Attachment 1 - Solicitation Terms and Conditions LPTA Service.doc

Attachment 1 - Solicitation Terms and Conditions Solicitation Number:

Truck Repair

1232SA26Q0051

In order to be considered for award OFFERORS SHALL SUBMIT ALL OF THE FOLLOWING:

(a) Submit Firm Fixed Price quotation per Price Schedule on Attachment 3- Statement of Work (quote on company letterhead) detailing the item description, total price and valid for at least 60 days after receipt of quote. Item delivered FOB Destination inclusive of all costs including installation and repair per SOW.

(b) Submit Sam.gov Unique Entity ID (UEI) with quotation.

(c) Submit documentation showing technical capability of vendor and key personnel to perform the service.

(d) Past Performance References- Please see Attachment 4- Past Performance document for what is required.

REJECTION OF QUOTATION: Failure to demonstrate compliance or to submit all items requested in solicitation will be cause to reject the quote without further discussions.

DISCUSSIONS: The Government intends to award without discussions but reserves the right to conduct discussions should it be deemed in the Government's best interest.

(xv) Quotes are due on 1/5/2026 at 2:00 PM PT by email to Elizabeth Calhoun at Elizabeth.Calhoun@usda.gov. You must include the solicitation name and number as the subject line of the email.

(xvi) Elizabeth Calhoun may be reached at Elizabeth.Calhoun@usda.gov for specific questions regarding this combined solicitation. You must include the solicitation name and number as the subject line of the email. Questions by interested parties regarding the requirement must be submitted by 12/23/2025 by 2:00 PM PT.

Statement of Requirement Repair of one silage/grain truck.

See Attachment 3 – Statement of Work for Bid Schedule.

Alternate Parts may be authorized if they are an approved alternate part that satisfies all form, fit, and function requirements of the original parts and conform to the approved configuration and are included in your quote submission and accepted by the Government POC. All parts shall be NEW approved parts.

Technical Data - Technical data and supporting documentation associated with this solicitation are provided as attachments.

1. Solicitation Attachments The following documents are included as attachments to this solicitation and can be accessed via the “Attachments/Links” section of the posting.

· Attachment 2- Wage Determination

· Attachment 3- Statement of Work / Price Schedule

· Attachment 4- Past Performance Delivery Information FOB Destination requested as the F.O.B. point for all deliverables.

All offers will be considered F.O.B. Destination.

Shipping Instructions:

Items shall be shipped to the following address:

USMARC

844 Road 313

Clay Center, NE 68933 Service Information The USDA requires all services to be completed and accepted by March 15, 2026. Early deliveries/service will be accepted.

Place of Performance:

USMARC

844 Road 313

Clay Center, NE 68933

Qualification Requirements The product or services ARE required to meet a qualification requirement to be eligible for award. Qualification requirements may be obtained by reviewing the attached Performance Work Statement or Statement of Work.

Award Type It is anticipated that a Firm Fixed Price (FFP) contract will be awarded as a result of this synopsis/solicitation.

The Government intends to make one award from this solicitation. Therefore, to be considered responsive, contractors must submit pricing for all items.

Evaluation-Commercial Items

The provision at Federal Acquisition Regulation (FAR) 52.212-2 Evaluation of Commercial Items 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 representing the best value to the Government.

Price:

The offeror shall provide pricing as requested in the SOW. Failure to propose pricing for all individual line items may result in a quotation being excluded from further consideration. The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.

Technical Acceptability:

Technical Acceptability will be evaluated to receive an overall rating of "acceptable" or "unacceptable." This will be based on the offeror's ability to provide a sound and compliant approach that meets all requirements and shows a thorough understanding of them. It is the contractor's responsibility to ensure their quotation clearly demonstrates their capability to meet these requirements. All offerors must provide the following minimum information and documentation with their quotations to be considered responsive and have their offers evaluated:

· Detailed explanation of the offeror’s ability to perform the required services. A simple statement of capabilities will not suffice.

· Detailed explanation of any requirement listed in the PWS/SOW that cannot be successfully accomplished by the offeror. Offerors are advised that the USDA intends to award without discussions so any exceptions may cause the quotation to be found technically unacceptable.

· All personnel must at a minimum, demonstrate that the individual meets the educational and experience qualifications needed to perform the work in the PWS/SOW.

Past Performance:

The Government may utilize any references provided by the Contractor, along with information available from past contracts/orders with the USDA and any information found using sources such as Federal Government sources or the Contractor Performance Assessment Reporting System (CPARS) to determine if the Contractor has acceptable or neutral Past Performance. Past Performance will be evaluated using the following rating system:

· Acceptable: The contractor shows a demonstrated ability to meet contract requirements in prior or current contracts, including quality of work, timeliness, cost control, business relations, and adherence to contract terms.

· Neutral: Offeror does not have a past performance record.

· Unacceptable: The contractor has a documented history of failing to meet contract requirements, including poor quality, missed deadlines, cost overruns, lack of responsiveness, or unethical behavior.

Evaluation Method

The Government will evaluate quotations based on the lowest price technically acceptable criteria. Only the lowest priced offer will be evaluated for Technical Acceptability. Should the lowest priced offer not receive an acceptable technical or past performance rating, the process will continue in order of lowest priced offer until the lowest price, technically acceptable offer with acceptable or neutral past performance is identified.

Federal Acquisition Regulation (FAR) and United States Department of Aquiculture Acquisition Regulation (AGAR) Clauses and Provisions

The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions. Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference

Feb 1998

This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2025)

☐ 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) ☐ Alternate I (Nov 2025) of 52.222-50 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)

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)

☐ Alternate I (Nov 2025) of 52.240-91

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

The following clauses are applicable if checked:

☐ 52.203-6

Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I

(Nov 2021) of 52.203-6 ☐ 52.203-13

Contractor Code of Business Ethics and Conduct (Nov 2021) ☐ 52.204-9

Personal Identity Verification of Contractor Personnel Jan 2011

☒ 52.204-13

System for Award Management—Maintenance (Nov 2025)

☐ 52.204-91

Contractor identification (Nov 2025) ☐ 52.209-6

Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) ☐ 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) ☐ Alternate I (Mar 2020).

☐ 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.

☐ Alternate IV (Nov 2025) of 52.219-9

☐ 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) ☐ 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 2010) ☐ 52.222-54

Employment Eligibility Verification (Nov 2025) ☒ 52.222-62

Paid Sick Leave Under Executive Order 13706 (Jan 2022) ☐ 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

☐ 52.224-3

Privacy Training (Jan 2017)

☐ Alternate I (Jan 2017) of 52.224-3 ☒ 52.225-1

Buy American-Supplies (Nov 2025) ☐ Alternate I (Oct 2022) of 52.225-1 ☐ 52.225-3

Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025) ☐ Alternate II (Nov 2025) of 52.225-3.

☐ Alternate III (Nov 2025) of 52.225-3.

☐ 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) ☐ 52.225-26

Contractors Performing Private Security Functions Outside the United States (Oct

2016) ☐ 52.226-4

Notice of Disaster or Emergency Area Set-Aside (Nov 2007)

☐ 52.226-5

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)

☒ 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) ☐ 52.240-92

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.

☐ Alternate II (Nov 2021) of 52.247-64 The Contractor shall comply with the following FAR Clauses for Commercial Services.

☒ 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

☐ 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) Other Applicable Clauses

52.247-34

F.O.B. Destination (Jan 1991) AGAR Clauses AGAR 452.204-70, Modification for Contract Closeout (DEVIATION JUNE 2024)

“Upon contract closeout for contracts utilizing anything other than cost reimbursement:

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

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

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and 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 CO within 120 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.”

(End of clause)

52.252-1 Solicitation Provisions Incorporated by Reference

Feb 1998

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements-Representation (Jan 2017)

52.240-90 Security Prohibitions and Exclusions Representations and Certifications (Nov 2025) 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Nov

2025)

The following provisions are applicable if checked:

☐ 52.203-11

Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions (Sep 2024)

☒ 52.204-7

System for Award Management—Registration (Nov 2025) ☐ Alternate I (Nov 2025) to 52.204-7

☐ 52.204-90

Offeror Identification (Nov 2025) ☐ 52.207-6

Solicitation of Offers from Small Business Concerns and Small Business Teaming

Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024)

☐ 52.209-12

Certification Regarding Tax Matters (Oct 2025)

☐ 52.219-2

Equal Low Bids (Nov 2025) ☐ 52.222-18

Certification Regarding Knowledge of Child Labor for Listed End Products (Feb

2021)

☐ 52.222-48

Exemption from Application of the Service Contract Labor Standards for

Maintenance, Calibration, or Repair of Certain Equipment–Certification (Nov 2025) ☐ 52.222-52

Exemption from Application of the Service Contract Labor Standards for Certain

Services-Certification (Nov 2025) ☐ 52.222-56

Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020)

☐ 52.223-4

Recovered Material Certification (May 2008)

☒ 52.225-2

Buy American Certificate (Oct 2022)

☐ 52.225-4

Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Nov 2025) ☐ 52.225-6

Trade Agreements-Certificate (Feb 2021)

☐ 52.226-3

Disaster or Emergency Area Representation (Nov 2007)

☐ 52.229-11

Tax on Certain Foreign Procurements—Notice and Representation (Jul 2025) Other Applicable FAR Provisions

52.225-18

Place of Manufacture (Aug 2018)

AGAR Provisions 452.211-70 Brand Name or Equal (Sep 2025)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-

(1) Meet the salient physical, functional, or performance characteristics specified in this solicitation;

(2) Clearly identify the item by-

i. Brand name, if any; and

ii. Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make to a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

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.

�When expecting to award a time-and-materials or labor-hour contract or when expecting that orders will include time-and-material line items.

�When the contract will be performed outside the United States and the contracting officer has been notified of specific U.S. directives or notices regarding combating trafficking in persons (such as general orders or military listings of “off-limits” local establishments) that apply to contractor employees at the contract place of performance.

�Insert the clause with its Alternate I in-

(1) Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts; and

(2) Where the program office or the requiring activity instructs the contracting officer to select specific types of FASCSA orders.

�Solicitations and contracts exceeding the simplified acquisition threshold. For the acquisition of commercial products or commercial services, the contracting officer must use the clause with its Alternate I.

�Solicitations and contracts if the value of the contract is expected to exceed $7.5 million and the performance period is 120 days or more.

�Solicitations and contracts when contract performance require contractors to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

�When offerors are required to be registered in SAM.

�When offerors are not required to be registered in SAM.

�Solicitations and contracts where the contract value exceeds $45,000.

�(1) In solicitations where the resultant contract value is expected to exceed $750,000; and

(2) In contracts in which the offeror checked “has” in paragraph (b) of the provision at 52.209-7.

�Each solicitation and contract for the acquisition of products or services (including construction).

�Solicitations for acquisitions conducted using full and open competition.

�Solicitations involving total small business set-asides.

�When including FPI in the competition in accordance with 19.104-1(d).

�Solicitations and contracts when the contract amount is expected to exceed the simplified acquisition threshold unless—

(i) A personal services contract is considered (see 37.104); or

(ii) The contract, together with all of its subcontracts, will be performed entirely outside of the United States and its outlying areas.

�Solicitations and contracts that offer subcontracting possibilities are expected to exceed $900,000 ($2 million for construction of any public facility), and are required to include the clause at 52.219-8, unless the acquisition is set aside or is to be accomplished under the 8(a) program.

�The contract action will not be reported in the Federal Procurement Data System pursuant to part 4.

�The contracting officer must require the contractor to submit a subcontracting plan for the contract if—

(i) A contract modification causes the value of a contract without a subcontracting plan to exceed the subcontracting plan threshold (see 19.109(a)); and

(ii) The contracting officer determines that subcontracting opportunities exist.

�Solicitations and contracts—

(1) For supplies, services, and construction, if any portion of the requirement is to be set aside for small business and the contract amount is expected to exceed the simplified acquisition threshold, and in any solicitations and contracts that are set aside or awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108, regardless of dollar value. This includes multiple-award contracts when orders may be set aside for small business concerns, as described in subpart 8.4 and subpart 16.5. For contracts that are set aside, the contracting officer must indicate in paragraph (f) of the clause whether compliance with the limitations on subcontracting is required at the contract or order level;

(2) Using the HUBZone price evaluation preference (see 19.110). However, if the prospective contractor waived the use of the preference, or is an other than small business, do not insert the clause in the resultant contract.

�In contracts containing the clause at 52.219-9, Small Business Subcontracting Plan, with its Alternate IV.

�Solicitations and contracts, including multiple-award contracts, when orders may be set aside for small business concerns as described in subpart 8.4 and subpart 16.5, when—

(i) the item being acquired has been assigned a manufacturing or supply NAICS code, and—

(ii)

(A) Any portion of the requirement is to be—

(1) Set aside for small business and is expected to exceed the simplified acquisition threshold; or

(2) Set aside or awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108, regardless of dollar value; or

(B) Using the HUBZone price evaluation preference (see 19.110). However, if the prospective contractor waived the use of the price evaluation preference, or is an other than small business, do not insert the clause in the resultant contract.

�In solicitations and contracts above the micro-purchase threshold, when the contract will be performed in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands; unless—

(a) The contract will be subject to 41 U.S.C. chapter 65 (see subpart 22.6 and 22.602), which contains a separate prohibition against the employment of convict labor;

(b) The supplies or services are to be purchased from Federal Prison Industries, Inc. (see subpart 8.6); or

(c) The acquisition involves the purchase, from any State prison, of finished supplies that may be secured in the open market or from existing stocks, as distinguished from supplies requiring special fabrication.

�In all solicitations and contracts for the acquisition of supplies that are expected to exceed the micro-purchase threshold.

�Solicitations and contracts if the expected value is $150,000 or more, except when—

(i) Work is performed outside the United States by employees recruited outside the United States; or

(ii) The Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, has waived, in accordance with 22.1302-3(a) or the head of the agency has waived, in accordance with 22.1302-3(b), all of the terms of the clause.

�If the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, or the head of the agency waives one or more (but not all) of the terms of the clause, use the basic clause with its Alternate I.

�Solicitations and contracts that exceed or are expected to exceed $15,000, except when—

(i) Both the performance of the work and the recruitment of workers will occur outside the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island; or

(ii) The Director of OFCCP or agency head has waived, in accordance with 22.1401-3(a) or (b) all the terms of the clause.

�If the Director of OFCCP or agency head waives one or more (but not all) of the terms of the clause in accordance with 22.1401-3(a) or (b), use the basic clause with its Alternate I.

�Solicitations and contracts containing the clause at 52.222-35, Equal Opportunity for Veterans.

�All solicitations and contracts, including acquisitions for commercial products, commercial services, and commercially available off-the-shelf items, except acquisitions—

(1) Under the simplified acquisition threshold. For indefinite-quantity contracts, include the clause only if the value of orders in any calendar year of the contract is expected to exceed the simplified acquisition threshold;

(2) For work performed exclusively outside the United States; or

(3) Covered (in their entirety) by an exemption granted by the Secretary.

�All solicitations and contracts that exceed $150,000, except those that—

(a) Are only for work that will be performed outside the United States;

(b) Are for a period of performance of less than 120 days; or

(c) Are only for—

(1) Commercially available off-the-shelf items;

(2) Items that would be COTS items, but for minor modifications (as defined at paragraph (3)(ii) of definition of “commercial product” at 2.101;

(3) Items that would be COTS items if they were not bulk cargo; or

(4) Commercial services that are—

(i) Part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications);

(ii) Performed by the COTS provider; and

(iii) Are normally provided for that COTS item.

�Solicitations and contracts that include the clause at 52.222-6, Construction Wage Rate Requirements, or 52.222-41, Service Contract Labor Standards, where work is to be performed, in whole or in part, in the United States (the 50 States and the District of Columbia).

�Solicitations and contracts exceeding $200,000 that are for, or specify the use of, EPA-designated items containing recovered materials. If technical personnel advise that estimates can be verified, use the clause with its Alternate I.

�If technical personnel advise that estimates can be verified, use the clause with its Alternate I.

�Solicitations and contracts that may include products that may contain or be manufactured with ozone-depleting substances.

�Solicitations and contracts that include the maintenance, service, repair, or disposal of refrigeration equipment or air conditioners.

�Solicitations and contracts unless a written justification or exception (see 23.103(b) and 23.105, respectively) covers the entire acquisition.

�Solicitations and contracts when, on behalf of the agency, contractor employees will—

(1) Have access to a system of records;

(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or

(3) Design, develop, maintain, or operate a system of records.

�When an agency specifies that only its agency-provided training is acceptable, use the clause with its Alternate I.

�Solicitations and contracts with a value exceeding the micro-purchase threshold but not exceeding $50,000; and in solicitations and contracts with a value exceeding $50,000, if none of the clauses prescribed in paragraphs (b) and (c) of this section apply, except if—

(A) The solicitation is restricted to domestic end products in accordance with 6.103;

(B) The acquisition is for supplies for use within the United States and an exception to the Buy American statute applies (e.g., public interest, or information technology that is a commercial product), other than individual nonavailability waiver determinations (see 25.103(b)(2)); or

(C) The acquisition is for supplies for use outside the United States.

�The contracting officer must use the clause with its Alternate I to reflect the domestic content threshold that will apply to the entire period of performance, when the senior procurement executive allows for application of an alternate domestic content test for the contract in accordance with 25.101(d).

�In solicitations and contracts if—

(A) The acquisition is for supplies, or for services involving the furnishing of supplies, for use within the United States, and the acquisition value is $50,000 or more, but is less than $174,000;

(B) The acquisition is not for information technology that is a commercial product, using fiscal year 2004 or subsequent fiscal year funds; and

(C) No exception in 25.401 applies. For acquisitions of agencies not subject to the Israeli Trade Act (see 25.406), see agency regulations.

�If the acquisition value is $50,000 or more but is less than $100,000, use the clause with its Alternate II.

�If the acquisition value is $100,000 or more but is less than $102,280, use the clause with its Alternate III.

�Use the clause with its Alternate IV to reflect the domestic content threshold that will apply to the entire period of performance, when the senior procurement executive allows for application of an alternate domestic content test for the contract in accordance with 25.102(d).

�n solicitations and contracts valued at $174,000 or more, if the acquisition is covered by the WTO GPA (see subpart 25.4) and the agency has determined that the restrictions of the Buy American statute are not applicable to U.S.-made end products.

�Solicitations and contracts, other than personal service contracts with individuals, that will require contractor personnel to perform outside the United States—

(a) In a designated operational area during—

(1) Contingency operations;

(2) Humanitarian or peacekeeping operations; or

(3) Other military operations or military exercises, when designated by the combatant commander; or

(b) When supporting a diplomatic or consular mission—

(1) That has been designated by the Department of State as a danger pay post, see �HYPERLINK "https://aoprals.state.gov/"��https://aoprals.state.gov/�; or

(2) That the contracting officer determines is a post at which application of the clause FAR 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States, is appropriate.

�Solicitations and contracts for performance outside the United States in an area of—

(1) Combat operations, as designated by the Secretary of Defense; or

(2) Other significant military operations, as designated by the Secretary of Defense and only upon agreement of the Secretary of Defense and the Secretary of State.

�In solicitations and contracts involving local area set-asides.

�Solicitations and contracts involving local area set-asides.

�Solicitations that contain the provision at 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation; and

(2) Resulting contracts for which the contractor indicated it was a foreign person in solicitation provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation.

�When the contract will provide for contract financing.

�In solicitations and contracts in lieu of constructing a specific clause in accordance with paragraphs (b) through (e) of this section, if the contract action qualifies under the criteria at 32.202-1(b) and installment payments for the item are either customary or are authorized in accordance with agency procedures.

�Solicitations and contracts that include the provision at 52.204-7, System for Award Management, or an agency clause that requires a contractor to be registered in SAM and maintain registration until final payment, unless—

(i) Payment will be made through a third party arrangement (see 13.301 and paragraph (d) of this section); or

(ii) An exception listed in 32.1103(a) through (i) applies.

�If the head of the agency has authorized, in accordance with 32.1106, to use a nondomestic EFT mechanism, insert in solicitations and contracts a clause substantially the same as 52.232-33 or 52.232-34 that clearly addresses the nondomestic EFT mechanism.

�If payment under a written contract will be made by a charge to a Government account with a third party such as a Governmentwide commercial purchase card, insert the clause at 52.232-36, Payment by Third Party, in solicitations and contracts.

�Solicitations and contracts when the contract may require access to classified information.

�Solicitations and contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or moving through its information system.

�Solicitations and contracts that may involve ocean transportation of supplies subject to the Cargo Preference Act of 1954.

�If a statute or agency procedures require transportation of the supplies furnished under the contracts exclusively in privately owned U.S.-flag commercial vessels (see 47.502(b) and 47.503(b)), use the clause with its Alternate I.

�Except for contracts or agreements for ocean transportation services or construction contracts, use the clause with its Alternate II if any of the supplies to be transported are commercial products that are shipped in direct support of U.S. military—

(i) Contingency operations;

(ii) Exercises; or

(iii) Forces deployed in connection with United Nations or North Atlantic Treaty Organization humanitarian or peacekeeping operations.

�In solicitations and contracts (except as provided in paragraph (b)(2) of this subsection) if the contract is subject to the Service Contract Labor Standards statute and is—

(i) Over $2,500; or

(ii) For an indefinite dollar amount and the contracting officer does not know in advance that the contract amount will be $2,500 or less.

(2) The contracting officer must not insert the clause at 52.222-41 (or any of the associated Service Contract Labor Standards statute clauses as prescribed in this subsection for possible use when 52.222-41 applies) in the resultant contract if—

(i) The solicitation includes the provision at—

(A) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification; or

(B) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification; and

(ii) The contracting officer has made the determination, in accordance with paragraphs (e)(3) or (f)(3) of subsection 22.1002-1, that the Service Contract Labor Standards statute does not apply to the contract. (In such case, insert the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements, or 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements, in the contract, in accordance with the prescription at paragraph (e)(2)(ii) or (e)(4)(ii) of this subsection).

�Solicitations and contracts if the contract amount is expected to be over $2,500 and the Service Contract Labor Standards statute is applicable.

�In solicitations and contracts if the contract is expected to be a fixed-price, time-and-materials, or labor-hour service contract containing the clause at 52.222-41, Service Contract Labor Standards, and is a multiple year contract or is a contract with options to renew which exceeds the simplified acquisition threshold.

�In solicitations and contracts if the contract is expected to be a fixed-price, time-and-materials, or labor-hour service contract containing the clause at 52.222-41, Service Contract Labor Standards, exceeds the simplified acquisition threshold, and is not a multiple year contract or is not a contract with options to renew.

�In solicitations that include the provision at 52.222-48; and

(ii) In resulting contracts in which the contracting officer has determined, in accordance with 22.1002-1(e)(3), that the Service Contract Labor Standards statute does not apply.

�In solicitations that include the provision at 52.222-52; and

(ii) In resulting contracts in which the contracting officer has determined, in accordance with 22.1002-1(e)(3), that the Service Contract Labor Standards statute does not apply.

�When the delivery term is f.o.b. destination.

�Solicitations expected to exceed $200,000.

�When offerors are required to be registered in SAM.

�Use the provision with its Alternate I for acquisitions described at 4.203-1(b)(4);

�When offerors are not required to be registered in SAM.

�Solicitations for multiple-award contracts above the substantial bundling threshold of the agency.

�For agencies receiving funds subject to section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and similar provisions in subsequent appropriations acts, insert the provision at 52.209-12, Certification Regarding Tax Matters, in solicitations where the resultant contract value (including options) might exceed $5.5 million.

�Solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to, service-disabled veteran-owned small business concerns under 19.106-2 and 19.106-3.

�All solicitations that are expected to exceed the micro-purchase threshold and are for the acquisition of end products (regardless of country of origin) of a type identified by country of origin on the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor.

�In solicitations that—

(i) Include the clause at 52.222-41, Service Contract Labor Standards; and

(ii) The contract may be exempt from the Service Contract Labor Standards statute in accordance with 22.1002-1(e).

�In solicitations that—

(A) Include the clause at 52.222-41, Service Contract Labor Standards, and

(B) The contract may be exempt from the Service Contract Labor Standards statute in accordance with 22.1002-1(f).

�In solicitations if—

(1) It is possible that at least $550,000 of the value of the contract may be performed outside the United States; and

(2) The acquisition is not entirely for commercially available off-the-shelf items.

�Solicitations that require the delivery or specify the use of EPA-designated items.

�Solicitations containing the clause at 52.225-1.

�Solicitations containing the clause at 52.225-3.

�Solicitations containing the clause at 52.225-5.

�In solicitations involving local area set-asides.

�In solicitations, including solicitations using part 12 procedures for acquiring commercial products and commercial services, except for—

(1) Acquisitions using simplified acquisition procedures that do not exceed the simplified acquisition threshold;

(2) Emergency acquisitions using the emergency acquisition flexibilities defined in part 18;

(3) Acquisitions using the unusual and compelling urgency authority in part 6;

(4) Contracts with a single individual for personal services that will not exceed the simplified acquisition threshold on an annual calendar year basis for all years of the contract; and

(5) Acquisitions the requiring activity identifies as requirements for certain foreign humanitarian assistance contracts that are payments made by U.S. Government agencies under a contract with a foreign contracting party to obtain goods or services described in or authorized under 7 U.S.C. 1691, et seq., 22 U.S.C. 2151, et seq., 22 U.S.C 2601 et seq., 22 U.S.C. 5801 et seq., 22 U.S.C. 5401 et seq., 10 U.S.C. 402, 10 U.S.C. 404, 10 U.S.C. 407, 10 U.S.C. 2557, and 10 U.S.C. 2561.

�In solicitations that are predominantly for the acquisition of manufactured end products, (i.e., the estimated value of the manufactured end products exceeds the estimated value of other items to be acquired as a result of the solicitation).

�When brand name or equal purchase descriptions are included in a solicitation