12363N27Q4006_Seven Cabins EDRR Invasives.pdf

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WASHINGTON DC 20250-1138

MS-1138

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USDA-FS STEWARDSHIP CONTRACTING BR

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X

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115310

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% FOR:SET ASIDE:UNRESTRICTED OR363N

REQUEST FOR

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INVITATION

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10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

11/30/2026 1000 MT

10/29/2026

573-453-8424JAMES KAMINSKI

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INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12363N27Q4006

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER

1178469OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

ALAMAGORDO NM 88310

3463 LAS PALOMAS RD

LINCOLN NATIONAL FOREST

USDA FOREST SERVICE

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WASHINGTON DC 20250-1138

MS-1138

1400 INDEPENDENCE AVE SW

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HUBZONE SMALL

BUSINESS

8(A)

USDA-FS STEWARDSHIP CONTRACTING BR

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.

Solicitation is Restricted to the Land Management Integrated Resources (LMIR) BPA.

ALL QUOTES SHALL BE EMAILED TO:

CHAD.BULLOCK@USDA.GOV; JAMES.KAMINSKI@USDA.GOV:

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Since all documents will be submitted to me electronically. Follow this naming convention for your attachments and keep the subject line the same or just reply all to this email.

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CHAD A.T. BULLOCK

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24.

AMOUNT

23.

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22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

27Q4006-LMIRBPA-VendorName-Quote AND

27Q4006-LMIRBPA-VendorName-Technical.

Be sure to fill out all required documentation.

Required to be filled in below:

Company Name:___________________________________

POC Name:_______________________________________

Phone number:___________________________________

Email:__________________________________________

BPA/IDIQ/MATOC Contract #_______________________

UEI SAM #______________________________________

Contractual POC: Chad A.T. Bullock Contracting

Officer, chad.bullock@usda.gov 385-368-5300

Contractual Technical: James Kaminski APSO, james.kaminski@usda.gov 573-453-8424

Delivery: 10/28/2027

Period of Performance: 01/04/2027 to 10/28/2027

0001 The objective of suppression repair post-fire weed detection is to determine if and where the ground disturbing activities associated with fire suppression have promoted the introduction and expansion of weed infestations and to eradicate

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

(A) (B) (C) (D) (E) (F)

12363N27Q4006 these infestations. Early detection dramatically increases the likelihood of successful treatment.

Opportunistic treatment of new, small localized weed treatments will eradicate new infestations before they have a chance to become large and will dramatically increase the effectiveness of subsequent weed treatments.

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice

Processing Platform (IPP), https://www.ipp.gov.

If the contractor lacks an IPP account, USDA will automatically initiate the enrollment process with Treasury using the contractor's SAM.gov

Accounts Receivable POC as the IPP account holder. Once the enrollment process is complete, the IPP account holder will receive notification and can being invoicing. More information about

IPP can be found at: https://www.ipp.gov

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

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Issue Date:

Due Date/Time:

Contractor:

BPA No. 12363N2__A4_____ Project Name Seven Cabins EDRR Invasives

BPA RFQ or Call No. 12363N27Q4006 Location Capitan, NM- Smokey Bear Ranger District, Lincoln National Forest

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:

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

1 Early Detection Surveys 115310 389 AC $ $

2 Rapid response treatments (5% of survey acres) 115310 20 AC $ $

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 10/28/2027. 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.

Total Price:

Contractor: (Name, Signature, and Date)

Date:

Requested By: (Name and Signature)

COR: Benjamin (Adam) McCullough Ordered By: (Name and Signature)

Contracting Officer Chad A.T. Bullock

October 29,2026 November 30,2026

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1. DESCRIPTION/STATEMENT OF WORK

Scope of Work

Background Forest Service policy mandates the Forest to minimize the establishment of non-native invasive species to prevent short and long-term degradation of burned areas. The combination of denuded soil and disturbance creates conditions highly favorable to invasion by weeds. Invasive weeds hinder the recovery of habitat, especially in arid ecosystems, by aggressive colonization.

Non-native invasive weeds degrade the value of native plant communities for wildlife habitat and watershed function. Once established, non-native species can persist and spread, permanently altering habitat function and ecosystem stability.

Many non-native plants are found in New Mexico wildlands (see Appendix A). Invasive weed detection surveys are necessary for the first year following the Seven Cabins Fire to determine the fire suppression impacts on the introduction of new weed populations. Furthermore, monitoring for at least one-year post-fire is necessary due to the highly variable timing and precipitation in Southern New Mexico and the sporadic establishment of invasive species.

Suppression Disturbance Concerns Fire fighting vehicles and equipment are common vectors that spread non-native invasive weeds. Crews and equipment working on the fire were brought in from other areas and it is likely that some of these crews came from areas with non-native invasive species. Invasive weed seeds may have been introduced to roadsides, dozer lines, trails, and hand lines within the fire response area. Suppression disturbance occurred on 12 miles of dozer lines, 5 miles of fuel breaks, and 23 miles of hand lines (hand lines, mixed construction lines, plow lines).

Early Detection and Rapid Response (EDRR) Survey Objectives The objective of suppression repair post-fire weed detection is to determine if and where the ground disturbing activities associated with fire suppression have promoted the introduction and expansion of weed infestations and to eradicate these infestations. Early detection dramatically increases the likelihood of successful treatment. Opportunistic treatment of new, small localized weed treatments will eradicate new infestations before they have a chance to become large and will dramatically increase the effectiveness of subsequent weed treatments.

Description of Tasks EDRR of invasive species post-Seven Cabins Fire on the Smokey Bear Ranger District, Lincoln National Forest include the following:

1. Early detection surveys will follow National Forest Service guidance and include documentation and mapping.

2. Rapid response treatments i.e. hand pulling/herbicide application of new small, localized weed occurrences to moderate sized infestations (see Table 2. Infestation Size Classification below) can be initiated at the time of survey (see pesticide workflow #2 under specifications below). Larger infestations will require subsequent treatment visits following early detection surveys (outside the scope of this contract).

a. Hand pulling (manual) removal of weeds is permitted.

i. Pulled to root depth, placed in sealed plastic bags, and properly disposed.

b. Mechanical removal of weeds is not permitted.

c. Herbicide treatment is allowed for new small, localized weed occurrences.

i. Individual polygons will be created by species

1. Not more than one herbicide to be used per polygon

2. Prior to treatment, GIS data (shapefile, geodatabase) and pesticide use proposal (Appendix

E) will be submitted and reviewed by the Forest Botanist or pesticide use coordinator.

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3. Herbicides shall only be used in accordance with the Lincoln National Forest Integrated Non-Native Invasive Plant Management Project EIS.

4. Contractor is responsible for providing all necessary equipment and herbicide.

3. Timing: surveys and treatment for warm season species that establish with monsoon rains should be surveyed once in the spring (March-May) and once prior to or during early monsoons (June-July).

4. Frequency: A minimum of two surveys in each identified area will be performed in these time periods, with potential for a third visit if necessary to complete treatment or to detect/treat response to a late season precipitation event.

5. Survey locations include:

6. Completion: All Early Detection and Rapid Response surveys, inventories, treatments, and respective data reporting, must be completed by October 28, 2027.

7. Reporting requirements for invasive species survey, inventory, and treatment activities will follow National Forest

Service standards, and include:

a) Record survey areas for both negative and positive inspection results

b) Map perimeters of infestations

c) Establish photo points (Record GPS location, photos in the four cardinal directions)

d) Complete Weed Occurrence Form to document inventory of infestation for each positive detection

(Appendix C, minimum required fields in bold)

e) Complete Weed Monitoring and Treatment Form to document each treatment application (Appendix D)

f) Complete Pesticide Use Proposal (PUP) to document each treatment application (Appendix E, instructions in Appendix F)

2. SPECIFICATIONS:

1. EDRR survey parameters:

a. Record survey areas by GIS polygon using any GPS device that can export as (GPX, shapefile, or geodatabase)

i. Line and point data (layers) are not supported.

b. Documentation of weed infestations (refer to section 7 Reporting Requirements above)

i. Species, population size, invasive potential, submitted as Weed Occurrence Form (Appendix C).

2. Workflow for pesticide use:

a. Create a treatment polygon using any GPS device that can export as (GPX, shapefile, or geodatabase)

i. Line and point data (layers) are not supported.

b. Complete Pesticide Use Proposal (PUP) to document the specific details of each treatment application

(herbicide, application rate, mixture volume and concentrations etc. see Appendix E)

c. Submit Pesticide Use Proposal (PUP) and Weed Occurrence Form to forest botanist or pesticide use coordinator to review for compliance with the Lincoln National Forest NNIP EIS.

d. Treat infestations according to Pesticide Use Proposal (PUP).

e. Monitor effectiveness of treatments using monitoring section on weed monitoring and treatment form

Appendix D.

3. Infestation Size Classification:

Table 1. Survey locations Type of suppression/repair Miles Acres

Dozer Line 11.8 43.49 Fuel Break 4.7 17.32 Hand Line 8.9 32.80 Mixed Construction Line 14.0 51.60 Road as Line 52.3 192.77 Acres within burn scar (outside of wilderness) — 51.00 Total Acres 389.00

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To ensure consistency in survey documentation, treatment decisions, and reporting, invasive plant occurrences shall be classified according to the following infestation size categories:

Table 2. Infestation Size Classification Table Category Criteria Description Treatment Expectations

Small, Localized Occurrence

• Less than 0.01 acres (approx.

400 sq ft), or fewer than 25 individual plants.

• Occurs as one discrete, easily delineated polygon.

• Newly established population.

• Minimal spread with uniform age class.

• No evidence of multi-year establishment.

• Hand pulling or single-species spot herbicide application permitted.

• Plant material shall be bagged and disposed of properly.

Moderate Infestation

• 0.01–0.1 acres or 25–250 plants.

• May include multiple small patches within one polygon.

• Established but limited spread.

• May require more than one treatment visit.

• Combination of hand pulling and selective herbicide treatment.

• Follow-up monitoring required.

Large Infestation

• Greater than 0.1 acres or more than 250 plants.

• Contiguous or multi-polygon spread.

• Long-term or well-established population.

• Multiple age classes present.

• Larger-scale herbicide treatment as allowed under the Lincoln National Forest Integrated Non-Native Invasive Plant Management Project EIS.

• Multi-visit and multi-season monitoring required.

2.1 Key Personnel and Required Qualifications or Certifications

New Mexico pesticide applicator license and/or operator license required for all personnel handling herbicides.

2.2 Government Property FAR 52.245-1 GOVERNMENT PROPERTY (SEP 2021)

If applicable.

3. PROJECT LOCATION AND DESCRIPTION

This project is located north of Capitan NM, in the Capitan mountains.

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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

12363N27Q4006 Seven Cabins EDRR Invasives Page 8 of 27 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.

3)

4.2 CONTRACTOR INSPECTION PROCEDURES

(A) General Instructions

1) The Contractor shall conduct inspections of i.e., treatment units and record the results using procedures described herein (use the “treatment effectiveness section of the Weed Monitoring and Treatment Form in Appendix D). 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 i.e., treatment unit 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 to assure that work is proceeding satisfactorily. Compliance inspections will be accomplished by visual inspection of each treatment unit and inspection for completeness of the following deliverables:

Contractor must provide:

• GIS polygons for all surveyed areas—no lines or points allowed.

• Documentation and mapping of weed infestations, including species and population details.

• Records of negative detections (areas where no weeds were found).

• Photo points for each positive infestation (GPS location + 4 cardinal direction photos).

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• Completed Weed Occurrence Forms for each positive detection.

(B) The Contractor shall notify the COR when units are completed prior to his moving out of the general area.

Compliance inspections will be conducted within three (3) business days of completion of treatment units and the Contractor notified of any part of the unit(s) requiring additional work or rework.

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 10/28/2027.

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 at Smokey Bear Ranger District, 901 Mechem Dr, Ruidoso, NM 88345.

7. EVALUATION CRITERIA:

Contractor must send a technical capability statement briefly explaining:

How they intend to complete this contract as far as time frame, personnel, and deliverables as well as explaining experience in survey work. Include relevant past performance information.

How they intend to complete this contract as far as time frame, personnel, and deliverables as well as explaining experience post fire Burned Area Emergency Response or Early Detection Rapid Response for Non-native invasive species identification and treatment.

Please include:

1. Equipment and contractor capability

2. Timing of when contractor can begin and/or finish the project

3. Past performance, references, and USFS feedback

4. Technical proposal /proposed approach to project

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.

Quotes will be evaluated in two steps:

• Step 1: Quotes will be reviewed initially under a Pass/Fail evaluation to determine if the Technical Capability meets requirements of the call order. Quotes must be signed. Those that do not meet the requirements will be marked unresponsive. Acceptable quotes will then be evaluated under Step 2.

• Step 2: Lowest Price with an acceptable quote will receive the award

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8. CONTRACTING OFFICER’S REPRESENTATIVE:

Name: Benjamin Adam McCullough Address: 3463 Las Palomas Rd, Alamogordo, NM 88310

Telephone: 575-214-1367

9. LIST OF ATTACHMENTS

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

Title Pages Appendix A – Target Non-Native Invasive Species (NNIP) (pg. 14) 2 Appendix B – Unit Map (pg. 16) 1 Appendix C – LNF Weed Occurrence Form (pg.17) 1 Appendix D – LNF Weed Monitoring and Treatment Form (pg.18) 1 Appendix E – Pesticide-Use Proposal (pg. 19) 3 Appendix F – Pesticide Use Proposal Instructions (pg. 22) 4 Lincoln National Forest Integrated Non-Native Invasive Plant Management Project EIS https://www.fs.usda.gov/r03/lincoln/projects/31150

Wage Determination WD 2015-5455 Rev. 32 8.22.2026 7 FAR Class Deviations and Updates (pg. 9) 2 Notice for Filing Agency Protests (pg. 11) 2 FAR Overhaul | FAR Companion Guide (pg. 12) 1

12363N27Q4006 Seven Cabins EDRR Invasives Page 11 of 27 https://www.fs.usda.gov/r03/lincoln/projects/31150

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)

The following AGAR provisions and clauses have been added, effective August 2026, and apply as follows:

• 452.237-70 Employment Certification Requirements for H-2B and Migrant/Seasonal Agricultural Workers (Aug 2026) for manual forestry or agricultural work including, but not limited to, tree planting, brush cleaning, pre-commercial tree thinning, noxious weed spraying in connection with the growing of crops/trees, and forest firefighting.

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• 452.237-71 Qualifications of Contractor Employees (Aug 2026) where contractor employees will have access to Government facilities and sensitive information, including proprietary data and/or resources.

• 452.237-72 Key Personnel – Qualification Verification, Contractor Responsibility, and Substitutions (Aug 2026) where successful performance is dependent on the expertise of specific key personnel.

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 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.

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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

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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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Appendix A – Target Non-Native Invasive Species (NNIP) SPECIES Common Family Division

Conium maculatum L. poison hemlock Apiaceae Dicot

Acroptilon repens (L.) DC. hardheads Asteraceae Dicot

Carduus nutans L. nodding plumeless thistle

Asteraceae Dicot

Centaurea diffusa Lam. diffuse knapweed Asteraceae Dicot

Centaurea stoebe L. ssp. micranthos (Gugler) Hayek spotted knapweed Asteraceae Dicot

Cirsium arvense (L.) Scop. Canada thistle Asteraceae Dicot

Cirsium vulgare (Savi) Ten. bull thistle Asteraceae Dicot

Onopordum acanthium L. Scotch cottonthistle Asteraceae Dicot

Xanthium spinosum L. spiny cocklebur Asteraceae Dicot

Nasturtium officinale W.T. Aiton watercress Brassicaceae Dicot

Bassia scoparia (L.) A.J. Scott burningbush Chenopodiaceae Dicot

Salsola collina Pall. slender Russian thistle Chenopodiaceae Dicot

Salsola tragus L. prickly Russian thistle Chenopodiaceae Dicot

Hypericum perforatum L. common St. Johnswort Clusiaceae Dicot

Convolvulus arvensis L. field bindweed Convolvulaceae Dicot

Dipsacus fullonum L. Fuller's teasel Dipsacaceae Dicot

Marrubium vulgare L. horehound Lamiaceae Dicot

Rubus armeniacus Focke Himalayan blackberry Rosaceae Dicot

Rubus bifrons Vest ex Tratt. Himalayan berry Rosaceae Dicot

Linaria vulgaris Mill. butter and eggs Scrophulariaceae Dicot

Verbascum thapsus L. common mullein Scrophulariaceae Dicot

Tamarix chinensis Lour. five-stamen tamarisk Tamaricaceae Dicot

Tamarix gallica L. french tamarisk Tamaricaceae Dicot

Tamarix parviflora DC. smallflower tamarisk Tamaricaceae Dicot

Tamarix ramosissima Ledeb. saltcedar Tamaricaceae Dicot

Ulmus pumila L. Siberian elm Ulmaceae Dicot

Peganum harmala L. African rue Zygophyllaceae Dicot

Tribulus terrestris L. puncturevine Zygophyllaceae Dicot

Bromus tectorum L. cheatgrass Poaceae Monocot

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Eragrostis curvula (Schrad.) Nees weeping lovegrass Poaceae Monocot

Eragrostis lehmanniana Nees Lehmann lovegrass Poaceae Monocot

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Appendix B – Map

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Appendix C – LNF Weed Occurrence Form USDA Forest Service

Weed Occurrence Form

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Appendix D – LNF Weed Monitoring and Treatment Form

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Appendix E – Pesticide-Use Proposal

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Appendix F – Pesticide Use Proposal Instructions

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