Attachment 1 - Solicitation Terms and Conditions UPDATED.docx

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Attached to
GMF Manchester Winter Maintenance Snow Plowing Federal contract opportunity
Solicitation number
12444326Q0007
Issued by
Department of Agriculture Forest Service R9-Eastern Region

About this file

This is a Solicitation Terms and Conditions document for RFQ 12444326Q0007, a Request for Quotation for FY26 Winter Maintenance Contract services on the Manchester Ranger District and Mount Tabor Work Center at Green Mountain & Finger Lakes National Forests. The contract requires removal of snow and ice accumulation from driveways, sidewalks, parking lots, and points of ingress/egress at Manchester Ranger District administrative sites to maintain safe facility access during and after winter weather events. The solicitation was originally set aside for small business concerns but is now open to all vendors due to lack of interest in the original solicitation. The applicable NAICS code is 561790, with a small business size standard of $9,000,000. Award will be made as a firm-fixed price requirements contract consisting of one one-year base period and four one-year option periods, for a total contract duration not to exceed five years. The Government intends to make one award.

Offers must be submitted by email to michael.simpson@usda.gov by 06 March 2026 at 1700 CT as three separate attachments: Technical Proposal, Price Proposal, and Representations and Certifications. Questions are due by 02 March 2026 at 1700 CT (note: the document contains conflicting deadline information stating 06 March). Site visits may be arranged by contacting Danna Strout at danna.strout@usda.gov. Evaluation will prioritize the highest technically rated quotation with fair and reasonable pricing and acceptable or neutral past performance, with evaluation factors including relevant experience and specialized certifications. Offerors must submit pricing for all items to be considered responsive. Applicable wage determination rates are listed for Heavy Equipment Operator ($26.49 with 16-20% fringe benefits) and Laborer ($18.43 with 16-20% fringe benefits). The contract incorporates numerous FAR and AGAR clauses including Service Contract Labor Standards, Buy American provisions, anti-discrimination requirements, and security and trafficking prevention clauses.

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Other files for this federal contract opportunity

Other files attached to GMF Manchester Winter Maintenance Snow Plowing, newest first.
File Type Posted
Experience Questionnaire.pdf PDF
12444326Q0007 - AMENDMENT 0001.pdf PDF
SF 1449 - 12444326Q0007 - GMF Manchester Winter Maintenance.pdf PDF
Attachment 4 - Wage Determination 2015-4139.pdf PDF
Attachment 1 - Solicitation Terms and Conditions.docx DOCX document
Attachment 3 - SOI - GMF Manchester Winter Maintenance.xlsx XLSX spreadsheet
Attachment 2 - SOW Winter Maintenance FY26 UPDATED.docx DOCX document

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Attachment 1 - Solicitation Terms and Conditions Solicitation Number:

Title of Procurement - GMF Manchester Winter Maintenance Solicitation Number - 12444326Q0007

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; offers are being requested, and a separate written solicitation will not be issued.

Solicitation number 12444326Q0007 is issued as a Request for Quotation (RFQ) for GMF Manchester Winter Maintenance.

Description: FY26 Winter Maintenance Contract for the Manchester Ranger District and the Mount Tabor Work Center on Green Mountain & Finger Lakes National Forests. This contract is necessary to maintain driveways, sidewalks, parking lots and points of ingress/egress to facilities at Manchester Ranger District administrative sites by removing snow and ice accumulation to provide safe access to facilities by providing a quality standard of maintaining safe administrative site access during and after weather events over the course of winter.

This acquisition is not set-aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

The applicable North American Industry Classification Standard Code is 561790. The small business size standard is $9,000,000. This acquisition is a Total Small Business Set-Aside. All responsible sources may submit a quotation which will be considered by the agency.

This acquisition is no longer set-aside for small business concerns as there was no interest in the original solicitation the procurement is now open to all vendors.

NOTES TO VENDOR:

Submit offer by email to michael.simpson@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and Representations and Certifications) in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer.

Offers are due by 06MAR2026 @ 1700 CT.

Period of Performance

Questions shall be submitted via email to michael.simpson@usda.gov and are due no later than 02MAR2026, at 1700 CT. 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.

Site visits may be arranged during normal duty hours by contacting:

Name: Danna Strout Email: danna.strout@usda.gov

See “Attachment 1 - Solicitation Terms and Conditions” for applicable clauses, instructions, and evaluation criteria.

Statement of Requirement

Description: FY26 Winter Maintenance Contract for the Manchester Ranger District and the Mount Tabor Work Center on Green Mountain & Finger Lakes National Forests. This contract is necessary to maintain driveways, sidewalks, parking lots and points of ingress/egress to facilities at Manchester Ranger District administrative sites by removing snow and ice accumulation to provide safe access to facilities by providing a quality standard of maintaining safe administrative site access during and after weather events over the course of winter.

For more detailed information please see:

Attachment 2 - SOW Winter Maintenance FY26 UPDATED

For Schedule of Items please see:

Attachment 3 - SOI - GMF Manchester Winter Maintenance

Technical Data

Technical data and supporting documentation associated with this solicitation are available through the following sources:

1. Solicitation Attachments The following documents are included as attachments to this solicitation and can be accessed via the “Attachments/Links” section of the posting.

Attachment 2 - SOW Winter Maintenance FY26 UPDATED Attachment 3 - SOI - GMF Manchester Winter Maintenance Attachment 4 - Wage Determination 2015-4139 Bennington & Rutland CO. VT 03DEC2025

Federal Acquisition Regulation (FAR) and United States Department of Aquiculture 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

52.212-4Terms and Conditions—Commercial Products and Commercial Services (Nov 2025)
☐ Alternate I (Nov 2025) of 52.212-4
52.203-17Contractor Employee Whistleblower Rights (Nov 2023)
52.203-19Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements(Jan 2017)
52.222-50Combating Trafficking in Persons (Nov 2025)

☐ Alternate I (Nov 2025) of 52.222-50

52.226-8Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)
52.232-40Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)
52.233-3Protest After Award (Sep 2025)
52.233-4Applicable Law for Breach of Contract Claim (Sep 2025)
52.240-91Security 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:

☐ 52.203-6Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I(Nov 2021) of 52.203-6
☐ 52.203-13Contractor Code of Business Ethics and Conduct (Nov 2021)
☐ 52.204-9Personal Identity Verification of Contractor Personnel Jan 2011
☒ 52.204-13System for Award Management—Maintenance (Nov 2025)
☐ 52.204-91Contractor identification (Nov 2025)
☒ 52.209-6Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025)
☐ 52.209-9Updates of Publicly Available Information Regarding Responsibility
Matters (Sep 2025)
☒ 52.209-10Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025)
☐ 52.219-4Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov2025)
☒ 52.219-6Notice of Total Small Business Aside (Nov 2025)

☐ Alternate I (Mar 2020).

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

☐ Alternate III (Nov 2025) of 52.219-9.

☐ Alternate IV (Nov 2025) of 52.219-9

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

☐ 52.222-37Employment Reports on Veterans (Nov 2025)
☐ 52.222-40Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
☐ 52.222-54Employment Eligibility Verification (Nov 2025)
☒ 52.222-62Paid Sick Leave Under Executive Order 13706 (Jan 2022)
☐ 52.223-9Estimate of Percentage of Recovered Material Content for EPA-Designated Items(May 2008)

☐ Alternate I (May 2008) of 52.223-9

☐ 52.223-11Ozone-Depleting Substances and High Global Warming PotentialHydrofluorocarbons (Nov 2025)
☐ 52.223-12Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and AirConditioners (Nov 2025)
☒ 52.223-23Sustainable Products and Services
☐ 52.224-3Privacy 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

☐ 52.225-5Trade Agreements (Nov 2023)
☐ 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomaticor Consular Mission outside the United States (May 2020)
☐ 52.225-26Contractors Performing Private Security Functions Outside the United States (Oct2016)
☐ 52.226-4Notice of Disaster or Emergency Area Set-Aside (Nov 2007)
☐ 52.226-5Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025)
☐ 52.229-12Tax on Certain Foreign Procurements
☐ 52.232-29Terms for Financing of Purchases of Commercial Products and Commercial Services
(Nov 2021)
☐ 52.232-30Installment Payments for Commercial Products and Commercial Services
(Nov 2021)
☒ 52.232-33Payment by Electronic Funds Transfer— System for Award Management (Oct 2018)
☐ 52.232-34Payment by Electronic Funds Transfer—Other Than System for Award Management(Jul 2013)
☐ 52.232-36Payment by Third Party (Nov 2025)
☐ 52.240-92Security Requirements (Nov 2025)

☐ Alternate II (Nov 2025) of 52.240-92

☒ 52.240-93Basic Safeguarding of Covered Contractor Information Systems (No 2025)
☐ 52.247-64Preference 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

The Contractor shall comply with the following FAR Clauses for Commercial Services.

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

This Statement is for Information Only:

It is not a Wage Determination

Employee Class
Monetary Wage - - Fringe Benefits
Heavy Equipment Operator
$26.49 - - 16-20%
Laborer
$18.43 - - 16-20%
☒ 52.222-43Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018)
☐ 52.222-44Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014)
☐ 52.222-51Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014)
☐ 52.222-53Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (Nov 2025)

Other Applicable Clauses

52.217-8Option to Extend Services (Nov 1999)
30 calendar days prior to contract expiration
52.217-9Option to Extend the Term of the Contract (Mar 2000)
(a) 30 Calendar days prior to contract expiration and 60 days
(c) five years and 6 months.

AGAR Clauses

452.204–70 Modification for Contract Closeout (Nov 2025)

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The Contracting Officer shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The Contracting Officer may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 60 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and a ‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 120 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(End of Clause)

452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec 2025)

(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.

(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)

Solicitation Information

Award Type

It is anticipated that a firm-fixed price requirements contract consisting of one (1) one-year base period and four (4) one-year option periods shall be awarded as a result of this synopsis/solicitation. The total duration of this contract shall not exceed five (5) years.

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

Evaluation Criteria 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 with the highest technically rated quotation with fair and reasonable pricing and acceptable or neutral past performance.

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:

Evaluation Factors:

1) Evaluation Factor 1: Relevant Experience - When evaluating this factor, the Government will evaluate the specialized experience, skills, and required certification(s) of the firm with a focus on experience that is similar to the specified project.

Price: The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.

Addendum to 52.217-8: For purposes of award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows: The evaluation will consider the possibility that the option can be exercised at any time and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be those rates in effect under the contract each time an option is exercised under this clause. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

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.

Submit offer by email to michael.simpson@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and Representations and Certifications) in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer.

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

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Nov 2025)

FAR 52.212-1 is amended as follows:

Period for acceptance of offers: The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

Questions Questions shall be submitted via email to michael.simpson@usda.gov and are due no later than 06MAR2026, at 1700 CT. 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.

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

The following provisions are applicable if checked:

☐ 52.203-11Certification and Disclosure Regarding Payments to Influence Certain FederalTransactions (Sep 2024)
☒ 52.204-7System for Award Management—Registration (Nov 2025)

☐ Alternate I (Nov 2025) to 52.204-7

☐ 52.204-90Offeror Identification (Nov 2025)
☐ 52.207-6Solicitation of Offers from Small Business Concerns and Small Business TeamingArrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024)
☐ 52.209-12Certification Regarding Tax Matters (Oct 2025)
☐ 52.219-2Equal Low Bids (Nov 2025)
☐ 52.222-18Certification Regarding Knowledge of Child Labor for Listed End Products (Feb2021)
☐ 52.222-48Exemption from Application of the Service Contract Labor Standards forMaintenance, Calibration, or Repair of Certain Equipment–Certification (Nov 2025)
☐ 52.222-52Exemption from Application of the Service Contract Labor Standards for CertainServices-Certification (Nov 2025)
☐ 52.222-56Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020)
☐ 52.223-4Recovered Material Certification (May 2008)
☒ 52.225-2Buy American Certificate (Oct 2022)
☐ 52.225-4Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Nov 2025)
☐ 52.225-6Trade Agreements-Certificate (Feb 2021)
☐ 52.226-3Disaster or Emergency Area Representation (Nov 2007)
☐ 52.229-11Tax on Certain Foreign Procurements—Notice and Representation (Jul 2025)

Other Applicable FAR Provisions

52.217-5 Evaluation of Options (Nov 2025)

52.237-1 Site Visit

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Danna Strout Email: danna.strout@usda.gov

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.

Neither it nor any proposed subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution.

(b) If the offeror participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, by submission of its offer, the offeror certifies that it is compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The offeror affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the offeror will not be eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to offeror’s compliance with the above requirements and/or eligibility for the contract may subject the offeror to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) Failure on the part of the offeror or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate the contract for default.

(End of Provision)

NOTICE FOR FILING AGENCY PROTESTS

United States Department of Agriculture (USDA) Ombudsman Program

The USDA is committed to issuing solicitations and awarding contracts in a fair and prompt manner. The Ombudsman Program for Agency Protests (OPAP) was established to address protest issues within the agency, providing an alternative to costly and time-consuming litigation. Operating independently, OPAP offers relief comparable to that granted by the Government Accountability Office (GAO). Interested parties are encouraged to resolve concerns through USDA’s internal Alternative Dispute Resolution (ADR) process before pursuing external forums such as the GAO. Concerns may be addressed informally or through a formal agency protest filed with either the Contracting Officer or the Ombudsman.

Informal Forum with the Ombudsman

1. Initial Point of Contact: Interested parties who believe a specific USDA procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer.

2. Escalation: If the Contracting Officer is unable to address their concerns, interested parties are encouraged to contact the USDA Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Utilization of the informal forum does not suspend any time requirement for filing a formal protest with the agency or other forums.

3. Required Information: To ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman

1. Effort to Resolve: Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions.

2. Independent Review: If the protester’s concerns remain unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest with either the Contracting Officer or, alternatively, with the Ombudsman under the OPAP program. Contract awards or performance will be suspended during the protest period unless justified in writing for urgent and compelling reasons or determined in writing to be in the best interest of the Government.

3. Resolution Timeline: The agency’s goal is to resolve protests within 35 calendar days from the date of filing.

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

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

6. Submission: Formal protests under the OPAP program should be submitted electronically to SPE.inquiry@usda.gov and the Contracting Officer.

Election of Forum. By initiating a protest with the USDA, the protester agrees not to pursue the same matter with the Government Accountability Office (GAO) or any other external forum while the agency protest is pending. If a protest is filed externally, the agency protest will be dismissed.

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