1240LT26Q0079_Tepee WC Well Pump.pdf
PDF 345 KB Posted
- Attached to
- TEPEE WORK CENTER WELL PUMP PROJECT
- Solicitation number
- 1165685
- Issued by
-
Department of Agriculture Forest Service
About this file
Summary: Request for Quotation (RFQ) for Tepee Work Center Well Pump Replacement
This is a Request for Quotation (RFQ) for the replacement of a deep-well pump system at the Tepee Work Center in the Black Hills National Forest, Custer County, South Dakota. The solicitation number is 1240LT26Q0079, and quotes are due July 15, 2026, at 9:00 a.m. Central Daylight Time. The estimated period of performance is July 30, 2026, through August 31, 2026, with delivery required by August 31, 2026. This is a total small business set-aside with an estimated contract value of $45 million and falls under NAICS code 237110 (Water Supply and Irrigation Systems). The acquisition will result in a firm fixed price contract, with one award anticipated.
The work involves removal of an existing well pump system and installation of a new 5 HP submersible pump suitable for a 921-foot deep well, including a new pump control system with overload protection, surge protection, and pressure switch or optional VFD control. The contractor must provide all labor, materials, equipment, testing, and documentation necessary for the project. Evaluation will be based on two factors: Technical Approach (including a Schedule/Work Plan demonstrating ability to complete project phases such as mobilization, pump removal and inspection, new pump installation, cable and control system installation, well disinfection, and performance testing) and Price. Quotes must not exceed four pages and must include pricing on an Excel spreadsheet with line-item amounts rounded to the nearest whole dollar. Questions are due June 16, 2026, at 9:00 a.m. CDT. The Contracting Officer is Lucas J. Dahlman, and the Contract Specialist is Janice King.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Amend 0002_SUMMARY OF CHANGES (2).pdf | ||
| Amend 0001_SUMMARY OF CHANGES.pdf | ||
| Attach 2_ Schedule of Items.xlsx | XLSX spreadsheet | |
| Attach 4_SCA_WD_2015-5367_South Dakota.pdf | ||
| Attach 1_SOW.pdf | ||
| Attach 3_Specifications_Tepee Well Pump_7May2026.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
67T0 CODE 16. ADMINISTERED BYCODE
X
X
X
237110
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR40LT
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
07/15/2026 0900 CT
06/03/2026
JANICE KING
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
1240LT26Q0079
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 15 1165685OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
CUSTER SD 57730-8214
1019 N FIFTH ST
BLACK HILLS NATIONAL FOREST
15. DELIVER TO
OGDEN UT 84401-2310
324 25TH ST
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$45M
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 8
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.
PROJECT: Tepee Work Center Well Pump Replacement
- Black Hills National Forest in Custer County, South Dakota
DESCRIPTION OF WORK: The contractor shall provide all labor, materials, equipment, testing, and documentation necessary for the removal of the existing and replacement of a new deep-well pump system for a 921-foot well, including the installation of a new 5 HP submersible pump and associated controls. See the SOW, SPECS, and SOI
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
LUCAS J. DAHLMAN
. 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.
for additional information.
POC'S: JANICE KING, CONTRACT SPECIALIST -
janice.king@usda.gov and
LUCAS DAHLMAN, CONTRACTING OFFICER -
lucas.dahlman@usda.gov
NAICS: 237110-Water Supply and Irrigation Systems
Delivery: 08/31/2026
Period of Performance: 07/30/2026 to 08/31/2026
0001 Removal of the existing well pump and 1 LS installation of a new well pump.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
15 2 of
Tepee Work Center Well Pump Replacement
1240LT26Q0079
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 1240LT26Q0079 is issued as a Request for Quotation (RFQ) for the replacement of a deep-well pump system for a 921-foot well, including the installation of a 5 HP submersible pump and associated controls. The contractor shall provide all labor, materials, equipment, testing, and documentation necessary to remove and replace the existing well pump system. The existing pump system for the 921-foot well has exhibited signs of failure, diagnostic evaluation leads to the well pump has seized. Historical data for this site details how the previous well pump had been seized due to rust. The system utilizes a deep-well submersible pump, originally installed to support agricultural or facility water supply operations. The SOW outlines the requirements for assessment, repair, replacement, testing, and commissioning of a new 5 HP submersible pump system and associated surface controls.
Location: Black Hills National Forest in Custer County South Dakota
10623 Tepee Work Center Loop in Edgemont, South Dakota, 57735
This acquisition is set-aside for small business concerns. The applicable North American Industry
Classification Standard Code is 237110-Water Supply and Irrigation Systems. The small business size standard is $45 million. This acquisition is a Total Small Business Set-Aside. All responsible sources may submit a quotation which will be considered by the agency.
Site Visit: NOTE: There will NOT be a site visit for this project.
Point of Contact for this Project:
Contracting Officer Representative: Richard Zacher
Email: Richard. Zacher@@usda.gov
Office: 605-673-9222
Contract Specialist: Janice King
Email: Janice.king@usda.gov
Contracting Officer: Lucas Dahlman
Email: Lucas.Dahlman@usda.gov
Estimated Period of Performance: July 30, 2026, through August 31, 2026.
Statement of Requirement
The following documents are included as attachments to this solicitation and can be accessed via the
“Attachments/Links” section of the www.Sam.gov website.
http://www.sam.gov/
Solicitation Attachments:
• Attachment 1 – Statement of Work
• Attachment 2 – Schedule of Items
• Attachment 3 – Tepee Well Pump Specifications
• Attachment 4 – SCA Wage Determination, Custer County, SD
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
52.212-4 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)
The following clauses are applicable if checked:
☒ 52.204-13 System for Award Management—Maintenance (Nov 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)
☒ 52.219-14 Limitations on Subcontracting (Nov 2025)
☒ 52.222-41 Service Contract Labor Standards (Aug 2018)
☒ 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)
☒ 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment
(May 2014)
☒ 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022)
☒ 52.222-90 Addressing DEI Discrimination by Federal Contractors (Apr 2026)
☒ 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)
☒ 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)
☒ 52.237-3 Continuity of Services (Jan 1991)
☒ 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025)
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:
(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)
AGAR 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:
1. 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.
2. 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:
(1) 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.
(2) Requires the Government to indemnify the contractor or any other entity.
(3) Restricts the Government’s ability to obtain similar supplies or services from another source.
(4) Imposes any penalty, financial or otherwise, based on the Government’s decision not to exercise an option.
(5) 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.
(6) Requires dispute resolution in a forum or venue other than one prescribed by applicable
Federal law.
(7) Establishes a period of limitations for bringing an action that differs from that provided by applicable Federal law.
(8) Grants the contractor rights to use, mine, access, aggregate, analyze, or otherwise exploit
Government data, usage data, or metadata.
(9) Deems the Government to have accepted initial or revised terms based on silence, continued performance, or failure to object.
(10) 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.
(11) Requires the Government to accept supplier security requirements, network access requirements, monitoring, penetration testing, or other technical or security measures.
(12) Permits the supplier to suspend, degrade, or terminate access to products or services based on alleged non‑payment, alleged breach, automated security triggers.
(13) 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.
(14) 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.
(15) 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.
(16) 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.
(17) Limits, conditions, or negates the contractor’s performance obligations, service levels, or remedies through a supplier‑provided service level agreement (SLA).
(18) 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.
(19) 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.
(20) 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.
(21) 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.
(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 $1000 or less remain on the contract, the Contracting
Officer (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 u and proceed with closeout upon completion of performance, acceptance, and final payment.
(End of Clause)
52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Nov
2025)
SOLICITATION INFORMATION:
1. QUESTIONS: Questions shall be submitted to Contract Specialist, Janice King via email to
Janice.king@usda.gov and Contracting Officer, Lucas Dahlman at Lucas.dahlman@usda.com.
Questions are due no later than June 16, 2026, at 9:00 a.m. Central Daylight Time (CDT). This will ensure that ample time is allotted to respond before the solicitation period ends. Please include the solicitation’s name and number as the subject line of the email.
2. QUOTES: Please submit your quote no later than July 15, 2026, at 9:00 a.m. Central Daylight
Time (CDT). Quotes submitted past the due date and time above will NOT be accepted. Submit the following documents below with your quote.
Email addresses for submission of quote: Contract Specialist, Janice King, at
Janice.king@usda.gov and Lucas Dahlman, Contracting Officer, at lucas.dahlman@usda.gov.
In the submission of your quote, include in the email’s subject line:
Solicitation 1240LT26Q0079 - Tepee Work Center Well Pump Replacement
Quotes shall be no more than 4 pages, including the Schedule of Items. Offerors shall use Times
New Roman Font 12 on 8 x 11 size paper.
3. ACKNOWLEDGEMENT OF AMENDMENTS TO THE SOLICITATION: Offerors shall acknowledge all amendments by acknowledging in Block 19 of the SF-1442, failure to do will result in the rejection of your offer.
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 90 calendar days from the date specified for receipt of offers.
Award Type
It is anticipated that a Firm Fixed Price Contract will be awarded as a result of this synopsis/solicitation. 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. Award will be made to the offeror representing the best value to the Government.
Quote Evaluation Method
The Government intends to evaluate quotations to determine which provides the best value to the
Government, based on the evaluation factors outlined in this solicitation. The Government may consider quotations that exceed minimum requirements and offer additional value or benefits, even if they are not the lowest priced. However, formal trade-off procedures will not be conducted.
Evaluation Factors
The Government will evaluate the content of the offeror’s submitted offer to assess reasonableness of the contractor’s technical approach and schedule for which a confidence rating will be assigned to the offeror’s capability to perform the required work. The following factors will be considered.
Factor 1 - Technical Approach:
Offerors shall submit a Schedule/Work Plan (such as a Gantt Chart) consisting of no more than two pages illustrating the project’s schedule for the work to be completed within the estimated Period of
Performance for this contract or earlier. The government will evaluate the proposed start and completion dates for the following work shown in the vendor’s Schedule/Work Plan as stated in the Schedule of Work. The schedule at a MINIMUM must address the following along with time frames:
- Mobilization
- Pull existing pump assembly and inspect drop pipe, cabling, and check valves.
- Provide and install a new 5 HP deep-well submersible pump suitable for installation at 820- 880 feet depth based on water levels.
- Install submersible pump cable (approx. 900-950 feet), torque arrestors, centralizers, and stainless-steel check valves.
- Provide new pump control system, including overload protection, surge protection, and pressure switch or optional VFD control.
- Disinfect well per standards, flush system, and perform bacteriological testing.
- Conduct performance testing to verify required flow and pressure.
- Provide as-built documentation, test results, and warranty information.
Acceptable proposals will demonstrate the ability to complete the project within the specified time frames, or earlier.
Confidence Assessment: Based on the offeror’s Schedule/Work Plan, the Government will assign one of the following confidence ratings:
• High Confidence – Government has a high expectation of successful performance/completion of work.
• Some Confidence – Government has a reasonable expectation of success performance/completion of work.
• Low Confidence – Government has concerns about successful performance/completion of work.
Factor 2 Price:
The offeror shall provide pricing as requested below and in the attached spreadsheet titled
“Attachment 2 – Schedule of Items”.
• Schedule of Items - All items must be priced and submitted on the Excel Spreadsheet provided, Attachment 3 - Schedule of Items. Do not submit pricing in Adobe format.
• Ensure the name of the company and the UEI number is added to the Schedule of Items
(Contractor’s name and UEI block highlighted in yellow).
• All individual line-item pricing provided shall be rounded up to the nearest whole dollar, do not include cents, the total pricing should equate to the individual line-item amounts.
Failure to propose pricing will 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.
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
52.203-18 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 under any Federal Law (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)
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:
(1) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution.
(2) 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) 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. The 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, by the UDSA
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.
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 protesters agree 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.
mailto:SPE.inquiry@usda.gov
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C04_CSS_Commerical Products and Services_Revised 6 May 26
File details come from the government source that posted it. Updated .