns (Nov 2025) [ ] 52.219-9 Small Business Subcontracting Plan (Nov 2025)
□ Alternate III (Nov 2025) of 52.219-9.
D Alternate IV (Nov 2025) of 52.219-9 I[
[ ] 52.219-14 Limitations on Subcontracting (Nov 2025) [ ] 52.219-16 Liquidated Damages-Subcontracting Plan (Nov 2025) [ [ [ ] 52.219-33 Nonmanufacturer Rule (Nov 2025) [ ]52.222-3 Convict Labor (June 2003) [ ] 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Nov 2025) [ ] 52.222-35 Equal Opportunity for Veterans (Nov 2025)
D Alternate I (Jul 2014) of 52.222-35 [ ] 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025)
□ Alternate I (Jul 2014) of 52.222-36 [ ] 52.222-37 Employment Reports on Veterans (Nov 2025) [ ] 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2019) [x ] 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 I Monetary Wage -- Fringe Benefits
I
I
I
[ ] 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) [ ] 52.222-51 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) x ] 52.222-54 Employment Eligibility Verification (Nov 2025) [ ] 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) [x ] 52.222-90 Addressing DEI Discrimination by Federal Contractors (Apr 2026) [ ] 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (Nov
2025) [ ] 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items
(May 2008)
□ Alternate I (May 2008) of 52.223-9
[ ] 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Nov 2025)
[ ] 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Nov 2025)
□ 52.223-23 Sustainable Products and Services (Nov 2025) [ ]52.224-3 Privacy Training (Jan 2017)
□ Alternate I (Jan 2017) of 52.224-3 [ ]52.225-1 Buy American-Supplies (Nov 2025)
D Alternate I (Oct 2022) of 52.225-1 [ ]52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025)
D Alternate II (Nov 2025) of 52.225-3.
D Alternate III (Nov 2025) of 52.225-3.
D Alternate IV (Oct 2022) of 52.225-3
[ ] 52.225-5 Trade Agreements (Nov 2023) [ ] 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States (May 2020)
C o n t r a c t o r s
Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025) [ ] 52.229-12 Tax on Certain Foreign Procurements [ ] 52.232-29 Terms for Financing of Purchases of Commercial Products and
Commercial Services (Nov 2021) [ ] 52.232-30 Installment Payments for Commercial Products and
Commercial Services (Nov 2021) [x ] 52.232-33 Payment by Electronic Funds Transfer- System for Award Management (Oct 2018)
□ 52.232-34 Payment by Electronic Funds Transfer-Other Than System for Award
Management (Jul 2013)
[ ]52.232-36 Payment by Third Party (Nov 2025) [ ]52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) [ ] 52.237-3 Continuity of Services (Jan 1991) [x ] 52.240-92 Security Requirements (Nov 2025) [ ] 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025) [ ] 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025)
□ Alternate I (Apr 2023) of 52.247-64.
D Alternate II (Nov 2021) of 52.247-64
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)
AGAR 452.203-72 Unenforceable Supplier Terms
(a) Definitions.
Supplier terms mean provisions customarily drafted by vendors of supplies or services and intended to create a binding legal obligation on the end user. The term applies:
(1) Regardless of the format or style of the document. For example, supplier terms may appear in standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order or otherwise become effective after the contract date.
(2) Regardless of the media or delivery mechanism used. For example, supplier terms may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.
(b) Applicability. When any supply or service acquired under this contract is subject to supplier terms, the supplier terms are deemed part of the contract only to the extent they are consistent with this clause. Supplier terms that conflict with any part of this clause, the contract, or Federal law are void and will not be considered incorporated into a contract, even if they are physically present in a contract documentation or systems. In the event of any inconsistency between supplier terms and this contract, this clause and the terms of the Government contract shall govern and supersede any supplier terms in all cases.
(c) Authorization Required. Notwithstanding any other provision, no supplier terms shall be binding on the Government unless the term is expressly authorized on the USDA Supplier Terms Authorization Form signed by the Contracting Officer, and the completed Authorization Form has been incorporated into the contract.
(d) Unenforceable Terms. Any supplier terms that impose obligations or…
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