12363N26Q4198.pdf
PDF 524 KB Posted
- Solicitation number
- 12363N26Q4198
- Issued by
-
Department of Agriculture Forest Service
About this file
Summary
This is a Request for Quote (RFQ) for a Land Management Integrated Resources Blanket Purchase Agreement (BPA) call order issued by the U.S. Department of Agriculture Forest Service. The solicitation is set aside for small businesses and seeks Environmental Compliance Coordinator services for the Nantahala and Pisgah National Forests in Western North Carolina. The contract requires coordination and development of monitoring reports, guides, and research integration related to Hurricane Helene impacts and compliance with the 2023 Land Management Plan. The base period runs from the award date through October 1, 2027, with optional continuation through Fiscal Year 2031. Work is primarily remote with periodic travel to National Forest offices across Western North Carolina for field surveys (estimated seasonal travel March through October) and monthly coordination meetings, averaging 60–80 hours per week.
The RFQ includes three mandatory base tasks valued at one task each: development of pre-Helene monitoring baseline information and a biennial monitoring report; coordination of monitoring efforts across Forest Service partners; and summarization of Hurricane Helene research applicable to forest plan monitoring. Optional items extending through FY 2031 involve continuation of post-Helene monitoring guides, adaptive management frameworks, and coordination activities. Quotes are due by August 4, 2026, at 1400 PT, with questions due July 24, 2026 COB. Evaluation will follow a best-value approach using a two-step process: Step 1 assesses technical approach, availability, and relevant past performance (rated as Outstanding, Satisfactory, Marginal, or Unacceptable); Step 2 evaluates cost/price. Key personnel must demonstrate at least 10 years of experience in landscape-scale ecological analyses, Forest Service planning tools, 2012 Planning Rule compliance, interdisciplinary team environments, monitoring report development, and the Natural Resource Manager system. The Contracting Officer is Breanne Parker, with Contracting Officer's Representatives Lauren Onofrio and Jamie Arjona.
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Other files
| File | Type | Posted |
|---|---|---|
| WD_2015-4369 Rev.30 5.13.2026.pdf | ||
| WD_2015-4417 Rev.31 5.13.2026.pdf | ||
| WD_2015-5901 Rev. 4 5.13.2026.pdf |
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Text version
Land Management Integrated Resources BPA Call
Revised 04/27/2026 Page 1 of 14
Issue Date: 07/16/2026 Due Date/Time:08/04/2026, 1400 (PT), Questions Due Date 7/24/2026 COB
Contractor:
BPA No.
12363N2__A4_____ Project Name
Nantahala and Pisgah National Forests
Monitoring Contract
BPA RFQ or
Call No.
12363N26Q4198 Location:
Remote with travel across Western North
Carolina National Forest offices
Set-Aside Small Business_X__ Unrestricted_____
This will only be sent out to the current BPA Award Holders as of Issue Date.
Contractor: Confirm business size by NAICS code below: Small___ Large___ Initial:______
NAICS Code Exception if Applicable:
Award
Information
__X____This is a single award call order. Contractor must provide pricing for all items listed under Box 20.
______This is a multi-award call order. Contractor needs to only provide pricing for all items listed under the specific award(s) they are interested in.
Contractor:
UEI:
Email:
Issuing and Billing Office:
NPO Disaster Recovery Contracting Branch Attn: Bre Parker, CO Breanne.parker@usda.gov 541-805-4611
19.
ITEM
NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
NAICS
Code (per Scope of Work)
21.
ESTIMATED
QUANTITY
22.
UNIT OF
MEASURE
23.
UNIT PRICE
24.
AMOUNT
Base Items
Environmental Compliance Coordination (NEPA
Scope) - Monitoring Reports, Guides, and/or summary information. 541620 1 Task $ $
Environmental Compliance Coordination (NEPA
Scope) - Coordination of Monitoring Efforts in the
Forest Service and across partners 541620 1 Task $ $
Environmental Compliance Coordination (NEPA
Scope) - Coordination and integration of Monitoring and Research 541620 1 Task $ $
Optional Items-Estimated FY 2028
1a
Year 2 (FY 2028)- Post-Helene Monitoring Guide and
Adaptive Management Framework. Including associated monitoring specialist reports
541620
1 Task $ $
2a
Year 2 (FY 2028)- Continuation of Coordination of
Monitoring Efforts in the Forest Service and across partners
541620
1 Task $ $
3a
Year 2 (FY 2028)- Continuation of Coordination and integration of Monitoring and Research 541620
1 Task $ $
Optional Items-Estimated FY 2029
1b
Year 3 (FY 2029)- Continuation of Post-Helene
Monitoring Guide and Adaptive Management
Framework. Including associated monitoring specialist reports
541620
1 Task $ $
2b
Year 3 (FY 2029)- Continuation of Coordination of
Monitoring Efforts in the Forest Service and across partners
541620
1 Task $ $
3b
Year 3 (FY 2029)- Continuation of Coordination and integration of Monitoring and Research 541620
1 Task $ $
Optional Items-Estimated FY 2030
1c
Year 4 (FY 2030)- Continuation of Post-Helene
Monitoring Guide and Adaptive Management
Framework. Including associated monitoring specialist
541620
1 Task $ $
Revised 04/27/2026 Page 2 of 14 reports
2c
Year 4 (FY 2030)- Continuation of Coordination of
Monitoring Efforts in the Forest Service and across partners
541620
1 Task $ $
3c
Year 4 (FY 2030)- Continuation of Coordination and integration of Monitoring and Research 541620
1 Task $ $
Optional Items-Estimated FY 2031
1d
Year 5 (FY 2031)- Continuation of Post-Helene
Monitoring Guide and Adaptive Management
Framework. Including associated monitoring specialist reports
541620
1 Task $ $
2d
Year 5 (FY 2031)- Continuation of Coordination of
Monitoring Efforts in the Forest Service and across partners
541620
1 Task $ $
3d
Year 5 (FY 2031)- Continuation of Coordination and integration of Monitoring and Research 541620
1 Task $ $
Remarks: All clauses and provisions in the base BPA award are applicable to call orders, however clauses and/or provisions in BPA Call Orders take precedence. See Attachments for additional terms and conditions. The Period of Performance for this Call Order is from the Date of Award through 10/01/2027. If optional items are exercised, the period of performance will be extended at that time. Specific item due dates or deliverable due dates are mandatory, not arbitrary, and must be met accordingly, regardless of the final period of performance date. Optional Items will be exercised through contract modification if there is a need for continuation of services at the end of the initial period of performance.
Total Price Mandatory Items
1-3:
Total Price Optional 1a-3a:
Total Price Optional 1b-3b:
Total Price Optional 1c-3c:
Total Price Optional 1d-3d:
Contractor: (Name, Signature, and Date)
Date:
Requested By: Michelle Aldridge, Planning Staff Officer, National Forests in North Carolina
COR: Lauren Onofrio and Jamie Arjona, National Forests in North Carolina
Ordered By: (Name and Signature)
Breanne Parker
Contracting Officer
Revised 04/27/2026 Page 3 of 14
1. DESCRIPTION/STATEMENT OF WORK
BACKGROUND
The Nantahala and Pisgah National Forests revised their Forest Plan in 2023. It is one of the first in the country to implement the new Forest Service 2012 Planning Rule. Shortly after finalizing the Forest Plan, Hurricane Helene made landfall and severely impacted National Forest System Land. Contracting support is needed to monitor the impacts of Hurricane Helene and complete required forest wide monitoring reports, develop and execute a monitoring implementation guide, and support the forest as needed in coordinating monitoring work among a diverse network of Forest Service partners and integrating with
Forest Service researchers.
STATEMENT OF WORK
The Forest Service’s National Forests in North Carolina seeks to enter into a contract with a company to hire Environmental Compliance Coordinator(s) (NEPA Scope) – for the following three main services:
1. Development of monitoring reports, guides, or summary information for the Nantahala and Pisgah
National Forests. These products will address requirements within the 2023 Land Management Plan and 2012 Planning Rule.
2. Coordination of all monitoring work on the Nantahala and Pisgah National Forests.
Including monitoring work by Forest Service partners and staff.
3. Coordination and integration with Forest Service researchers studying the impacts of Hurricane Helene on forest land.
2. SPECIFICATIONS:
Task
Item
Deliverable Specification
Format Approximate
Due Date
Task 1 Pre-Helene Monitoring
Baseline Information
Gathering
Contractor shall compile all relevant monitoring information available from 2018 to 2024 and update the environmental baseline pre-storm conditions for the 2023 Pisgah
Nantahala Land Management Plan.
MS Word and
Natural Resource
Management
System
January 2027
Task 1 Biennial Monitoring
Report Draft
Contractor shall complete a draft
Biennial Monitoring Report that fulfills monitoring requirements stated in the 2023
Pisgah Nantahala Land Management
Plan.
Contractor shall send draft report to
USFS monitoring team for review and edits.
MS Word and
PDF. Other formats as needed.
March 2027
Revised 04/27/2026 Page 4 of 14
Contractor shall incorporate all feedback and input from USFS staff and revise draft according to feedback
Task 1 Final Biennial
Monitoring Report
Contractor shall complete final
Biennial Monitoring Report that fulfills monitoring requirements stated in the 2023
Pisgah Nantahala Land Management
Plan.
MS Word and
PDF. Other formats as needed.
August 2027
Tasks 1a through
1d
Option Years: Post-
Helene Monitoring
Guide and Adaptive
Management
Framework. Including associated monitoring specialist reports
Contractor shall coordinate and implement a plan for post-Helene monitoring.
Contractor shall coordinate with NFsNC staff, USFS Research and Development, and an established network of state agencies and nongovernmental organizations to collect, synthesize and document post-storm conditions based on compiled assessments from those stakeholders.
Contractor shall develop an adaptive management strategy for continued forest plan monitoring. The adaptive management framework should encompass monitoring information gathered from FS identified partners and agencies.
MS Word and
PDF. Other formats as needed.
FY28 through
FY 31
Task 2 Internal and External
Monitoring Summary
Guide
Contractor shall serve as the
Monitoring Coordinator for FS partners.
Contractor shall write a report that summarizes all ongoing monitoring
MS Word and
PDF. Other formats as needed.
End of FY27
Revised 04/27/2026 Page 5 of 14 efforts across NFsNC.
Contractor shall include recommendations for fostering better collaboration and deconflicting overlap.
Task 3 Summary report of
Helene Research applicable to Forest
Plan Monitoring
Requirements
Contractor shall summarize and organize research that the Forest
Service Southern Research Station is doing related to Hurricane Helene impacts.
MS Word and
PDF. Other formats as needed.
End of FY27
Task 1, 2, and 3
Project Management.
Meeting Coordination and Facilitation
Submit a plan of work for each task that establishes a project schedule, roles/responsibilities, and a communications plan for regular coordination meetings with diverse stakeholders.
Establish regular coordination check-in meetings with USFS staff and external monitoring partners.
As requested by the Forest Service, complete writer/editor/facilitation needs for monitoring reports, monitoring guides, monitoring strategies, monitoring protocols, coordination of all ongoing monitoring work, summarizing and utilizing research for monitoring, data collection procedures, etc. as related to national policies, law and regulations and Forest Service needs.
MS Word and
PDF. Other formats as needed.
End of FY27
Tasks 2a through
2d and
Tasks 3a through
Option Years:
Continuation of Tasks 2 and 3 for up to four additional fiscal years.
See descriptions above. MS Word and
PDF. Other formats as needed.
FY 28 through
FY31
Revised 04/27/2026 Page 6 of 14
3d
Applicable Directives
The Contractor shall perform the specific tasks in compliance with the requirements of the following applicable directives:
Statutes
National Forest Management Act of October 22, 1976 (https://www.fs.fed.us
/emc/nfma/includes/NFMA1976.pdf)
Endangered Species Act of December 28, 1973
(http://laws.fws.gov/lawsdigest/esact.html)
Clean Water Act [Federal Water Pollution Control Act]
(https://www.epa.gov/cwa-404/clean-water-laws-regulations-and-executive-orders-related-section-404)
Regulations
Interagency Cooperation, Endangered Species Act of 1973, as Amended
(https://ecfr.federalregister.gov/current/title-50/chapter-IV/subchapter-
A/part-402)
50 CFR Part 402
Code of Federal Regulations – Parks, Forests, and Public Property
(https://ecfr.federalregister.gov/current/title-36/chapter-II/part-219)
36 CFR Part 219
Forest Service Directives
Forest Service
Handbook (https://www.fs.fed.us/im/directives/dughtml/fsh_1.html)
FSH 1900 (Planning)
FSH 2509.16 (Water)
FSH 2509.18 (Soils)
FSH 2509.22 (Regional Issuances)
FSH 2309.12 (Heritage)
Forest Service
Manual (https://www.fs.fed.us/im/directives/dughtml/fsm.html)
FSM 2300, Chapter 2320
(Wilderness Management)
Additional regulations, amendments, and policy may become effective during the contract period and will be expected to be in compliance.
2.1 Key Personnel and Required Qualifications or Certifications
Extensive (at least 10 years) experience in:
• Landscape scale guidance and ecological sustainability analyses.
• Experience in application of FS planning tools.
• Meeting the requirements of the 2012 Planning Rule
• Working in an interdisciplinary team environment with Forest Service and external partners.
• Developing and writing monitoring reports and guides
• Expertise with Forest service monitoring requirements and developing monitoring metrics
• Use and application of the 2023 Nantahala Pisgah Land Management Plan
• Experience in application of FS planning tools such as the Ecological Sustainability Evaluation tool and Spectrum timber modeling
• Experience using the Forest Service Natural Resource Manager (NRM) system.
• Previous experience writing Land Management Plans, Environmental Impact Statements for Land
Management Plans, specialist reports, and monitoring reports in compliance with Land
Management Plan monitoring questions.
https://www.fs.fed.us/emc/nfma/includes/NFMA1976.pdf) https://www.fs.fed.us/emc/nfma/includes/NFMA1976.pdf) http://laws.fws.gov/lawsdigest/esact.html) https://www.epa.gov/cwa-404/clean-water-laws-regulations-https://ecfr.federalregister.gov/current/title-https://ecfr.federalregister.gov/current/title-https://www.fs.fed.us/im/directives/dughtml/fsh_1.html) https://www.fs.fed.us/im/directives/dughtml/fsm.html) https://www.fs.usda.gov/sites/nfs/files/r08/northcarolina/publication/NantPisgahPlan%20--%20Final%20Revised%20Plan.pdf
Revised 04/27/2026 Page 7 of 14
2.2 Government Property FAR 52.245-1 GOVERNMENT PROPERTY (SEP 2021)
Government issued laptop(s) with Geographic Information System software capabilities and lincpass credentials. Not expected, but if contract employees are required to utilize any Government vehicle (cars, trucks, etc.) either as a driver or passenger must be required to sign a "Hold Harmless" release. This includes Government-procured rental vehicles. The Contractor must use or rent their own vehicles whenever possible and practical. Signed releases are due to the CO one day before the use of a government vehicle. Government vehicles are for official use only.
3. PROJECT LOCATION AND DESCRIPTION
Travel will be required for field survey efforts necessary for generating monitoring specialist reports. Travel for field survey will be seasonal (limited to early spring through fall). The contractor will be required to cover field mobilization costs and transporation costs. For items not related to field survey, travel will only be required on a limited basis. Travel would consist of attending select in person meetings in offices across the Nanthala and
Pisgah National Forets. It is estimated that travel for meetings would occur no more than once a month and no less than once a quarter. Contractor is required to supply vehicles. The government estimates completion of work to average 60-80 hours per week, but may vary for each task throughout the period of performance.
4. INSPECTION AND ACCEPTANCE:
4.1 FAR 52.246-4: INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)
a. Definition. “Services”, as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
b. The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
c. The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
d. If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the
Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
e. If any of the services do not conform with contract requirements, the Government may require the
Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—
1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and
2) Reduce the contract price to reflect the reduced value of the services performed.
f. If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—
1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the
Government that is directly related to the performance of such service; or
2) Terminate the contract for default.
4.2 CONTRACTOR INSPECTION PROCEDURES
(A) General Instructions
Revised 04/27/2026 Page 8 of 14
1) The Contractor shall conduct inspections of task draft and final products and record the results using procedures described herein. Inspections shall be maintained concurrent with contract work. Completed inspection forms shall be made available to the Government within 24 hours of completion of each task draft and final product and will remain part of the permanent contract file.
2) By submission of inspection forms to the Government, the Contractor is considered to be certifying that the unit is satisfactorily completed and that the inspection forms reflect the work accomplished.
3) The Contractor shall submit legible inspection forms. Illegible and incomplete forms shall be returned to the Contractor for correction and re-submission.
4) In the event the Contractor falsifies inspection results, as determined by the Contracting Officer, the
Government may declare the Contractor to be in default of the contract. Additionally, the Government may refer such falsifications to the US Attorney’s Office for possible prosecution pursuant to 18 U.S.C. 1001
(Falsification of Government Documents) or 18 U.S.C. 287 (Fraud).
4.3 GOVERNMENT INSPECTION PROCEDURES – COMPLIANCE INSPECTION:
(A) The COR, or a designated inspector, will conduct compliance inspections while work is in progress, usually weekly at first, to assure that work is proceeding satisfactorily. Compliance inspections will be accomplished by 100 percent visual inspection of each task draft and final product and will be based on adherence to the required specifications.
Work will be accepted on the basis of visual inspection for compliance with specifications on areas reported as completed by the Contractor.
5. COMMENCEMENT PROSECUTION, AND COMPLETION OF WORK
The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the
Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than October 1, 2027.
6. POST AWARD CONFERENCE
A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held in a hybid manner – virtually and/or at the Superviors
Office of the National Forests in North Carolina (Asheville, NC).
7. EVALUATION CRITERIA: Best Value
Offerors must send a technical proposal explaining: How they intend to complete this contract as far as time frame, personnel, quality assurance, and deliverables as well as explaining experience in
Environmental Compliance and National Environmental Policy Act work.
Quotes will be evaluated in two steps:
STEP 1) Technical Criteria. The technical proposals will be evaluated and ranked according to the following criteria. Technical ratings will be as follows: Outstanding, Satisfactory, Marginal, Unacceptable. Ratings of ‘Marginal’ or ‘Unacceptable’ will not be evaluated further. Technical Criteria includes Technical Approach and Availability and Relevant Past Performance.
1. Technical Approach and Availability
a. Technical approach is a measure of the degree to which the Offeror presents their understanding of the requirements and the challenges of this project as well as their ability
Revised 04/27/2026 Page 9 of 14 to mitigate those challenges and complete the project as specified. The technical proposal shall address the following information:
i. Work Plan: The staffing and equipment available to perform this work during the contract period. What is your work plan to accomplish the requirements of this contract?
ii. Quality Control: Describe who is responsible for Quality Control and how you intend to inspect and ensure work is performed within the acceptability threshold.
iii. Experienced and Qualified Personnel- Please describe how your personnel meet the requirements in section 2.1, Key Personnel and Required Qualifications or
Certifications
2. Relevant Past Performance
Provide a list of all related environmental compliance and/or NEPA contracts completed or begun during the past 10 years. Include the following information for each contract:
• Name of contract
• Contract number
• Total contract value
• Completion date, or stage of completion if still in progress
• Project owner's name, email address, and telephone number
• Specific type of work, project location, size, etc.
• Whether the project was completed within the contract timeframe
• What the contract quality was, and if there was any work that received less than full pay or any penalties and the extent of rework conducted.
The Government will consider the relevance of past performance information obtained in relation to the scope of this procurement with respect to both similar efforts, and the length, scope, number, complexity, and diversity of contracts completed by the firm. Past performance, either positive or negative, which is considered by the Government to be more closely related to the scope of this effort will be given additional weight in the evaluation process.
Government evaluators may avail themselves of various federal, state, and local past performance databases. The Government may research offeror performance on any federal, state, local, and commercial contract performance of the offeror that is known to the Government, but not included on the submitted performance information. Additionally, the personal experience and evaluator knowledge of offeror performance may be utilized.
STEP 2) Cost/Price Evaluation Criterion
1. The degree of importance of the price will increase with the degree of equality of the proposals in relation to the other factors on which selection is to be based, or when the price is so significantly high as to diminish the value of the technical superiority to the Government.
2. The Government may award a contract on the basis of initial offers received, without discussions.
Therefore, each initial offer should contain the offeror’s best terms from a cost or price and technical standpoint. However, if considered necessary by the Contracting Officer, discussions will be conducted with only those offerors determined to have a reasonable chance for award.
Revised 04/27/2026 Page 10 of 14
3. The Government reserves the right to make an award to other than the lowest-priced offeror or to the offeror with the highest non-price evaluation if the Contracting Officer determines that to do so would result in the greatest value to the Government.
8. CONTRACTING OFFICER’S REPRESENTATIVE:
Name: Lauren Onofrio
Address: 160 Zillicoa Street Asheville NC 28804
Email Address: lauren.onofrio@usda.gov
Telephone: 828-203-3689
Name: Jamie Arjona
Email Address: jamie.arjona@usda.gov
Telephone: 828-553-5341
9. LIST OF ATTACHMENTS
The following attachments are made a part of this solicitation and any resultant contract.
Title Pages
Wage Determinations
WD_2015-4369 Rev. 30 5.13.2026
WD_2015-4417 Rev. 31 5.13.2026
WD_2015-5901 Rev. 4 5.13.2026
FAR Class Deviations and Updates (at end of this document) 2
Notice for Filing Agency Protests (at end of this document) 2
FAR Overhaul | FAR Companion Guide 1
Revised 04/27/2026 Page 11 of 14
March 2025 Class Deviation
This Call Order incorporates two FAR class deviations to ensure compliance with Executive Orders
14148, 14173, 14168, and 14208, issued since January 20, 2025. It also removes references to AGAR clauses and provisions that have been rescinded. These updates reflect recent policy changes and remove outdated requirements, as detailed below.
The following FAR provisions and clauses are hereby removed in their entirety from the LMIR BPA:
• 52.222-21 Prohibition of Segregated Facilities
• 52.222-26 Equal Opportunity
• 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026/1
1/This provision was removed to comply with the Executive Order 14236 titled "Additional Rescissions of Harmful Executive Orders and Actions," dated March 14, 2025.
The following FAR clauses now include deviations to align with recent Executive Orders:
• 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services
(MAY 2024) (DEVIATION FEB 2025)
• 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—
Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)
• 52.223-1 Biobased Product Certification (MAY 2024) (DEVIATION FEB 2025)
• 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024)
(DEVIATION FEB 2025)
Ther following references to AGAR Clauses and provisions are hereby removed to comply with AGAR
Rule 2024-22463 (89 FR 81014):
• AGAR 452.211-74 Period of Performance (FEB 1988)/2
• AGAR 452.215-73 Post Award Conference (NOV 1996) /2
• AGAR 452.219-70 Size Standard and NAICS Code Information (SEP 2001) /2
• AGAR 452.236-72 Use of Premises (NOV 1996) /2
• AGAR 452.236-77 Emergency Response (NOV 1996)
• AGAR 452.236-78 Fire Suppression and Liability (MAY 2014)
• AGAR 452.237-74 Key Personnel (FEB 1988) /2
2/AGAR clauses and provisions that were included in full text have been retained, with only the AGAR reference removed.
The following AGAR clauses is hereby included:
• AGAR 452.236-70 Emergency Response, Fire Suppression and Liability (NOV 2024)
The following FAR and AGAR clauses have been added, effective April 2026:
• FAR 52.222-90, Addressing DEI Discrimination by Federal Contractors (APR 2026).
• AGAR Clause 452.203-72 Unenforceable Supplier Terms (APR 2026)
All call orders will incorporate these changes by reference at award.
Disclaimer: System updates may lag policy updates. The System for Award Management (SAM) may
Revised 04/27/2026 Page 12 of 14 continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of
52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services.
Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
In advancement of Section 2 of Executive Order 14208, the removal of requirements related to Executive
Order 14057 eliminates all non-statutory sustainability requirements or preferences in purchases of food service wares, including paper straws. In addition to removing requirements related to Executive Order
14057, the attachment also reflects recent updates to Code of Federal Regulation citations for the U.S.
Department of Agriculture’s BioPreferred® Program, a statutory purchasing preference program.
These class deviations will remain in effect until rescinded or incorporated into the FAR.
Revised 04/27/2026 Page 13 of 14
As prescribed in AGAR 433.104-4 (a)(5)(ii), the following Notice for Filing Agency Protests shall be included in every solicitation.
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.
Page last modified on October 15, 2025 mailto:SPE.inquiry@usda.gov
Revised 04/27/2026 Page 14 of 14
FAR Overhaul | FAR Companion Guide
Oct 30, 2025
The Federal Acquisition Regulatory Council has released an update to the FAR Companion as part of the ongoing Revolutionary FAR Overhaul (RFO) Initiative, in accordance with Executive Order
14275 and OMB Memorandum M-25-26.
The following RFO update was posted on October 30, 2025:
• FAR Companion, Version 2.0, includes the initial release of FAR Companion (FC) parts 2, 3, 7, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 27, 30, 32, 37, 41, 42, 44, 45, 47, 48, 52, and 53.
• Version 2.0 also includes updates to previously released content: update to FC 8.104 pertaining to
“required use” contracts and providing more information and resources on Category Management, including beta version content of the Category Management Buying Guide; update to FC 8.401 pertaining to evaluation factors; updates to FC 8.401(b) and FC 12.301 removing references to debriefings; new annotation under FC 8.401(b) related to sole source justification content for FSS orders; new annotation under FC 12.001 related to contracting methods for commercial construction; update to FC 11.204 to clarify brand name or equal as distinct from brand name justifications under FAR 6.104; updates to thresholds referenced due to the October 1, 2025 inflation adjustment rule; various citation corrections throughout; and changed “Reserved” to “No additional guidance” when the FAR Companion does not provide any practice recommendations for that associated FAR part.
• FAR Companion, Version 2 is posted on www.acquisition.gov/far-overhaul.
To view the FAR Companion, Version 2.0. inclusive of all parts and updates, visit: https://www.acquisition.gov/sites/default/files/page_file_uploads/far-companion.pdf
To view all available rewritten FAR Parts and agency deviations, visit: https://www.acquisition.gov/far-overhaul/far-part-deviation-guide.
Stay informed. View the latest FAR Overhaul news and announcements at: https://www.acquisition.gov/far-overhaul.
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