1240LP26Q0165 - Handheld XRF Analyzer.pdf

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

40LP

OGDEN UT 84401-2310

324 25TH ST

USDA-FS CSA INTERMOUNTAIN 4

82X9 CODE 16. ADMINISTERED BYCODE

X

X

X

334516

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR40LP

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

09/11/2026 1600 MT

08/28/2026

605-431-0135WESTLEY BISSON

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240LP26Q0165

5. SOLICITATION NUMBER

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

1 15 1174071OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

See Schedule

15. DELIVER TO

OGDEN UT 84401-2310

324 25TH ST

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,000

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 INTERMOUNTAIN 4

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.

DELIVER TO:

USDA FOREST SERVICE

ATTN NATHAN WILLIAMS

1617 COLE BLVD

BLDG 17

LAKEWOOD CO 80401 US

Handheld XRF Analyzer

Description: The U.S. Forest Service, Region 2, requires the purchase of one (1) portable handheld X-Ray Fluorescence (XRF) analyzer to

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

WESTLEY M. BISSON

. 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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

support in-situ elemental analysis of soils, sediments, tailings, and waste rock at CERCLA mine waste clean-up sites, as well as lead-in-paint screening at Forest Service facilities.

Location: Delivery to be made within 60 calendar days of award to: USDA Forest Service, Attn:

Nathan Williams, 1617 Cole Blvd. Bldg. 17, Lakewood, CO 80401

Submit questions and quotations to

Westley.Bisson@usda.gov.

Questions due by September 4th, 2026 @ 1600 (MT)

Quotations due by September 11th, 2026 @ 1600 (MT)

0001 Handheld XRF Analyzer 1 EA

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

15 2 of

Solicitation No. 1240LP26Q0165 | Handheld XRF Analyzer | USDA Forest Service | Page 1 of 13

Handheld XRF Analyzer 1240LP26Q0165

Attachment 1 - Solicitation Terms and Conditions

Solicitation Number: 1240LP26Q0165

Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Part

12. This announcement constitutes the only solicitation. Quotations are being requested and a separate written solicitation will not be issued.

Solicitation number 1240LP26Q0165 is issued as a Request for Quotation (RFQ) for the purchase of one (1) portable, hand-held X-Ray Fluorescence (XRF) analyzer for the USDA Forest Service, Rocky Mountain Region (Region 2).

This acquisition is 100 percent set-aside for small business concerns. The applicable North American Industry Classification Standard Code is 334516 — Analytical Laboratory Instrument Manufacturing. The small business size standard is 1,000 employees. This acquisition is a Total Small Business Set-Aside. All responsible small business sources may submit a quotation which will be considered by the agency.

Statement of Requirement The United States Department of Agriculture (USDA), Forest Service, Rocky Mountain Region (Region 2), requires the purchase of one (1) portable, hand-held X-Ray Fluorescence (XRF) analyzer for in-situ elemental analysis of soils, sediments, tailings, and waste rock (soils and mining modes) in support of ongoing remediation and monitoring work under the Tronox Settlement, and for lead-in-paint screening at Forest Service facilities. A Bruker Titan XRF analyzer has previously been purchased for this work; this second unit is needed to support continued on-site project work.

The salient physical, functional, and performance characteristics that the quoted item must meet or exceed are set forth below. In accordance with AGAR 452.211-70, Brand Name or Equal, the Government has identified the Bruker Titan XRF analyzer as the brand name reference product; quoters proposing an equal product must comply with the requirements of that provision, set forth in full text in the AGAR Provisions section of this solicitation.

At minimum, the XRF analyzer must:

• Be light-weight (approximately 3 lbs. or lighter) and portable, hand-held;

• Be configured to analyze in-situ soil/sediment samples, with results reported in parts per million (ppm) in Soils mode and weight percentage in Mining mode;

• Analyze, at minimum, the following elements: Ag, As, Cd, Cr, Cu, Hg, Ni, Pb, Se, U (Uranium), and Zn (pollutants), and Ag, As, Ba, Cd, Cr, Hg, Pb, and Se (RCRA metals);

• Be capable of use for lead-based paint inspection (at minimum, indicator levels);

• Function using high-resolution X-ray detector tube(s);

• Include an integrated/internal detector calibration feature and diagnostics, with push-button self-calibration suitable for in-field operation, and calibration stability requiring no more than one self-calibration per day;

• Include a set of QC/reference test standards suitable for in-situ testing;

• Include a battery pack with a 110V charger and at least one additional battery pack (minimum 8-hour life per battery);

• Support direct data download to mobile devices (tablet, etc.) and personal computers via USB, Bluetooth, or comparable connection;

• Include an operating system and analytical software that is compatible with Microsoft Operating Systems and that encrypts data to prevent external data corruption or unauthorized change; and

• Include all accessories necessary for immediate field use.

Solicitation No. 1240LP26Q0165 | Handheld XRF Analyzer | USDA Forest Service | Page 2 of 13

Schedule of Items

CLIN Supplies/Services Qty Unit Price Amount 0001 Portable, Hand-Held X-Ray Fluorescence (XRF)

Analyzer — one (1) each. Unit must meet or exceed the salient physical, functional, and performance characteristics stated in the Statement of Requirement of this solicitation, including but not limited to: soil and mining analysis modes;

elemental range through Uranium; lead-based paint screening mode; high-resolution X-ray detector tube(s); internal/integrated calibration standard and diagnostics; included QC/reference check samples;

USB connectivity; touch-screen display; and Windows-compatible operating system. Includes:

instrument-specific battery pack with 110V charger and one (1) additional battery pack (minimum 8-hour life per battery); waterproof transport case; and all other accessories and consumables necessary for immediate field use. Price shall be F.O.B.

Destination, inclusive of all packaging, transportation, and delivery charges.

1 EA $ $

TOTAL FIRM-FIXED PRICE $

Technical Data None. All salient physical, functional, and performance characteristics are stated within this solicitation; no separate technical attachments are issued.

Federal Acquisition Regulation (FAR) and USDA 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

Required Clauses

Solicitation No. 1240LP26Q0165 | Handheld XRF Analyzer | USDA Forest Service | Page 3 of 13

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) 52.222-50 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) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) 52.222-90 Addressing DEI Discrimination by Federal Contractors (Apr 2026)

The Following Clauses Are Applicable If Checked

☑ 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) ☑ 52.219-6 Notice of Total Small Business Set-Aside (Nov 2025) ☑ 52.219-33 Nonmanufacturer Rule (Nov 2025) ☑ 52.222-3 Convict Labor (Jun 2003) ☑ 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2025) ☑ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025) ☑ 52.223-23 Sustainable Products and Services (Nov 2025) ☑ 52.225-1 Buy American—Supplies (Nov 2025) ☑ 52.232-33 Payment by Electronic Funds Transfer—System for Award Management (Oct 2018)

Other Applicable Clauses

☑ 52.247-34 F.O.B. Destination (Jan 1991)

AGAR Clauses

452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (May 2026)

(a) By entering into this contract, the Contractor certifies that: 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. 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.

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(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)

452.203-72 Unenforceable Supplier Terms (May 2026)

(a) Definitions. Supplier terms mean provisions customarily drafted by vendors of supplies or services and intended to create a binding legal obligation on the end user. The term applies:

• Regardless of the format or style of the document. For example, supplier terms may appear in standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order or otherwise become effective after the contract date.

• Regardless of the media or delivery mechanism used. For example, supplier terms may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) Applicability. When any supply or service acquired under this contract is subject to supplier terms, the supplier terms are deemed part of the contract only to the extent they are consistent with this clause. Supplier terms that conflict with any part of this clause, the contract, or Federal law are void and will not be considered incorporated into a contract, even if they are physically present in a contract documentation or systems. In the event of any inconsistency between supplier terms and this contract, this clause and the terms of the Government contract must govern and supersede any supplier terms in all cases.

(c) Authorization Required. Notwithstanding any other provision, no supplier terms must be binding on the Government unless the term is expressly authorized on the USDA Supplier Terms Authorization Form signed by the Contracting Officer, and the completed Authorization Form has been incorporated into the contract.

(d) Unenforceable Terms. Any supplier terms that impose obligations or restrictions inconsistent with applicable Federal law are unenforceable against the Government and deemed stricken from the agreement.

This includes, but is not limited to, any clause that:

• Requires the Government to pay future fees, penalties, interest, legal costs, early-termination fees, cancellation fees, minimum purchase commitments, true-up payments, seat-count minimums, usage minimums, continued-use charges, or any other financial obligation not expressly authorized by the contract.

• Requires the Government to indemnify the contractor or any other entity.

• Restricts the Government’s ability to obtain similar supplies or services from another source.

• Imposes any penalty, financial or otherwise, based on the Government’s decision not to exercise an option.

• Subjects the United States Government to the laws of any U.S. state, territory, district, municipality, or foreign nation, except where Federal law expressly permits such application.

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• Requires dispute resolution in a forum or venue other than one prescribed by applicable Federal law.

• Establishes a period of limitations for bringing an action that differs from that provided by applicable

Federal law.

• Grants the contractor rights to use, mine, access, aggregate, analyze, or otherwise exploit Government data, usage data, or metadata.

• Deems the Government to have accepted initial or revised terms based on silence, continued performance, or failure to object.

• Grants the supplier the right to audit Government facilities, systems, records, or use of the product or service, except as expressly authorized by the contract and applicable Federal law.

• Requires the Government to accept supplier security requirements, network access requirements, monitoring, penetration testing, or other technical or security measures.

• Permits the supplier to suspend, degrade, or terminate access to products or services based on alleged non-payment, alleged breach, automated security triggers.

• Limits the Government’s right to use, install, access, test, evaluate, or transfer the licensed product or service in any manner consistent with the contract and Federal law.

• Requires the Government to store, process, maintain, or transmit data in a particular geographic location, or permits the supplier to transfer Government data outside the United States, except as expressly authorized by applicable Federal law.

• Authorizes the supplier to use the Government’s name, seal, trademark, logo, or any reference to the Government as an end user or customer for marketing, publicity, promotional activities, press releases, or similar purposes.

• Incorporates by reference, or requires the Government to accept, terms or conditions imposed by any third party, subcontractor, or upstream service provider, unless such terms are expressly incorporated into the contract by bilateral modification.

• Limits, conditions, or negates the contractor’s performance obligations, service levels, or remedies through a supplier-provided service level agreement (SLA).

• Uses Government data, usage data, metadata, prompts, content, or interactions to train, fine-tune, improve, or derive any artificial intelligence, machine learning, or automated decision-making model.

• Subjects the Government to automated decision-making, automated risk scoring, automated content moderation, or any algorithmic process that may affect access, performance, or rights under the contract.

• Utilizes artificial intelligence or algorithmic tools that produce decisions, recommendations, or outputs affecting contract performance without providing transparency, explainability, auditability, and bias-mitigation consistent with applicable Federal law and policy.

• Profiles, tracks, or analyzes Government user behavior, preferences, communications, or interactions for personalization, marketing, or algorithmic optimization purposes.

(e) Non-binding Actions. Neither the Government nor any Government authorized end user is deemed to have consented to any term, condition, or clause by virtue of its inclusion in the supplier agreement or through the use of clickwrap, browsewrap, “I agree” mechanisms, or similar means. Execution of such mechanisms does not bind the Government or its authorized end users to any unenforceable terms.

(f) End user. The supplier agreement must bind the ordering activity as the end user to the extent it does not conflict with the terms of this clause, but it must not bind or impose personal liability on any Government employee or any person acting on behalf of the Government in their personal capacity.

(g) Law and disputes. The supplier agreement is governed by Federal law.

(h) Statutory exception. This clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(i) Continued performance. The supplier or licensor must not unilaterally revoke, terminate, or suspend any rights granted to the Government except as allowed by the contract. If the supplier or licensor believes the ordering activity to be in breach of the supplier agreement, it must pursue its rights under the Contract Disputes Act or other applicable Federal statute while proceeding diligently with performance, pending final resolution of any dispute in accordance with the Disputes Clause at FAR 52.212-4(d) or FAR 52.233-1, as applicable.

(j) Arbitration. Binding arbitration must not be used unless specifically authorized by agency guidance.

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(k) Equitable or injunctive relief. Equitable or injunctive relief, including the award of attorney fees, costs, or interest, may be awarded against the United States Government only when explicitly provided by statute (e.g., the Prompt Payment Act or the Equal Access to Justice Act).

(l) Revisions to supplier agreements. Any revisions to the supplier agreement must be incorporated into the contract using a bilateral modification. Unilateral revisions are not binding on the Government.

(m) No automatic renewals. If any license or service tied to periodic payment is provided under the supplier agreement (e.g., annual software maintenance or annual lease term), such license or service must not renew automatically upon expiration of its current term without prior express written consent from an authorized Government representative.

(n) Indemnification. Any clause of the supplier agreement requiring the supplier or licensor to defend or indemnify the end user is amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(o) Taxes or surcharges. Any taxes or surcharges which the supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the associated Government contract or order and must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed otherwise.

(p) Non-assignment. The supplier agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government’s prior approval, except as expressly permitted by FAR 52.212-4(b) or FAR 52.232-23, as applicable.

(q) Confidential information. If the supplier agreement includes a confidentiality clause, such clause is amended to state that neither the agreement nor the contract price list, as applicable, must be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in the supplier agreement to the contrary, the Government may retain any confidential information as required by law, regulation, or its internal document retention procedures for legal, regulatory, or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of the supplier agreement.

(r) Conflict with Federal law. If any other language, provision, or clause of the supplier agreement conflicts or is inconsistent with Federal law or the terms and conditions of this contract, such language, provisions, or clauses will be considered null and void and will not be binding on the United States Government.

(End of Clause)

452.204-70 Modification for Contract Closeout (Apr 2026)

(a) If unliquidated funds in the amount of $1,000 or less remain on the contract, the Contracting Officer may issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but is not required to provide a signature. The Contracting Officer will immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) For commercial contracts not exceeding the simplified acquisition procedure threshold under FAR 12.001(c), if more than $1,000 in unliquidated funds remain at closeout, the Contracting Officer will issue a bilateral deobligation modification. Only the modification requires the contractor's signature, though a Release of Claims may be requested. If the required documents are not returned within 60 days, the Contracting Officer will issue a unilateral modification and proceed with closeout once performance is complete, acceptance is confirmed, and final payment is made.

(c) For all other non-commercial or non-cost-reimbursement contracts, if more than $1,000 in unliquidated funds remain at closeout, the Contracting Officer will issue a bilateral deobligation modification and a Release of Claims, both requiring contractor signature. If these documents are not returned within 120 days, the Contracting Officer will issue a unilateral modification and proceed with closeout upon completion of performance, acceptance, and final payment.

(End of Clause)

452.204-72 Use of Electronic Data Interchange (EDI) or Other Automation Technologies (Apr 2026)

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(a) In the event that Electronic Data Interchange (EDI) functionality or other automation technologies such as Robotics Process Automation is utilized to facilitate electronic transactions between USDA and its contractors, it is the sole responsibility of the Contractor to ensure accuracy of the electronically transferred data. The Government's electronic system shall serve as the system of record for all data exchanged or retrieved.

(b) The Government shall not be liable to the Contractor for any delay or failure associated with EDI or other automation technologies. The Contractor's use of this service is at the Contractor's sole risk. For electronic or automated services provided by USDA to the contractor, the services are provided on an 'as is' and 'as available' basis. The USDA is not responsible for any costs incurred by the contractor related to the development, test, or support of electronic or automated services. The Contractor shall be responsible for all fees associated with EDI. The Contractor is responsible for the confidentiality and security of its systems, interfaces, interconnections, and any documents received from the Government pursuant to the contract.

(c) The Government reserves the right to restrict, refuse, or cancel any participation in EDI services.

(End of Clause)

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Solicitation Information

Award Type

It is anticipated that a Firm-Fixed-Price Purchase Order will be awarded as a result of this synopsis/solicitation.

The Government intends to make a single award from this solicitation for the entire requirement. The Government does not anticipate making multiple awards. To be considered responsive, quoters must submit pricing for the entire requirement; partial quotations will not be considered.

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 representing the best value to the Government.

Lowest Price Technically Acceptable (LPTA)

Evaluation Factors

Price:

The quoter shall provide firm-fixed pricing for the line item identified in the Schedule of Items, inclusive of all delivery, packaging, and transportation costs to the F.O.B. Destination point. The Government will evaluate the total quoted price for reasonableness.

Technical Acceptability:

The quoted item must meet or exceed the salient physical, functional, and performance characteristics identified in the Statement of Requirement, and must comply with AGAR 452.211-70, Brand Name or Equal. Quoters shall submit sufficient descriptive literature, specification sheets, and/or brand name and model number information for the Contracting Officer to determine technical acceptability. A quotation that does not demonstrate compliance with each salient characteristic will be rated Unacceptable and will not be considered for award.

Past Performance:

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:

• 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.

• Neutral: Offeror does not have a past performance record.

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• 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.

Evaluation Method:

Award will be made to the responsible quoter whose quotation is determined technically acceptable, whose past performance is rated Acceptable or Neutral, and whose total price is the lowest among such quotations. Technical evaluation will start with the lowest-priced quotation and proceed to the next lowest-priced quotation until a determination of technical acceptability has been made.

Period of Performance / Completion Period of Performance: Date of Award – 60 calendar days after date of award Contract Duration: 60 Calendar Days

Place of Performance / Site Access This is a delivery-only supply requirement; no work will be performed on Government premises. The delivery destination is the USDA Forest Service, Rocky Mountain Regional Office, 1617 Cole Blvd., Bldg. 17, Lakewood, CO 80401. Contract administration and end use are with the Grand Mesa, Uncompahgre and Gunnison National Forests (GMUG).

Delivery Information F.O.B. Destination is requested as the F.O.B. point for all deliverables.

USDA requires delivery of all items by 60 calendar days after receipt of order (ARO). Early deliveries ARE accepted.

Shipping Instructions Items shall be shipped to the following address: USDA Forest Service, Rocky Mountain Regional Office, Attn:

Nathan Williams, 1617 Cole Blvd., Bldg. 17, Lakewood, CO 80401.

The XRF analyzer contains lithium batteries. Lithium batteries shall be shipped with the instrument in a secure, appropriately labeled case in accordance with all applicable Federal and carrier hazardous materials shipping regulations.

Other Information The XRF analyzer produces X-rays for elemental identification. Special training and care in the handling, storage, and operation of the instrument is required. The Contractor shall provide operator safety information/training materials with the delivered unit consistent with the manufacturer’s standard practice for this equipment.

Qualification Requirements Offerors, or the product or service, are not required to meet a qualification requirement in order to be eligible for award under this solicitation.

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

Solicitation No. 1240LP26Q0165 | Handheld XRF Analyzer | USDA Forest Service | Page 10 of 13 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 Westley.Bisson@usda.gov and are due no later than September 4, 2026, 4:00 p.m. (1600) Mountain Time. Please include the solicitation name "Handheld XRF Analyzer" and solicitation number "1240LP26Q0165" as the subject line of the email.

Quote Submission Quotes are due no later than September 11, 2026 by 4:00 p.m. (1600) Mountain Time

Quotes shall be submitted electronically to: Westley.Bisson@usda.gov

Include with your quotation:

(1) a signed SF-1449 with blocks 12, 17, 23, 24, and 30 completed; (2) a completed Schedule of Items with firm-fixed unit and extended pricing; (3) descriptive literature, specification sheets, and the brand name and model number of the item quoted, sufficient to establish that each salient characteristic is met or exceeded; (4) a statement of any modifications the quoter will make to the item to conform to this solicitation, marked on the descriptive material; (5) delivery lead time in calendar days after receipt of order; (6) the quoter’s Unique Entity Identifier (UEI) and CAGE code, with an active registration in the System for Award Management (SAM); and (7) acknowledgment of any amendments issued to this solicitation. There is no page limit and no file format restriction.

Required Provisions 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation (Jan 2017) 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 (Sep 2025) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (Nov 2025)

The Following Provisions Are Applicable If Checked ☑ 52.204-7 System for Award Management—Registration (Nov 2025) ☑ 52.225-2 Buy American Certificate (Oct 2022)

Other Applicable FAR Provisions ☑ 52.225-18 Place of Manufacture (Aug 2018)

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AGAR Provisions 452.203-70 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Certification (Dec 2025) [Provision]

(a) By submission of its offer, the offeror certifies that: It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution. 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)

☑ 452.211-70 Brand Name or Equal (May 2026) [Provision]

(a) If an item in this solicitation is identified as 'brand name or equal,' the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that 'equal' products must meet are specified in the solicitation.

(b) To be considered for award, offers of 'equal' products, including 'equal' products of the brand name manufacturer, must— meet the salient physical, functional, or performance characteristics specified in this solicitation; clearly identify the item by brand name, if any, and make or model number; include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and clearly describe any modifications the offeror plans to make to a product to make it conform to the solicitation requirements, marking any descriptive material to clearly show the modifications.

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(c) The Contracting Officer will evaluate 'equal' products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an 'equal' product, the offeror shall provide the brand name product referenced in the solicitation.

(End of Provision)

Notice for Filing Agency Protests United States Department of Agriculture (USDA) Protest Procedures

The United States Department of Agriculture (USDA) is committed to fair, transparent, and efficient acquisitions.

Interested parties with concerns about this solicitation are encouraged to seek resolution through the following USDA procedures.

Tier 1: Contracting Officer Concern Resolution

Submission: Interested parties with concerns about either the solicitation or subsequent award should first submit their concern directly to the Contracting Officer, providing sufficient detail to allow the Contracting Officer to understand and assess the issue.

Process: The Contracting Officer will review the concern, seek clarification as needed, and engage with the interested party to attempt prompt resolution.

Review Timeline: The Contracting Officer will make every effort to provide a response or resolution within 10 business days of receiving the concern.

Effect on Award or Performance: Tier 1 engagement is not considered an official notification of filing an agency protest and does not pause solicitation deadlines, delay award decisions, or suspend contract performance.

Next Steps: If the matter cannot be resolved at Tier 1, the interested party may file a written agency protest under Tier 2.

USDA encourages all parties to seek resolution with the Contracting Officer before filing an agency protest.

Tier 2: Agency Protest

If concerns cannot be resolved at Tier 1, an interested party may file a written agency protest with either the Contracting Officer or the USDA Independent Review Authority. A decision by the USDA Independent Review Authority is an alternative to a decision by the Contracting Officer; the USDA Independent Review Authority will not consider an appeal of the Contracting Officer's decision on an agency protest.

The protest must state whether the protester elects review by the Contracting Officer or by the USDA Independent Review Authority. If no election is stated, the Contracting Officer will decide the protest.

Required Information: Protests shall include the information set forth in FAR 33.104-4(a)(3). Failure to submit the required information may result in a delay or dismissal of the protest.

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Submission: Agency protests should be submitted electronically to SPE.inquiry@usda.gov and the Contracting Officer.

Timeliness: Protests must be filed within the timeframes specified in FAR 33.104.

Effect on Award or Performance: Contract awards or performance will be suspended during the protest period unless justified in writing for urgent and compelling reasons or determined to be in the best interest of the Government.

Review Timeline: USDA strives to resolve agency-level protests within 35 business days of receipt.

Election of Forum: By filing a protest with USDA, the protester agrees not to file a protest on the same matter with the Government Accountability Office (GAO) or any other external forum while the agency protest is pending.

If such a protest is filed externally, the USDA agency protest will be dismissed.

Questions: Questions regarding this notice or protest procedures should be directed to the Contracting Officer identified in this solicitation.