1240BF26Q0008 Terms and Conditions 2.pdf

Federal Acquisition Regulation (FAR) and United States Department of Aquiculture Acquisition Regulation (AGAR) Clauses, Provisions, Additional Terms and Conditions

1. 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.

2. 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.

I. FAR and AGAR Provisions:

• 52.212-1 Instructions to Offerors - Commercial Products and

Commercial Services (Nov 2025) Addendum to 52.212-1:

(a) A site visit has not been scheduled for this requirement. Offerors are however encouraged to conduct their own research into the area, this research is at the offerors own expense and is not reimbursable by the government.

(b) Questions concerning this solicitation shall be submitted electronically via email to raymond.padgett@usda.gov and veronica.lamboysantana@usda.gov no later than Friday, February 06, 2026 at 1:00 PM (AK Time).

(c) Answers to offerors questions will be posted in SAM.gov no later than Tuesday, February 10, 2024 at 1:00 PM (AK Time).

(d) All amendments to the solicitation will be posted in SAM.gov. Acknowledge receipt and understanding of all amendments to this solicitation by sending an email to raymond.padgett@usda.gov and veronica.lamboysantana@usda.gov. In the email, include the solicitation and amendment number.

(e) Offers shall be submitted electronically via email to raymond.padgett@usda.gov and veronica.lamboysantana@usda.gov no later than Friday, February 13, 2026 at 1:00 PM (AK Time). Offerors shall ensure offers are delivered into this inbox by the due date and time.

Emails should contain 3 separate attachments: Technical Capability (in Microsoft Word or PDF format), Past Performance (in PDF format), and Price (in Microsoft Excel format). Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer.

(f) 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.

mailto:raymond.padgett@usda.gov mailto:veronica.lamboysantana@usda.gov mailto:raymond.padgett@usda.gov mailto:veronica.lamboysantana@usda.gov mailto:raymond.padgett@usda.gov mailto:veronica.lamboysantana@usda.gov

(g) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact 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.

(End of Provision)

FAR and AGAR Provisions incorporated by Reference:

• 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)

• 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (SEP

2025)(DEVIATION)

• 52.216-31 Time and Materials/Labor Hour Proposal Requirements – Commercial Acquisition (Nov 2021)

• 52.217-5 Evaluation of Options (Nov 2025)

• 52.222-52 Exemption from Application of the Service Contract

Labor Standards for Certain Services-Certification (Nov 2025)

• 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (Nov 2025)

FAR and AGAR Provisions incorporated by full text:

FAR Provisions:

• 52.216-1 Type of Contract (OCT 2025) The Government contemplates award of a Firm-Fixed Price, Requirements contract resulting from this solicitation.

(End of provision)

• 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

(End of provision)

• 52.252-5 Authorized Deviations in Provisions (NOV 2020) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

(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 Agricultural Acquisition Regulation (AGAR) (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) 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:

(b) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution.

(c) 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)

II. FAR and AGAR Clauses:

FAR and AGAR Clauses Incorporated by Reference:

• 52.212-4 Terms and Conditions—Commercial Products and

Commercial Services (Nov 2025)

• 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

• 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017)

• 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)

• 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025)

• 52.216-18 Ordering (Aug 2020)

(b) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of award through date of the current period of performance.

• 52.216-21 Requirements (Nov 2025)

(b) Contractor shall not be required to make any deliveries under this contract after [insert date].

• 52.217-8 Option to Extend Services (Nov 1999)

(b) 30 calendar days prior to contract expiration

• 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(b) 30 Calendar days prior to contract expiration and 60 days five years and 6 months.

• 52.219-6 Notice of Total Small Business Aside (Nov 2025)

• 52.222-3 Convict Labor (June 2003)

• 52.222-35 Equal Opportunity for Veterans (Nov 2025)

• 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025)

• 52.222-53 Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services-Requirements (Nov 2025)

• 52.222-50 Combating Trafficking in Persons (Nov 2025)

• 52.222-54 Employment Eligibility Verification (Nov 2025)

• 52.226-8 Encouraging Contractor Policies to Ban Text Messaging

While Driving (May 2024)

• 52.232-4 Payments under Transportation Contracts and

Transportation-Related Services Contracts (Apr 1984)

• 52.232-33 Payment by Electronic Funds Transfer— System for Award

Management (Oct 2018)

• 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)

• 52.237-2 Protection of Government Buildings, Equipment, and

Vegetation. (APR 1984)

• 52.240-91 Security Prohibitions and Exclusions (Nov 2025)

• 52.244-6 Subcontracts for Commercial Products and Commercial

Services (Nov 2025)

• 52.245-1 Government Property (Sep 2021)

• 52.245-9 Use and Charges (APR 2012)

• 52.247-21 Contractor Liability for Personal Injury and/or Property

Damage. (APR 1984)

• 52.247-22 Contractor Liability for Loss of and/or Damage to Freight other than Household Goods. (APR 1984)

FAR and AGAR Provisions incorporated by full text:

• 52.216-19 Delivery – Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $50,000.00;

(2) Any order for a combination of items in excess of $100,000.00;

or

(3) A series of orders from the same ordering office within 3 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

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 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)

III. Additional terms and conditions:

A. 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.

B. 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. Award will be made to the offeror providing the most advantageous quote to the Government.

1. Technical Factor(s):

a. Sub-factor 1 – Equipment: To be determined acceptable the offeror shall:

i. Provide information about the proposed equipment to be used to accomplish the work, including hauling capacity and hauling equipment.

b. Sub-factor 2 – Availability: To be determined acceptable the offeror shall:

i. Provide transportation availability on an as needed basis throughout the Period of Performance in accordance with the PWS requirements.

c. Sub-Factor 3: Licenses. To be determined acceptable the offered shall:

i. Provide valid licenses with endorsements and certifications to operate the equipment listed in Sub-Factor 1. Licenses, endorsements, and certifications shall be recent and applicable to the services procured by this solicitation. Submissions shall include a copy of the Offeror’s applicable FAA Operations Specifications showing certification to operate in Alaska.

d. Each technical capability 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.

Table A-1. Technically Acceptable/Unacceptable 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.

2. 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, the effort must be the same or similar in nature, size, magnitude, complexity, and scope to the services and/or products being procured under this solicitation. Past performance information that fails this condition will not be evaluated.

(c) 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.

(d) 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.”

3. Price: Price is not formally scored but is the primary evaluation factor for determining award. The government expects competitive offers to be submitted for this procurement and will use these competitive offers to determine price reasonableness. If competitive offers are not received, the Government reserves the right to utilize other methods identified in the FAR to determine price reasonableness.

a. Completeness. Each offeror is required to provide complete pricing for each contract line identified.

b. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Options for this requirement will be evaluated in accordance with FAR Clause 52.217-5.

Table A-2. 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.

Evaluation of options shall not obligate the Government to exercise the options(s).

c. The Government will evaluate the option contained in clause 52.217-8 – Option to Extend Services by adding to the total price one half the amount of the final year's option price (base year if no options). Evaluation of this option shall not obligate the Government to exercise this option. The offeror shall not include pricing for this option period on their offer.

4. Definitions:

a. Reasonableness. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

b. Completeness/Accuracy. The offeror is in compliance with the Schedule of Items and Price Sheet contained/attached within the solicitation (see Attachment 2).

5. Common Considerations and Questions:

a. Do you want the equipment offered in line 0001 to be the price for the base year and option years?

i. The government is asking for pricing for all years and contract line items.

b. If we are offering more than one aircraft, would you like separate spreadsheets for each aircraft or combined on to one?

i. The government requires all the aircraft offered on one spreadsheet. The offerors may provide an adapted schedule of items that is closer to how commercial industry invoices or quotes.

c. For fuel charges, do you want a projected gallons per hour, which will be more consistent, or a projected cost per hour which will be variable depending on fueling location and market price? Or would you prefer to assign a fuel burn rate based on make and model? (Sample DOI consumption chart attached.)

i. For fuel charges the government would prefer are gallons per hour.

d. Would the USFS consider a cost reimbursement formatted contract for this work?

i. The government will not be issuing a cost reimbursement contract. This contract will issue task order to provide services for not to exceed amounts. If the amount on the issued task order will not cover all services to be provided a new task order or additional funding may be provided.

No services shall be provided without all costs being funded.

e. Will the compensation be increased if the project(s) are not completed in the estimated number of hours?

i. The government will pay for all services requested. If costs increase due to acts of God (weather, natural disasters, etc) or government caused delays, the government will enter discussions/negotiations to ensure the contractor is compensated at current rates and agreed upon pricing.

C. ATTACHMENTS AND APPENDIX

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

a. Attachments:

i. Performance Work Statement

ii. Service Contract Labor/Wage Rates

iii. Schedule of Items