1240BE26Q0008 Solicitation.pdf

(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with FAR Part 12 - Aqcuisition of Commercial Products and Commercial Services. This announcement constitutes the only solicitation. Quotes are being requested and a separate written solicitation will not be issued.

Solicitation number 1240BE26Q0008 is issued as a Request for Quotation (RFQ).

Project: Umpqua National Forest, North Zone FY 26 Winter Tree Planting

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

The NAICS code is 115310 – Support Activities for Forestry and the Small Business Size Standard is $11.5 million. This acquisition is a Total Small Business Set-aside. All responsible sources may submit a quotation which shall be considered by the Agency.

(ii) Schedule of Items/Price Schedule. See Attachment #1. A single award will be made from this solicitation. Submit pricing for all items.

Line Item 0005, Conditional: Seedlings planted either at higher densities than scheduled within existing contract units, and/or, within adjacent-to-existing units meeting the same scope of work as Item # 0001, Areas A or C (See Attachment 11 – Maps). Final quantity to be determined post seedling “lift-and-pack”, typically after award. Ability to include or exclude conditional units is at the sole discretion of the government, inclusion of items to be agreed upon in writing by the Contracting Officer and the Contractor. If no seedlings remain, this item will not be utilized.

Unit price is per seedling planted. Total quantity of seedlings is estimated and may vary due to availability. A change in the quantity of seedlings available may affect total acres, trees per acre planted, and total price. Due to unknown areas of unplantable ground, the contractor, COR, and CO may agree to reduce the required quantity of seedlings for individual pay units.

(iii) Description of requirement: This contract requires tree planting by hand and related work in compliance with its terms, specifications, and provisions. This includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals.

(iv) Attachments List: The following attachments are made as part of this solicitation and any resultant contract. The schedule of items will be used only as a reference document. The contract line items will be the primary ordering means.

GOVERNMENT STANDARDS/STATE STANDARDS/TECHNICAL EXHIBITS

Pages

Attachment Attachment 1: Schedule of Items Attachment 2: Detailed Schedule of Work, by Line Item/Unit Attachment 3: Statement of Work Attachment 4: Figure 1: Planting Inspection Instructions Attachment 5: Figure 2: Planting Inspection Sheet Attachment 6: Root Orientation Attachment 7: Exhibits A, B, and C Attachment 8: Planting the Bareroot Tree Attachment 9: Wage Determination 1977-0079 Rev 81 Dated 12/3/2025 Attachment 10: 2a: Fire Protection and Suppression Forms, R6-FS-6300-52 & R6- FS-6300-54 (Forest Service) 2b: Fire Protection Requirements (BLM) http://www.acquisition.gov/

Attachment 11: Vicinity, Area, and Unit Maps 31

(v) Date(s) and place(s) for delivery and acceptance:

Location: The project area is located within the Umpqua National Forest, North Umpqua Ranger District, Oregon.

Period of Performance: Estimated start date for all items: January 20, 2025 Project time: 33 days Complete no later than February 26, 2026

(vi) The following FAR solicitation provisions apply to this acquisition:

FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION NOV 2025)

(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—

(1) The solicitation number;

(2) The name, address, telephone number of the Offeror;

(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;

(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;

(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(c) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of provision)

Addenda to provision FAR 52.212-1:

For simplified acquisitions, the word quote or quoter is substituted in provision FAR 52.212-1 for the word offer or offeror.

Addenda to Provision FAR 52.212-1 paragraph (a) Submission of Offers:

1. Licensing: US Forest Service Region 6 requires the Contractor have the necessary licensing and certificates for Labor Intensive Service Contract (LISC) work. Offerors shall submit copies of their US Dept. of Labor MSPA Certificate of Registration, their Oregon BOLI license, and Temporary Employment Certificate if using H2B workers (if applicable), along with their quote to be considered for award, including the same documentation for their Subcontractor.

2. Address questions about this solicitation to paula.winningham@usda.gov no later than three days prior to Quote due date.

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

4. Quotes submitted in response to this solicitation shall include pricing using the Schedule of Items (Complete Attachment 1). Acknowledge any amendments to this solicitation by following the instructions that accompany the amendment(s). Document shall sent in Adobe PDF format.

5. Quoters shall submit a written response to this solicitation Non-Price Evaluation Criteria, based on Factors 1

– 3, below. Document shall be sent in Adobe PDF format.

FACTORS DESCRIBED:

FACTOR 1 – PAST PERFORMANCE The Past Performance evaluation will be accomplished by reviewing aspects of an Offeror's recent and relevant Past Performance, as it directly relates to the services being procured under this solicitation, winter tree planting on the Umpqua National Forest, and as defined in Addendum to FAR 52.212-2 Evaluation – Commercial Products and Commercial Services.

(A) Past Performance information described herein is required on the offeror and all subcontractors, teaming partners, and/or joint venture partners proposed to perform on the proposed effort.

(B) Relevant Past Performance. The offeror shall include documentation regarding their relevant past performance as it directly relates to the services being procured under this solicitation. The offeror SHALL NOT go back any farther than 3 years for the submitted data. The past performance data shall document a successful history of past contract performance. Past Performance seeks to affirm an Offeror’s ability to conform to contract requirements, timeliness, quality of workmanship, business practices such as cost and schedule control, and customer satisfaction.

(C) In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the offeror’s Past Performance submission and information obtained from other sources, such as the Past Performance Information Retrieval System (PPIRS) or similar systems, The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov, and commercial sources.

Offerors are reminded that both independent data and data provided by offerors in their offers may be used by the Government to evaluate offeror past performance. However, the burden of providing thorough, complete, and current past performance information as requested in this paragraph remains with the offerors.

The overall past performance evaluation is a subjective decision based on the whole of all data received. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

(D) Submission Requirements. The offeror shall provide documentation outlining the offeror’s past performance on contracts, as a prime or subcontractor, of the same or similar in nature, size, and complexity to the services being procured under this solicitation. For each past performance project listed, provide the associated contract number, project title, total contract value, period of performance, location, your contract role (indicate prime or subcontractor), and a contact (reference) name and phone number, and email address.

FACTOR 2 – EXPERIENCE Experience reflects the Offeror’s technical understanding and capabilities, and the relevance of work or activities that are similar in nature, size, complexity, scope, and the geographical conditions of the Umpqua National Forest.

(A) Experience is required for the offeror and all subcontractors, teaming partners, and/or joint venture partners proposed to perform on the proposed effort.

(B) Submission Requirements. The offeror shall provide documentation outlining the offeror’s experience in timber tree planting projects of the same or similar in nature, size, and complexity to the services being procured under this solicitation. Provide examples of relevant projects and activities that adequately reflect your experience.

FACTOR 3 – QUALITY CONTROL Monitoring Quality. In general terms, describe the method, or combination of methods to be utilized to monitor quality for all work required in the Statement of Work. (See Page 3 of Statement of Work for description of a Quality Control Plan). Further explain how this method(s) ensures Quality Performance.

Name who will perform Quality Control and Inspection, and their experience.

FACTOR 4 - WORK PLAN AND CREW MANAGEMENT The offeror shall provide a work plan and schedule to ensure timely performance. Crew management, crew size, and safety measures are relevant factors to ensure successful performance and compliance.

FACTOR 5 – PRICE is approximately equal in importance to factors listed above; however, cost may control award. Pricing provided on Schedule of Items, Attachment 1.

(End of Provision)

8. Submit offer by email to paula.winningham@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain two separate attachments (Response to Evaluation Criteria, Schedule of Items for pricing) in an Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email.

It is the Quoter’s responsibility to confirm receipt of the offer from CO Paula Winningham.

mailto:paula.winningham@usda.gov

FAR 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.

(DEVIATION NOV 2025)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible

Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

1) FACTOR I – PAST PERFORMANCE. The Past Performance evaluation will assess the relative risks associated with an offeror’s likelihood of success in performing the solicitation’s requirements as indicated by that offeror’s record of past performance. Performance risk is assessed at the factor level after evaluating aspects of the offeror’s recent past performance and focusing on performance that is relevant to the services and/or products being procured under this solicitation. Past performance areas of evaluation include quality, timeliness, business practices, and customer satisfaction.

A. Recency Assessment. An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past 3 years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

B. Relevancy Assessment. An assessment of the past performance information will be made to determine if it is relevant. To be relevant, tree planting services must be the same or similar in nature, size, magnitude, complexity, and scope, and within or comparable to geographical conditions of the Umpqua National Forest per this solicitation. Past performance information that fails this condition will not be evaluated.

1. Assigning Ratings. The Past Performance Factor will be assigned one of the ratings defined below.

An award will not be made to any offeror who receives an “Unacceptable” past performance rating.

2. Offerors without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, will not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

2) FACTOR 2 – EXPERIENCE Offeror’s technical understanding and capabilities, and the relevance of work or activities that are similar in nature, size, complexity, scope, and the geographical conditions of the Umpqua National Forest.

Relevant Past Performance Evaluation Ratings Rating Description

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

1. Assigning Ratings. The Experience Factor will be assigned one of the ratings defined below. An award will not be made to any offeror who receives an “Unacceptable” rating.

3) FACTOR 3 – QUALITY CONTROL. The Contractor shall provide a Quality Control Plan (QCP). The

Plan must demonstrate how the Contractor shall assure that quality of performance meets the objectives and requirements of the contract. Describe how quality will be monitored to ensure performance standards are met. The results of the monitoring should reflect quality performance.

Assigning Ratings. The Quality Control Factor will be assigned one of the ratings defined below. An award will not be made to any offeror who receives an “Unacceptable” past performance rating.

4) FACTOR 3 - WORK PLAN AND CREW MANAGEMENT

Subfactor 1: Include crew size, work schedule, and production rate per acre, per day, that will allow you to complete the work to meet performance time for work you are proposing to do.

Subfactor 2: Describe supervision plan, who will supervise, and your ability to adjust crew sizes to complete the work acceptably and on time.

Subfactor 3: Crew Management and Safety: Describe personal protection equipment (PPE) provided, your communications plan, other safety measures.

Each sub-factor will receive one of the adjectival ratings defined below. To receive an acceptable rating for this factor, all sub-factors must be rated acceptable.

Work Plan and Schedule Ratings

Acceptable Offer clearly meets the minimum requirements of the solicitation.

Unacceptable Offer does not clearly meet the minimum requirements of the solicitation.

5) FACTOR 4 - Price, is approximately equal in importance to factors listed above; however, cost may control award.

Relevant Experience Evaluation Ratings

Acceptable Based on the offeror’s experience, the Government has a reasonable expectation that the offeror will successfully perform the required.

Unacceptable Based on the offeror’s experience, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Quality Control Evaluation Ratings Rating Description

Acceptable Offer clearly meets the minimum requirements of the solicitation.

Unacceptable Offer does not clearly meet the minimum requirements of the solicitation.

(a) Options/Conditional Work (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(b) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

OREGON STATE FARM/FOREST LABOR LICENSE

A valid license or exemption is required when responding to this solicitation. In accordance with the responsibility for obtaining necessary licenses and permits (reference clause FAR 52.236-7, Permit and Responsibilities or FAR 52.212-4(q), Contract Terms and Conditions -- Commercial Items, Other compliances.), quoter shall supply their State of Oregon Farm/Forest Labor Contractor's License Number(s) in the space below or provide justification for why the offeror/quoter is exempt from obtaining a license.

Valid State of Oregon Farm/Forest Labor Contractor's License Number(s):

Justification of exemption from the licensing requirement which the Contracting Officer will send to the Oregon Bureau of Labor and Industries for verification:

EMPLOYMENT OF ELIGIBLE WORKERS - WORKFORCE CERTIFICATION (PROVISION)

Contractors are required to provide certification under this solicitation in compliance with the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) and Farm Labor Contractor (FLC) Certificate of Registration requirements describing the workforce they will utilize to fulfill the contract requirements under this solicitation and any resulting contract. If the Contractor will supply workers under the H-2B Program, the Contractor is required to provide a copy of the Temporary Employment Certificate issued by DOL.

Subcontractors are bound by the same requirements for licenses and permits under this contract. If a Prime Contractor identifies a Subcontractor as part of their workforce to accomplish the work under this solicitation, the Prime Contractor shall submit the Subcontractor's signed certification with their response to the solicitation.

H-2B Workers: (https://foreignlaborcert.doleta.gov/about.cfm)

Company certifies it will not be utilizing H2B Workers under any resulting contract of this solicitation.

Company will be utilizing H2B Workers (under any resulting contract of this solicitation. Provide a copy of Temporary Employment Certificate.) MSPA Workers: (http://www.dol.gov/whd/mspa/)

Company certifies it will not be utilizing MSPA workers under any resulting contract of this solicitation.

Certifies has valid FLC certificate of registration. (Attach a copy of current certification.)

Authorization includes:

Transporting workers

Driving

Housing workers

Company has applied for a Certificate of Registration on ______________ .

Contractors not currently having obtained a certificate (for each partner, if partnership) will be requested to furnish proof of having obtained a Certificate of Registration prior to award of contract. If the contractor does not provide the required Certificate in a reasonable timeframe, the contractor will not be eligible for the contract award. Partnerships must furnish proof of registration of their assumed business name, if any, with the State of registration.

State of ______________ No.______________

Information about licensing requirements and procedures may be obtained from the following:

I, on behalf of said Company, certify to the above responses.

SIGNATURE: DATE:

PRINTED NAME: TITLE:

https://foreignlaborcert.doleta.gov/about.cfm http://www.dol.gov/whd/mspa/

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.

FAR Provisions Incorporated by Reference:

FAR 52.204-7 System for Award Management (DEVIATION NOV 2025)

FAR 52.237-1 Site Visits (APR 1984)

FAR 52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (DEVIATION NOV 2025)

FAR Provisions Incorporated by Full Text:

FAR 52.216-1 TYPE OF CONTRACT (DEVIATION NOV 2025)

The Government contemplates award of a Requirements contract with a Firm Fixed Price CLIN contract resulting from this solicitation.

FAR 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

FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

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

(End of Provision) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

(vii) The following FAR contract clauses, incorporated by reference, apply to this acquisition:

FAR 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023)

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

FAR 52.204-13 System for Award Management Maintenance (DEVIATION NOV 2025)

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

FAR 52.219-6 Notice of Total Small Business Set-Aside (DEVIATION NOV 2025)

FAR 52.222-3 Convict Labor (JUN 2003)

FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

FAR 52.222-41 Service Contract Labor Standards (AUG 2018)

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits

GS-9 Forestry Technician $25.01

FAR 52.222-50 Combating Trafficking in Persons (OCT 2025)

FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022)

FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

FAR 52.233-3 Protest After Award (DEVIATION SEPT 2025)

FAR 52.233-4 Applicable Law for Breach of Contract Claim (DEVIATION SEPT 2025) https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4

FAR Clauses Incorporated by Full Text:

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES. (DEVIATION NOV 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of contract expiration.

(End of clause)

NOTIFICATION OF SUBCONTRACTING-US DEPT. OF LABOR, MSPA CONTRACTS

The Contractor shall promptly notify the Contracting Officer upon entering into any subcontracting arrangement. All clauses contained in this contract will be passed down to the subcontractor with a signed notice of subcontracting. The Contractor shall provide the following information to the Contracting Officer for all sub-contractors to be utilized during the performance of this contract:

1. Name address, telephone number and email address of the subcontractor.

2. Federal MSPA Registration Certificate (orange card)

3. Employee registrations tied to the subcontractor’s MSPA Registration Certificate (blue cards)

4. State Farm/Forest License

5. Required motor vehicle insurance

6. Required Workman’s Compensation, Employer’s Liability, and General Liability insurance;

7. List of PPE provided to employees at no charge

8. Housing plan (including camping) if applicable

9. A detailed description of the work being subcontracted including a listing of contract items, units, etc., as appropriate.

AGAR 452.204-70 MODIFICATION FOR CONTRACT CLOSEOUT (DEVIATION NOV 2025)

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

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

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and a ‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 120 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(End of Clause)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1988)

This contract 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 a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far (FAR Clauses are located in FAR Part 52 at https://www.acquisition.gov/far/part-52)

Department of Agriculture Acquisition Regulation (AGAR): https://www.acquisition.gov/agar (AGAR Clauses are located in AGAR Part 452 at https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses)

Deviations to clauses may be viewed: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

(End of Clause)

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

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

(End of Clause)

(viii) The date, time, and place for receipt of offer and point of contact.

Date Time Method of Submission January 8, 2026 2:00 PM (PST) Offers shall be submitted electronically via email to the

Government Points of Contact below.

Government Points of Contact:

Title POC Contracting Officer Paula Winningham paula.winningham@usda.gov https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/agar https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

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…