1240BE26Q0048 Sand Route Improvements and Restoration Schedule of Items and Statement of Objectives .docx.pdf
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- Attached to
- Sand Route Improvements and Restoration
- Solicitation number
- 1240BE26Q0048
- Issued by
-
Department of Agriculture Forest Service
About this file
This is a Request for Proposal (RFP) for Sand Route Improvements and Restoration services issued by the USDA Forest Service.
The solicitation seeks a firm fixed-price contract for heavy equipment operation and maintenance services at the Oregon Dunes National Recreation Area in Oregon. The work involves restoring off-road routes to safe standards by widening trails to 16 feet, improving drainage, removing vegetation, and raising or lowering sections of routes. The contract is set aside for small businesses (100% small business set-aside under NAICS 115310) and is unrestricted or set aside. The performance period runs from October 5, 2026 through December 15, 2026, with work conducted in the north riding area (approximately 4.75 miles) and south riding area (approximately 10 miles). The north area is scheduled for 32 days of work and the south area for 16 days. All projects within a riding area must be completed together before moving to the other area. Pricing is requested for four line items: medium to large excavator (minimum 10 tons) at 48 days; dozer (minimum 80K lbs) at 48 days; dump truck (10 cubic yard minimum capacity) at 16 days; and mobilization in and out as a lump sum. Each work day is based on a 10-hour operational shift from 7:00 AM to 5:00 PM with a one-hour lunch break; federal holidays (October 12, November 11, November 26) are excluded. Proposals are due April 20, 2026 at 5:00 PM Pacific Time and must include three separate documents: schedule of items with pricing, past performance history, and technical approach. Questions are due by April 16, 2026 at 12:00 PM Pacific Time. Award will be made to the offeror whose offer is most advantageous to the Government considering price, past performance history, and technical approach. The Contracting Officer is Jared D. Machgan, and offers should be submitted to jared.machgan@usda.gov. The contract incorporates various FAR and AGAR clauses including small business subcontracting plan requirements, labor standards, and anti-discrimination compliance certifications.
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Other files
| File | Type | Posted |
|---|---|---|
| wagerates.pdf | ||
| 23.23 Exhibit 01 Design Parameters for four-wheel drive vehicles.pdf | ||
| Project Area Maps.pdf |
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
40BE
PORTLAND OR 97204-2829
STE 310
1220 SW 3RD AVE
USDA-FS CSA NORTHWEST 3
04T0 CODE 16. ADMINISTERED BYCODE
X
X
X
115310
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR40BE
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
04/01/2026
458-212-6064JARED MACHGAN
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME
04/20/2026 1700 PT
b. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
1240BE26Q0048
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 17 1163182OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
CORVALLIS OR 97331
3200 SW JEFFERSON WAY
SIUSLAW NATIONAL FOREST
USDA FOREST SERVICE
15. DELIVER TO
PORTLAND OR 97204-2829
STE 310
1220 SW 3RD AVE
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$11.5
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
USDA-FS CSA NORTHWEST 3
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.
Period of Performance: 10/05/2026 to 12/15/2026
Sand Route Improvements and Restoration
Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
JARED D. MACHGAN
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
Project Title -Sand Route Improvements and Restoration Solicitation number 1240BE26Q0048
Contractor: From: Work Location:
Name: __________________________ Procurement and Property Services Central Coast Ranger District Email: __________________________ Field Procurement Operations Oregon Dunes NRA Phone: __________________________
UEI:____________________________
Item No. Description of Item Quantity Unit Unit
Price Total
0001 Medium to large Excavator - Minimum 10 tons 48 Day $ $
0002 Dozer - Minimum 80K LBS 48 Day $ $
Dump Truck - Capacity of 10 cubic yards minimum
16 Day $ $
0004 Mobilization In and Out* 1 LS $ $
TOTAL $
SITE VISIT - Interested parties are urged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
SCHEDULE OF ITEMS
* One transport may be used to mobilize all equipment in and out.
Each day is based on a 10 hour operational shift, from 7:00 AM to 5:00 PM, with a one hour lunch break included. Start and end times may be adjusted.
Federal holidays will be excluded from work schedule. Those days are Oct 12(Colombus Day), Nov 11(Veterans Day), and Nov 26(Thanksgiving)
If piece of machinery breaks down during a workday, only a portion of that day will be paid for.
Awarded unit (day) quantity is not to be exceeded. Excess days not authorized by the Contracting Officer will not be eligible for invoice
1.0 Purpose
The purpose of this contract is to restore safe standards to off road routes in the Oregon Dunes National Recreation Area. The project will widen trails to standard width, improve drainage, and aid emergency access.
2.0 Background
The Oregon Dunes National Recreation Area is a multi-use area that is mostly known for its motorized opportunities but is also home to many sensitive species. Our designated routes create a way for users to travel through the protected areas of the dunes with minimum disturbance to wildlife. If routes in these areas degrade, we are more likely to see new, illegal paths created in sensitive areas. Additionally, it is important that we maintain emergency access for the safety of our users on the sand. Fast growing vegetation combined with a significant increase in riders has caused major safety and environmental issues with these designated routes. The maintenance needed to restore these routes is far beyond what we are able to accomplish with our equipment/timetable. Standards for the 16’ motorized trails are attached.
3.0 Scope or Mission
The work will require heavy equipment operation on sand dunes. The main objectives are to widen trails to 16’ width, restore existing drainage structures, add drainage dips where possible, and raise/lower several sections of the route.
Some routes are as little as 6’ wide and will require significant effort to clear trees and sand.
4.0 Period and Place of Performance
All work is to be done in the north and south riding areas of the Oregon Dunes National Recreation Area. See attached map for highlighted routes. Performance period will be October 05, 2026 – December 15, 2026. There are significant safety hazards to operating in the main season.
5.0 Location
The north area needs roughly 4.75 miles of work. The south needs roughly 10 miles. On the north, all work will be accessed from Siltcoos Road, with staging at South Jetty Beach Access. On the South, work will be accessed from Spinreel Staging and that will be the location for staging the equipment as well. If contractors are comfortable, equipment can be left on the sand where work ends for the day. In that case, contractors will need to be able to drive a vehicle on the sand to shuttle operators.
6.0 Performance Objectives
Contractor shall furnish all supplies, materials, labor, supervision, and transportation (except that listed as Government-furnished) required to complete the work.
Travel to/from site is the responsibility of the contractor.
Contractors should be able to operate heavy equipment on the sand safely and effectively. The project sites are not near pavement and are in an area meant for off road use.
All routes will be maintained to no more than 16’.
o Maintenance includes removing all vegetation from route, smoothing out uneven surfaces, clearing existing drainages, and removing berms that may hold water on the trail.
Vegetation/material removed from routes will be placed in areas where it does not obstruct drainage/operations.
All equipment with metal tracks will avoid the pavement to prevent damage when possible.
Contractors will work with Forest Service representatives to add drainage/adjust plan as needed within limits of project.
6.0 Deliverables / Schedule
Item No.
Deliverable / Item Title
Description Frequency Reference Delivery Format
Due By
1 Provide rough work schedule/timeline to the agency contacts.
Provide agency contacts with estimated hours per day, estimated time at the site, and how many/what days the contractor works per week
Once N/A VIA email to COR
Within 2 weeks of contract award
2 Mobilization Move all equipment and operators needed to the first site – stage in either Driftwood Day Use or Siltcoos Beach Access Day use.
Once N/A Completed at the designated site
On first day of project
3 Raise Driftwood OHV Route
Using an excavator, dump truck, and dozer to move a very large amount of sand from COR approved location to add to Driftwood OHV Route with the goal of raising the trail up a minimum of 2 feet in height. More height if ahead of schedule. Section to be raised is roughly .75 miles and 16 feet wide.
Once FSH
2309.18 – Chapter 20 –
23.23 on page 18 – trail class
IV
Completed at the designated site
Project must be completed by 6 weeks from start of work, weather dependent.
10.6 days allocated, with flexibility if other work is finished early.
4 Remove the upper portion of the large sand dune on Lower Cleawox OHV Route
Significantly lower the Lower Cleawox OHV Route using a dump truck, excavator, and dozer. The trail needs to be lowered by 10 feet minimum, more if ahead of schedule. If reasonable, use material removed to build up Driftwood OHV Route. Section to be lowered is roughly .25 miles.
Once FSH
2309.18 – Chapter 20 –
23.23 on page 18 – trail class
IV
Completed at the designated site
Project must be completed by 6 weeks from start of work, weather dependent.
5.3 Days
allocated.
5 Restore beach routes/accesses on the North Riding Area
This includes Goosepasture Beach Route, Chapman Beach Route, and Breach Beach Route. These routes need to be restored to their original condition of 16 feet wide.
Significant vegetation removal will be needed in parts. Vegetation could be anywhere from sparse grass to thick brush to trees with a diameter up to 20in.
Additionally, contractors will remove berms that have formed blocking drainage on the route. On Breach OHV Route, contractors will clear a long drainage channel. This project will be completed with one dozer and one excavator. Roughly 2.25 miles in total.
Once FSH
2309.18 – Chapter 20 –
23.23 on page 18 – trail class
IV
Completed at the designated site
Project must be completed by 6 weeks from start of work, weather dependent.
10.6 days allocated, with flexibility if other work is finished early.
6 Restore the Incinerator Road route
This route needs to be widened back out to 16 feet with extreme vegetation removal.
Vegetation could be anywhere from sparse
Once FSH
2309.18 – Chapter
Completed at the
Project must be completed by 6 weeks grass to thick brush to trees with a diameter up to 20in. Contractor will work with the COR to determine appropriate location for excess debris. This project will be completed with one dozer and one excavator. Roughly 1.5 mile in length.
20 –
23.23 on page 18 – trail class
IV
designated site from start of work, weather dependent. 5 days allocated, with flexibility if other work is finished early.
7 Mobilization to south riding area
Move all equipment and operators to the south riding area. Staging/Unloading will take place at Spinreel Day Use
Once N/A Completed at the designated site
One day allocated
8 Restore 430 OHV Route
This route needs to be widened to 16 feet.
Significant vegetation and berm removal will be required. Vegetation could be anywhere from sparse grass to thick brush to trees with a diameter up to 30in. This project will be completed with one dozer and one excavator. Roughly 7 miles, more if time allows.
Once FSH
2309.18 – Chapter 20 –
23.23 on page 18 – trail class
IV
Completed at the designated site
Project must be completed by end of contract period. Project must be completed by 5 weeks into contract period. 10 days allocated, with flexibility if other work is finished early.
9 Restore beach routes/accesses on the South Riding Area
This includes Hauser Beach Route, Saunders OHV Route, and the portion of Coast Guard OHV route that runs from the 430 OHV route to the beach. These routes need to be restored to their original condition of 16 feet wide. Significant vegetation removal will be needed in parts. Vegetation could be anywhere from sparse grass to thick brush to trees with a diameter up to 20in.
Additionally, contractors will remove berms that have blocked drainage on the route.
This project will be completed with one dozer and one excavator. Roughly 3 miles.
Once FSH
2309.18 – Chapter 20 –
23.23 on page 18 – trail class
IV
Completed at the designated site
Project must be completed by end of contract period. 5.3 days allocated.
7.0 Operating Constraints
This section shall identify all constraints associated with the requirement including, but not limited to, information assurance and architecture; network accessibility; security; privacy; safety considerations/constraints; and existing policies, directives, and standards
The north riding area has been scheduled for 32 days of work. The South Riding Area is scheduled for 16 days. The projects on this list have estimated days needed, but this can be flexible if work needs to be completed in a different order or certain projects need more hours than estimated. A COR will be available and working with contractor and can discuss issues and schedules
Projects in a certain riding area do need to be completed together to minimize mobilization i.e. all projects in the North Riding Area must be completed before work on the South Riding area begins.
Contractors will be operating on sand and in a dune environment. Vehicles able to transport operators to equipment are essential. Equipment will need to be able to drive several miles on the sand without getting stuck. A crew that is familiar with the environment and already familiar with driving on sand is greatly preferred.
Work must be completed between 10/05/2026-12/15/2026. We experience high visitation levels in the summer and completing work during that time would not be safe for operators or the public.
Work must be completed in existing footprints. Routes cannot be rerouted for any reason. Some debris can be placed outside the footprint. CORs may ask contractors to put debris at the entrances of nearby illegal trails if convenient.
This area can experience high water levels in the winter, due to heavy rain. Contractors should be aware and check levels before driving through large water holes.
The Riding Areas will be open to the public during the work. While we have very few visitors in the winter months, they may still be on trails and near contractors. The contractors are responsible for safety.
8.0 Attachments
1. Wage rates
2. 23.23 Exhibit 01 Design Parameters for four-wheel drive vehicles
3. Project Area Maps
1240BE26Q0048 Sand Route Improvements and Restoration
Federal Acquisition Regulation (FAR) and United States Department of Agriculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions.
Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.
As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
(Jan 2017) 52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2025) 52.222-50 Combating Trafficking in Persons (Nov 2025) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest After Award (Sep 2025) 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025) 52.240-91 Security Prohibitions and Exclusions (Nov 2025) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)
The following clauses are applicable if checked:
☐ 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I (Nov 2021) of 52.203-6
☐ 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) ☐ 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 ☒ 52.204-13 System for Award Management—Maintenance (Nov 2025) ☒ 52.209-6 Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) ☐ 52.209-9 Updates of Publicly Available Information Regarding Responsibility
Matters (Sep 2025) ☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025)
☐ 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov 2025)
☒ 52.219-6 Notice of Total Small Business Aside (Nov 2025) ☐ Alternate I (Mar 2020).
☐ 52.219-8 Utilization of Small Business Concerns (Nov 2025) ☒ 52.219-9 Small Business Subcontracting Plan (Nov 2025)
☐ Alternate III (Nov 2025) of 52.219-9.
☒ Alternate IV (Nov 2025) of 52.219-9
☒ 52.219-14 Limitations on Subcontracting (Nov 2025) ☐ 52.219-16 Liquidated Damages—Subcontracting Plan (Nov 2025) ☐ 52.219-33 Nonmanufacturer Rule (Nov 2025) ☒ 52.222-3 Convict Labor (June 2003) ☒ 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2025) ☐ 52.222-35 Equal Opportunity for Veterans (Nov 2025)
☐ Alternate I (Jul 2014) of 52.222-35 ☐ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025)
☐ Alternate I (Jul 2014) of 52.222-36 ☐ 52.222-37 Employment Reports on Veterans (Nov 2025) ☒ 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010 ☒ 52.222-41 Service Contract Labor Standards (Aug 2018) ☒ 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)
This Statement is for Information Only:
It is not a Wage Determination
Employee Class Monetary Wage -- Fringe Benefits
Heavy Equipment Operator $28.35 -- $5.55
☐ 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ☒ 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) ☐ 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ☐ 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (Nov 2025) ☐ 52.222-54 Employment Eligibility Verification (Nov 2025) ☒ 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) ☐ 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items
(May 2008) ☐ Alternate I (May 2008) of 52.223-9
☐ 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Nov 2025)
☐ 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Nov 2025)
☐ 52.223-23 Sustainable Products and Services ☐ 52.224-3 Privacy Training (Jan 2017)
☐ Alternate I (Jan 2017) of 52.224-3 ☐ 52.225-1 Buy American-Supplies (Nov 2025)
☐ Alternate I (Oct 2022) of 52.225-1 ☐ 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025)
☐ Alternate II (Nov 2025) of 52.225-3.
☐ Alternate III (Nov 2025) of 52.225-3.
☐ Alternate IV (Oct 2022) of 52.225-3
☐ 52.225-5 Trade Agreements (Nov 2023) ☐ 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States (May 2020) ☐ 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct
2016) ☐ 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ☐ 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025) ☐ 52.229-12 Tax on Certain Foreign Procurements ☐ 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services
(Nov 2021) ☒ 52.232-30 Installment Payments for Commercial Products and Commercial Services
(Nov 2021) ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) ☐ 52.232-34 Payment by Electronic Funds Transfer—Other Than System for Award Management
(Jul 2013) ☐ 52.232-36 Payment by Third Party (Nov 2025) ☒ 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) ☐ 52.237-3 Continuity of Services (Jan 1991) ☐ 52.240-92 Security Requirements (Nov 2025) ☐ 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025) ☐ 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025)
☐ Alternate I (Apr 2023) of 52.247-64.
☐ Alternate II (Nov 2021) of 52.247-64
AGAR Clauses
452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec 2025)
(a) By entering into this contract, the Contractor certifies that:
(1) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.
(2) Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution, and the Contractor and any subcontractor or teaming partner will not do so for the duration of the contract.
(b) If the Contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the Contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.
(c) The Contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the Contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.
(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.
(e) Submission of a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contract may subject the Contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.
(f) The Contractor must include the provisions of this clause in all subcontract solicitations.
(g) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.
(End of Clause)
452.204–70 Modification for Contract Closeout (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 close-out 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)
Solicitation Information
Award Type
It is anticipated that a FIRM FIXED PRICED contract will be awarded.
The Government intends to make one award from this solicitation. Therefore, to be considered responsive, contractors must submit pricing for all items.
Evaluation and Basis for Award
The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 12.203 based on the criteria listed below. The award will be made to the offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.
1. Price:
The offeror shall provide pricing as requested in the Schedule of Items. Failure to propose pricing for all individual line items may result in a quotation being excluded from further consideration.
The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.
2. Relevant Past Performance History:
Provide a listing of your projects for the past three-years that most closely relate to this type of work.
Include the dates of performance, the company name, the name of contact point of contact, and point of contact telephone number and email. Also include any contract that was terminated (convenience and or cause) or cancelled and address why the contract was terminated or cancelled.
The Government may utilize any references provided by the Contractor, along with information available from past contracts/orders with the USDA and any information found using sources such as Federal Government sources or the Contractor Performance Assessment Reporting System (CPARS) to determine if the Contractor has acceptable or neutral Past Performance. Past Performance will be evaluated using the following rating system:
a) Acceptable: The contractor shows a demonstrated ability to meet contract requirements in prior or current contracts, including quality of work, timeliness, cost control, business relations, and adherence to contract terms.
b) Neutral: Offeror does not have a past performance record.
c) Unacceptable: The contractor has a documented history of failing to meet contract requirements, including poor quality, missed deadlines, cost overruns, lack of responsiveness, or unethical behavior.
3. Technical Approach:
The technical approach will evaluate the ability of the offeror to provide a sound and compliant approach that meets all requirements and shows a thorough understanding of them. It is the contractor's responsibility to ensure their quotation clearly demonstrates their capability to meet these requirements. All offerors must provide the following minimum information and documentation with their quotations to be considered responsive and have their offers evaluated:
a) Ability of the offeror to meet the schedule requirements listed in the Statement of Objectives (SOO).
b) Provided specifications of all equipment intended use for this project.
c) List of personnel that will be working on this project. At a minimum, demonstrate that the individual meets the educational and experience qualifications specified in the SOO.
Evaluation Method:
All quotations will be evaluated to identify the offeror presenting the most technically advantageous solution based on the stated evaluation criteria. Once the highest technically rated offeror is identified, their price will be evaluated to determine whether it is fair and reasonable. Past performance will also be assessed to ensure it is acceptable or neutral.
52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Nov 2025)
FAR 52.212-1 is amended as follows:
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.
Questions Questions shall be submitted via email to Jared.Machgna@usda.gov and are due no later than April 16, 2026, at 12:00 PM Pacific Time. This will ensure enough time to respond before the solicitation period ends. Please include the solicitation name and number as the subject line of the email.
Vendors are to be submitted their offers to Jared Machgan via email jared.machgan@usda.gov no later than April 20, 2026 1700 PT. Offers are to include at a minimum three separate documents;
First document, Schedule of items, second document, Past Performance and third document, Technical Approach.
Instructions to Offerors—Commercial Products and Commercial Services (Aug 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 post award 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)
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)
52.204-7 System for Award Management—Registration (Nov 2025) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations - Representation
(Sep 2025) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony
Conviction under any Federal Law (Sep 2025) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (Nov 2025)
Other Applicable FAR Provisions
AGAR Provisions
452.203-70 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Certification (Dec 2025)
(a) By submission of its offer, the offeror certifies that:
(3) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution.
(4) Neither it nor any proposed subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution.
(b) If the offeror participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, by submission of its offer, the offeror certifies that it is compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.
(c) The offeror affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the offeror will not be eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.
(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.
(e) Submission of a knowing false statement relating to offeror’s compliance with the above requirements and/or eligibility for the contract may subject the offeror to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.
(f) Failure on the part of the offeror or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate the contract for default.
(End of Provision)
NOTICE FOR FILING AGENCY PROTESTS
United States Department of Agriculture (USDA) Ombudsman Program
The USDA is committed to issuing solicitations and awarding contracts in a fair and prompt manner.
The Ombudsman Program for Agency Protests (OPAP) was established to address protest issues within the agency, providing an alternative to costly and time-consuming litigation. Operating independently, OPAP offers relief comparable to that granted by the Government Accountability Office (GAO). Interested parties are encouraged to resolve concerns through USDA’s internal Alternative Dispute Resolution (ADR) process before pursuing external forums such as the GAO.
Concerns may be addressed informally or through a formal agency protest filed with either the Contracting Officer or the Ombudsman.
Informal Forum with the Ombudsman
1. Initial Point of Contact: Interested parties who believe a specific USDA procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer.
2. Escalation: If the Contracting Officer is unable to address their concerns, interested parties are encouraged to contact the USDA Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Utilization of the informal forum does not suspend any time requirement for filing a formal protest with the agency or other forums.
3. Required Information: To ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).
Formal Agency Protest with the Ombudsman
1. Effort to Resolve: Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions.
2. Independent Review: If the protester’s concerns remain unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest with either the Contracting Officer or, alternatively, with the Ombudsman under the OPAP program. Contract awards or performance will be suspended during the protest period unless justified in writing for urgent and compelling reasons or determined in writing to be in the best interest of the Government.
3. Resolution Timeline: The agency’s goal is to resolve protests within 35 calendar days from the date of filing.
4. Required Information: Protests shall include the information set forth in FAR 33.104(a)(3).
Failure to submit the required information may result in a delay or dismissal of the protest.
5. Timeliness: Protests must be filed within the timeframes specified in FAR 33.104.
6. Submission: Formal protests under the OPAP program should be submitted electronically to SPE.inquiry@usda.gov and the Contracting Officer.
Election of Forum. By initiating a protest with the USDA, the protester agrees not to pursue the same matter with the Government Accountability Office (GAO) or any other external forum while the agency protest is pending. If a protest is filed externally, the agency protest will be dismissed.
File details come from the government source that posted it. Updated .