12444026Q0077.pdf

Gila Fire Support Toilets & Handwash 12444026Q0077

Statement of Requirement Portable Toilet Rental and Handwash Stations for various locations and dates for the Gila Fire Support. All documents needed, including Statement of Work and Schedule of Items, will be attachments. Please make sure that you sign and return the SF-1449.

Schedule of Items: See Attachments

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) Alternate I (Nov 2025) of 52.212-4

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)

Alternate I (Nov 2025) of 52.222-50 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)

Alternate I (Nov 2025) of 52.240-91 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)

The following clauses are applicable if checked:

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I (Nov 2021) of 52.203-6

52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-13 System for Award Management—Maintenance (Nov 2025)

52.204-91 Contractor identification (Nov 2025) 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) 52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters (Sep 2025) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov

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

Alternate I (Mar 2020).

52.219-8 Utilization of Small Business Concerns (Nov 2025) 52.219-9 Small Business Subcontracting Plan (Nov 2025)

Alternate III (Nov 2025) of 52.219-9.

Alternate IV (Nov 2025) of 52.219-9

52.219-14 Limitations on Subcontracting (Nov 2025) 52.219-16 Liquidated Damages—Subcontracting Plan (Nov 2025) 52.219-33 Nonmanufacturer Rule (Nov 2025) 52.222-3 Convict Labor (June 2003) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2025) 52.222-35 Equal Opportunity for Veterans (Nov 2025)

Alternate I (Jul 2014) of 52.222-35 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025)

Alternate I (Jul 2014) of 52.222-36 52.222-37 Employment Reports on Veterans (Nov 2025) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010

52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits

Laborer $16.68

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018)

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014)

52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014)

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (Nov 2025)

52.222-54 Employment Eligibility Verification (Nov 2025) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) 52.222-90 Addressing DEI Discrimination by Federal Contractors (Apr 2026) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (Nov

2025) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008) Alternate I (May 2008) of 52.223-9

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Nov 2025)

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Nov 2025)

52.223-23 Sustainable Products and Services (Nov 2025) 52.224-3 Privacy Training (Jan 2017)

Alternate I (Jan 2017) of 52.224-3 52.225-1 Buy American-Supplies (Nov 2025)

Alternate I (Oct 2022) of 52.225-1 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025)

Alternate II (Nov 2025) of 52.225-3.

Alternate III (Nov 2025) of 52.225-3.

Alternate IV (Oct 2022) of 52.225-3

52.225-5 Trade Agreements (Nov 2023) 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States (May 2020) 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct

2016) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025) 52.229-12 Tax on Certain Foreign Procurements 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services

(Nov 2021) 52.232-30 Installment Payments for Commercial Products and Commercial Services

(Nov 2021) 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018)

52.232-34 Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013)

52.232-36 Payment by Third Party (Nov 2025) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.237-3 Continuity of Services (Jan 1991) 52.240-92 Security Requirements (Nov 2025) 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025)

52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025) Alternate I (Apr 2023) of 52.247-64.

Alternate II (Nov 2021) of 52.247-64

Other Applicable Clauses

52.232-90 Fast Payment Procedures (Nov 2025) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

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) gation 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

(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

(18) Uses Government data, usage data, metadata, prompts, content, or interactions to train,

(19) 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, w 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 52.21

(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.

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– 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)

Solicitation Information

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.

Technical Approach:

The technical approach will evaluate the ability of the offeror to provide a sound and compliant approach that meets all requirements and shows a thorough understanding of them. It is the contractor's responsibility to ensure their quotation clearly demonstrates their capability to meet these requirements. All offerors must provide the following minimum information and documentation with their quotations to be considered responsive and have their offers evaluated:

Ability of the offeror to meet the schedule requirements listed in the Statement of Work

(SOW).

Detailed explanation of any requirement listed in the SOW that cannot be successfully accomplished by the offeror.

Price:

The offeror shall provide pricing as requested in the Schedule of Items Attachment # 2 of this Request for Quote. Failure to propose pricing for all individual line items may result in a quotation being excluded from further consideration. The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.

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.

• 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:

All quotations will be evaluated to identify the offeror presenting the most technically advantageous solution based on the stated evaluation criteria. Once the highest technically rated offeror is identified, their price will be evaluated to determine whether it is fair and reasonable. Past performance will also be assessed to ensure it is acceptable or neutral.

Award will be made to the offeror whose proposal is determined to be the highest technically rated, provided that:

The proposed price is fair and reasonable, and Past performance is assessed as acceptable or neutral.

Award will not necessarily be made to the lowest-priced offeror. Tradeoffs will not be conducted.

52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Nov 2025) Please return signed SF-1449 Schedule of Items Past Performance

SITE VISIT IS HIGHLY RECOMMENDED.

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.

Questions Questions shall be submitted via email to melody.flores@usda.gov and are due no later than May 22, 2026, at 12:00 PM Central Time. This will ensure enough time to respond before the solicitation period ends. Please include the solicitation name and number as the subject line of the email.

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) Alternate I (Nov 2025) to 52.204-7

Other Applicable FAR Provisions

52.237-1 Site Visits (Apr 1984)

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.

Statement Of Work - FY26 Gila Fire Support Toilet & Handwash Attachment #1

General Information

1.0 Scope of Work

The scope of work is to provide, service, and maintain usability of 19 fully operational portable toilets and 8 fully operational handwash units. Toilets and handwash units will support the health and well-being of Gila National Forest employees and will provide adequate sanitation facilities to forest personnel and visitors at specified locations during the fire season. All units shall be positioned in a way that ensures safe and unobstructed access during use and service.

2.0 Background

Restroom and sanitation facilities needed at Gila National Forest work sites during the fire season are either inadequate (fail to meet the sanitation and safety needs of forest employees) or nonexistent.

Contractor Requirements

3.0 Technical Requirements / Tasks

Portable Toilets Contractor will furnish standard size, industrial-quality portable toilets and ensure that adequate sanitation supplies and services are provided. All units shall be delivered clean and in working order. Portable units must be maintained in accordance with local, state, and federal health regulations. All units must provide sufficient ventilation. All units must contain a waste reservoir with a capacity of at least 45 gallons. Contractor is responsible for supplying and maintaining clean, sanitary, and serviceable units. Service to units will include removal and disposal of waste and trash, cleaning, repairing any damage to units, stocking paper products and sanitizer. The toilet paper and sanitizer dispensers shall be stocked with enough product to ensure supply is not exhausted between scheduled service dates. All units shall be cleaned according to minimum service requirements: Silver City Fire Cache, ; Saddle Mountain Lookout, ; Signal Peak Lookout, ; Glenwood RD Helispot, ; Luna Work Center, . Additional service may be requested if it is determined that sanitary standards have not been met. The contractor is responsible for securing units in a way that ensures they remain upright during high winds. Contractor must clean, service, and restore any overturned unit within 48 hours of notification. The contractor may be required to relocate portable toilets on short notice due to urgent mission requirements. Each portable toilet unit must include: a wall-mounted urinal and bench-style toilet with seat and closing lid, a locking mechanism accessible from the inside of the unit door, a multi-roll toilet paper dispenser, and a wall-mounted hand sanitizer dispenser.

Handwash Units Handwash units shall be delivered clean and in working order. Portable handwash units must be maintained in accordance with local, state, and federal health regulations. Contractor is responsible for supplying and maintaining clean, sanitary, and serviceable units. Service to units will include removal and disposal of waste and trash, cleaning, repairing any damage to units, stocking paper products and sanitizer. The paper, soap, and sanitizer dispensers shall be stocked with enough product to ensure supply is not exhausted between scheduled service dates. All units shall be cleaned according to minimum service requirements: Silver City Fire Cache, ; Luna Work Center, . Additional service may be requested if it is determined that sanitary standards have not been met.

The contractor is responsible for securing units in a way that ensures they remain upright during high winds. Contractor must clean, service, and restore any overturned unit within 48 hours of notification. The contractor may be required to relocate portable handwashing stations on short notice due to urgent mission requirements. Each portable handwashing station/unit must include: two basins with two spigots and one foot-operated pump per basin, a tank capacity of at least 20 gallons of potable water and 20 gallons of grey water, and one soap dispenser and paper towel dispenser for every two basins. All potable water tanks must be sealed.

Silver City Fire Cache 10 portable toilets 5 handwash units 04/01/2026-09/01/2026

Saddle Mountain Lookout 1 portable toilet 04/20/2026-09/29/2026

Signal Peak Lookout 1 portable toilet 04/06/2026-09/29/2026

Glenwood RD Helispot 1 portable toilet 04/20/2026-09/29/2026

Luna Work Center 6 portable toilets 3 handwash units 04/15/2026-07/15/2026

4.0 Government Furnished

Government Point of Contact (POC) for each location is listed in the Statement of Work under Key Deliverables. POC is responsible for meeting with the contractor, will serve as the main point of contact at service location assigned, and will work with the contractor to determine the specific site location for toilets and handwash units.

5.0 Deliverables / Schedule

All units listed shall be serviced three times per week or every other week to ensure sanitation is adequate and supply is sufficient. Service will include cleaning, pumping, sanitizing, trash and waste removal, and supplying paper and handwash/hand sanitizing product.

Key Deliverables Item No. Deliverable Objective Due 1 10 portable toilets

5 foot-pump handwash units

Provide adequate Sanitation facilities for Fire employees at the location stated

Silver City Fire Cache 158 AIRPORT ROAD, Hurley NM 88043-0931

POC: Joshua Rascon 575-654-5194

04/01/2026

Service at Minimum 3 times per week but as needed to maintain sanitary standards.

2 1 portable toilet Provide adequate Sanitation facilities for Fire employees at the location stated

Saddle Mountain Lookout – Glenwood RD 60 miles on HWY 180 from Silver City, NM to Glenwood, NM, 35 miles on HWY 180 from Glenwood, NM to Forest Service Road 209, 12 miles on Forest Service Road 209 to Forest Service Road 209B, 2.5 miles on Forest Service Road 209B to Lookout

POC: Shane Manning 575-312-8798

04/20/2026

Service at Minimum once every other week but as needed to maintain sanitary standards.

3 1 portable toilet Provide adequate Sanitation facilities for Fire employees at the location stated

Signal Peak Lookout – Silver City RD North on HWY 15 from Silver City, NM, 14 miles on HWY 15 to Forest Road 154, East on Forest Road 154 to Lookout

POC: Benjamin Crum 575-388-8412

04/06/2026

Service at Minimum once every other week but as needed to maintain sanitary standards.

4 1 portable toilet Provide adequate Sanitation facilities for Fire employees at the location stated

Glenwood Ranger District Helispot 18 RANGER STATION DR, Glenwood NM 88039

POC: Shane Manning 575-312-8798

04/20/2026

Service at Minimum once every other week but as needed to maintain sanitary standards.

5 6 portable toilets 3 foot-pump handwash units

Provide adequate Sanitation facilities for Fire employees at the location stated

Luna Work Center – Quemado RD 4 Forest Service Circle, Luna NM 87824

POC: Dustin Roper 505-205-554

04/15/2026

Service at Minimum 3 times per week but as needed to maintain sanitary standards.

6.0 Travel

Required travel to and from locations listed to deliver toilet and handwash units; to and from locations listed to pick up toilet and handwash units when they are no longer needed; travel to and from locations listed to service portable toilets and handwash units. Toilets are to remain in the same location throughout the duration of the contract unless the contractor is asked to relocate portable toilets due to urgent mission requirements.

7.0 Contractor’s Key Personnel

Contractors will hold current and valid licenses and/or certifications required to perform all duties associated with delivery, maintenance, service, and repair of portable toilets and handwash units.

8.0 Security Requirements

COR or District Point of Contact (POC) will provide contractor with access (gate code/key/entry point) to delivery locations. Contractor will notify COR or District/Work Site POC before delivery, service, or pick up of portable toilets and handwash units. Toilets and handwash units must be secured by the contractor when delivered to prevent upset by wind or weather. Locking doors are required on all portable toilets.

9.0 Data Rights

N/A

10.0 Section 508 – Electronic and Information Technology Standards

Attachment

Cost Estimate Per

Day # of Units # of Days Total Cost

(Cost Per Day x #of Units x # of Days)

ITEM

NUMBER

Silver City Fire Cache

PAY

UNIT

EST QTY

0001 Portable Toilet 10 Units DAY 96 10 -$ 0002 Service 10 Units/3 Days Per Week DAY 41 10 -$ 0003 Portable Handwash Station 5 Units DAY 96 5 -$ 0004 Service 5 Units/3 Days Per Week DAY 41 5 -$

ITEM

NUMBER

Saddle Mountain Lookout

PAY

UNIT

EST QTY

0001 Portable Toilet 1 Unit DAY 124 1 -$ 0002 Service 1 Unit/1 Day Every Other Week DAY 11 1 -$

ITEM

NUMBER

Signal Peak Lookout

PAY

UNIT

EST QTY

0001 Portable Toilet 1 Unit DAY 124 1 -$ 0002 Service 1 Unit/1 Day Every Other Week DAY 11 1 -$

ITEM

NUMBER

Glenwood RD Helispot

PAY

UNIT

EST QTY

0001 Portable Toilet 1 Unit DAY 124 1 -$ 0002 Service 1 Unit/1 Day Every Other Week DAY 11 1 -$

ITEM

NUMBER

Luna Work Center

PAY

UNIT

EST QTY

0001 Portable Toilet 6 Units DAY 48 6 -$ 0002 Service 6 Units/3 Days Per Week DAY 21 6 -$ 0003 Portable Handwash Station 3 Units DAY 48 3 -$ 0004 Service 3 Units/3 Days Per Week DAY 21 3 -$

Total: -$

ALL APPLICABLE TAXES AND MILEAGE

MUST BE INCLUDED IN COST ESTIMATE

Do not change the format of the Schedule of Items

SCHEDULE OF ITEMS

Period of Performance 05/29/26 - 09/29/26

Anticipated Delivery Date 5/29/2026

Period of Performance 05/29/26 - 09/29/26 Anticipated Delivery Date 5/29/2026

SCHEDULE OF ITEMS

SCHEDULE OF ITEMS

Gila National Forest

PROJECT TITLE: FY26 Gila Fire Support Toilet & Handwash

WORKPLAN ACQUISITION PLAN/REQUISITION NO: 727517

SCHEDULE OF ITEMS

Anticipated Delivery Date 5/29/2026 Period of Performance 05/29/26 - 09/01/26

Period of Performance 05/29/26 - 09/29/26 Anticipated Delivery Date 5/29/2026

SCHEDULE OF ITEMS

Period of Performance 05/29/26 - 07/15/26

Anticipated Delivery Date 5/29/2026

SCHEDULE OF ITEMS

Attachment 2

12443922Q0016

ATTACHMENT 3

RELEVANT EXPERIENCE QUESTIONNAIRE

Instructions: See Box 9, remarks, if extra space is needed to answer any item below. Additional sheets may be attached.

1. Contractors Name, Address, Telephone No., & Email 2. Type of Business Company Co-Partner _ Non-profit Corporation Individual

CAGE: DUNS:

3. How many years experience do you have in this line of work Years

4. How many years experience as a Prime Contractor Subcontractor

5. LIST OF RELATIVE PROJECTS YOUR BUSINESS HAS COMPLETED WITHIN THE LAST

THREE (3) YEARS

NOTE: The description of work performed should be in sufficient detail for the Government to determine what the work included.

(i.e., what tasks were performed, (grounds maintenance, erosion control, mulching, forestry work performed, type of equipment used, special safety or requirements) Use of only a project title does not usually provide enough detail for the Government to make an evaluation.

Contract Number: Award Amount:

Client/Company’s Name/Address:

Contact Name and Telephone number:

Description of Work Performed:

Date completed or scheduled for completion:

Contract Number: Award Amount:

Client/Company’s Name/Address:

Contact Name and Telephone number:

Description of Work Performed:

Date completed or scheduled for completion:

RELEVANT EXPERIENCE QUESTIONNAIRE

Contract Number: Award Amount:

Client/Company’s Name/Address:

Contact Name and Telephone number: _

Description of Work Performed:

Date completed or scheduled for completion:

Contract Number: Award Amount:

Client/Company’s Name/Address:

Contact Name and Telephone number:

Description of Work Performed:

Date completed or scheduled for completion:

Contract Number: Award Amount:

Client/Company’s Name/Address:

Contact Name and Telephone number:

Description of Work Performed:

Date completed or scheduled for completion:

RELEVANT EXPERIENCE QUESTIONNAIRE

6a. Have you ever failed to complete any work awarded to you? Yes No

6b. Has work ever been completed by performance bond? Yes No

6. If "yes" to either item 7a or 7b specify location(s) and reason(s) why:

7. List the experience of the principal individuals of your business:

INDIVIDUALS NAME PRESENT POSITION YRS EXP TYPE OF WORK

8. Information required to complete a responsibility determination of the apparent successful offeror. (Additional information may be requested once a contractor is selected for award.. Moreover, the contractor might need to provide additional authorization from a creditor to grant access.)

a. Credit References:

Company Name/Address Point of Contact Telephone number Materials/Services Provided

b. Banking Information. (please do NOT provide account information – just a point of contact and a way to reach them) Company Name/Address Point of Contact Telephone number

9. REMARKS (Additional sheets may be attached to the experience questionnaire)

CERTIFICATION: I certify that all of the statements made by me are complete and correct to the best of my knowledge and that any persons named as references are authorized to furnish the Forest Service with any information needed to verify my capability to perform this project:

Name: Title: Date:

RELEVANT EXPERIENCE QUESTIONNAIRE

Any Additional Information: