12445126B0045 Locate Underground Utilities Solicitation Package.pdf

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Attached to
LOCATE UNDERGROUND UTILITIES Federal contract opportunity
Solicitation number
12445126B0045
Issued by
Department of Agriculture Forest Service

About this file

This is an Invitation for Bid (IFB) solicitation for underground utility location and mapping services at USDA-ARS facilities in Stoneville, Mississippi.

Scope and Requirements: The contractor must locate and map underground utilities across approximately 43 acres (35 acres at the Main Campus at 141 Experiment Station Road and 8 acres at the Cotton Ginning Research Facility at 111 Experiment Station Road). Work includes determining location and depth of utilities including electrical, natural gas, sanitary/storm sewer, fiber cable, water, and gate control cables. Deliverables include technical data and CAD drawings (.DWG, .KMZ, and .PDF files). All personnel must be Subsurface Investigation Methodology (SIM) Certified. Contractors must submit a list of employee SIM certifications and minimum three underground utility locate projects completed in the last five years with customer references. A mandatory site visit is required on August 1, 2026 at 10:00 AM CST; attendees must report to Building 1 main lobby.

Acquisition Details: This is a Total Small Business Set-Aside under NAICS 561990 with a $16.5 million size standard. The Government intends to award one firm-fixed price contract to the lowest responsive and responsible bidder. Contract magnitude is estimated between $25,000 and $100,000 with a 60-day period of performance from notice to proceed. Questions must be submitted by September 15, 2026 at 3:00 PM, and bids are due September 23, 2026 by 2:00 PM ET. A public bid opening will be held via Microsoft Teams within 15 minutes of the deadline. Proposals must be submitted electronically to charles.cotton@usda.gov with subject line "12445126B0045_Company Name_BID" and must include SF-1442, acknowledgment of amendments, B.1 Schedule of Items for CLIN 0001, SF24 Bid Bond, and required representations and certifications. Service Contract Labor Standards apply with wage rates referenced in Mississippi wage determination 2015-5161. The contractor must submit a Site Safety Specific Plan/Accident Prevention Plan within 7 days of award and maintain a foreman on-site during all work, which shall occur Monday-Friday, 7:00 AM to 4:00 PM, excluding Government holidays.

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Solicitation: 12445126B0045 USDA- ARS Locate Underground Utilities

NOTICE TO OFFERORS

SF-1442 INFORMATION

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 88): COMPLETION DATE: Work shall be completed on or before the date specified in FAR 52.211-10.

Item 14: NAME AND ADDRESS OF OFFEROR: SAM Unique ID number shall be included in addition to the name and address.

Item 19: ACKNOWLEDGMENT OF AMENDMENTS: FAILURE TO ACKNOWLEDGE AMENDMENTS, IN ITEM 19 OF THE SF-1442, BY THE DESIGNATED DATE AND HOUR SPECIFIED IN THE SOLICITATION MAY RESULT IN REJECTION OF YOUR BID. If amendments are issued, they will be posted to www.beta.sam.gov.

SUBMITTING INVOICES: Invoices must be comply with FAR 52.232-5, Payments under Fixed Price Construction Contracts, and submitted electronically using the Invoice Processing Platform (IPP) via www.IPP.gov.

I. PRE-PROPOSAL INFORMATION

ELECTRONIC PROPOSAL SUBMISSION. Submit an electronic copy of your proposal package to charles.cotton@usda.gov with the following documents:

□ SF-1442, Solicitation, Offer & Award Acknowledge any amendments.

□ B.1 SCHEDULE OF ITEMS FOR CLIN 0001

□ SF24 Bid Bond

□ Annual Representations and Certifications (FAR Provision 52.204-8), Representation Regarding Certain o Telecommunications and Video Surveillance Services or Equipment (FAR Provision 52.204-24), and Certification of Regarding Responsibility Matters (FAR Provision 52.209-5). Section K of this solicitation.

II. Award Intention. This is an Invitation for Bid (IFB) which will result in award of a firm-fixed price contract. Award will be made using a Lowest Price, responsive/responsible evaluation. The USDA-FS intends to award only one (1) Firm Fixed Price contract.

QUESTIONS REGARDING THIS SOLICITATION WILL NOT BE ACCEPTED AFTER 3:00 P.M. ON 09/15/2026 Questions can be submitted to charles.cotton@usda.gov

Submittal Format and Confirmation/Receipt.

Email Subject Line: 12445126B0045_Company Name_BID Email: Your proposal shall be emailed to charles.cotton@usda.gov Confirmation Email: **DO NOT WAIT TO CONFIRM RECEIPT!**

Site Visit: RSVP is requested! 08/01/2026, 1000hrs CST. D’wayne Jordan phone: (662) 686-5247 email dwayne.jordan@usda.gov. Attendees will need to report to bldg. 1, main lobby.

Last day for Questions: September 15, 2026 Deadline: September 23, 2026 @ 1400ET

Bid Opening: A public bid opening will be held via Microsoft Teams Meeting within/about 15 minutes after the submittal deadline. Invitation to the opening will be sent to those submitting bids the http://www.beta.sam.gov/ http://www.ipp.gov/ mailto:charles.cotton@usda.gov mailto:charles.cotton@usda.gov mailto:cynthia.granderson@usda.gov mailto:dwayne.jordan@usda.gov morning of the deadline. Those interested parties that request entrance will also be sent the invitation upon request.

It is the contractor’s responsibility to ensure their proposal is received by the government. The contractor can email to confirm receipt. This acknowledgment SHALL NOT be used to confirm your proposal could be opened and read. Your email with the PDF attached will be deposited in a secure USDA-FS file and SHALL NOT BE

REVIEWED FOR COMPLIANCE WITH THIS RFQ PRIOR TO OPENING. ANY/ALL

ATTACHMENTS WILL REMAIN UNOPENED UNTIL THE TIME DESIGNATED IN THIS

RFQ.

This solicitation and the subsequent contract are governed by the Federal Acquisition Regulations (FAR), agency supplemental regulations, and the drawings, specifications, and data attached. Applicable FAR provisions and clauses in this IFB are incorporated by reference or full text. FAR provisions and clauses incorporated by reference can be accessed on the Internet at:

https://www.acquisition.gov/browse/index/far.

It is the responsibility of the offeror to verify that this solicitation document, including the plans, are complete as listed in the table of contents and the index to sheets. Plan sheets are attached to the email solicitation.

Notice of SAM Registration – offerors must be registered and ACTIVE in the System for Award Management (SAM) prior to submission of a proposal in response to this solicitation. Failure to register prior to submission of a proposal may require award to the next successful registered offeror. See FAR Subpart 4.1102. Register online at www.sam.gov. (SAM is an official website of the U.S. government.

There is no cost to use SAM. You can use this site for FREE to register to do business with the U.S.

government.).

Representations and Certifications – This solicitation is issued under NAICS 561990 All Other Support Services $16.5 with a small business size standard of $16.5 million. If your average annual gross receipts for the past 5 years are above $16.5 million, your organization is considered a large business for the purposes of this solicitation; if they are below $16.5 million your organization is considered a small business for the purposes of this solicitation. Please complete the certification listed in paragraph (b) of FAR Provision 52.204-8 Annual Representation and Certifications. Offerers must certify small business status for NAICS 561990 in SAM. Before submitting a BID, please ensure you have completed annual representations and certifications electronically in SAM at www.sam.gov.

Modifications to proposals - proposals may be modified or withdrawn by electronic commerce (email) if such notice is received prior to the time specified for receipt of proposals. The Government will not be responsible for ANY failure attributable to the transmission or receipt of electronic commerce (email) data. For all modifications, the Government STRONGLY ENCOURAGES offerors to resubmit the entire proposal schedule with a unit price and amount for every proposal item, and a Schedule Total (See FAR Provision 52.214-5, Submission of Proposals). Modifications which make the proposal ambiguous, indefinite, or uncertain as to any essential requirement of the contract will cause the proposal to be rejected as nonresponsive. Email Address to submit modifications to proposals for this project is charles.cotton@usda.gov https://www.acquisition.gov/browse/index/far http://www.sam.gov/

a) One or multiple awards will be made from this solicitation, contractors must submit pricing for all items.

b) UNQUE ENTITY IDENTIFICATION Provide your Unique Entity I D:

UEI#

Vets-4212 Reporting - Offerers must complete the following report, if required. See reporting requirements at: https:// www.dol.gov/agencies/vets/programs/vets4212.

_ My firm had a qualifying Federal Contract in 2020 and has complied with the reporting requirements.

_ My firm did not have a qualifying Federal Contract in 2020 and is therefore exempt from the reporting requirements.

http://www.dol.gov/agencies/vets/programs/vets4212

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

ATLANTA GA 30309-2449

STE 876S

1720 PEACHTREE ST NW

USDA-FS CSA EAST 11

ARS-124M55 CODE 16. ADMINISTERED BYCODE

X

X

X

561990

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR4451

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

09/23/2026 1400 ET

08/24/2026

859-745-3106CHARLES COTTON

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12445126B0045

5. SOLICITATION NUMBER

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

1 2 1174095OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

STONEVILLE MS 38776

141 EXPERIMENT STATION ROAD

SEA STONEVILLE MS LOCATION SUPPORT

15. DELIVER TO

ATLANTA GA 30309-2449

STE 876S

1720 PEACHTREE ST NW

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.5

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 EAST 11

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.

Contractor to provide all labor, tools, equipment, permits. etc to perform in accordance with terms/ conditions and the requirements, including specifications and drawings provided for this project.

Project Title: Locate Underground Utilities

Original Set Aside: Total Small Business Set-Aside (FAR 19.5)

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

CHARLES C. COTTON

. 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.

NAICS: 561990 All Other Support Services $16.5M

This is an Invitation for Bid (IFB) will result in award of a firm-fixed price Contract. Award will be made using a Lowest Price responsive responsible evaluation.

Magnitude: Between $25,000 and $100,000.

Location: USDA-ARS

141 Experiment Station Road

111 Experiment Station Road

Stoneville, Mississippi 38776

Period of Performance: 60 days from date of award.

Question deadline: 09/14/2026

Bids due NLT: 09/23/2026 by 1400 EST

Delivery: 60 Days After Award

0001 THIS IS NOT IT PURCHASE - LOCATE UNDERGROUND

UTILITIES

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

Statement of Work

Service to Locate Underground Utilities Asset ID: 640200B001 & 640200B022

USDA-ARS

141 Experiment Station Road 111 Experiment Station Road Stoneville, Mississippi 38776

Table of Contents

Location Map Page 3

Statement of Work Page 4

Pictures Page 5 and 6

Contractor Responsibility Page 7

Project Schedule/Contacts Page 8

Location Map

Statement of Work: This Requirement is for a Service to locate and map underground utilities for USDA-ARS Stoneville.

Project Objective: The objective of this project is for a Service to locate and map underground utilities for USDA- ARS Main Campus at 141 Experiment Station Road and USDA-ARS Cotton Ginning Research Facility at 111 Experiment Station Road in Stoneville, MS.

Contractor must be registered in System for Award Management, (SAM), prior to submitting a bid. Registration can be obtained through: www.sam.gov

Site Visit: Bidders are required to attend the site visit and be escorted by a government representative to confirm locations, dimensions, and conditions of the project before a bid is submitted. The site visit shall be for the purpose of observing firsthand any conditions relevant to the completion of this project. No consideration will be given to claims based on lack of knowledge of existing conditions, except where contract documents make definite provisions for adjustment in cost or extension due to existing conditions not readily foreseeable. This project is located at USDA-ARS in Stoneville, MS.

Safety: The contractor will submit a Site Safety Specific Plan/Accident Prevention Plan in industry recognizable format to the Contracting Officer within 7 days of contract award. The Plan shall include phone numbers and maps to the local Dr. Office and nearest Hospital.

Base Bid: Provide all equipment, labor, and materials necessary to:

Determine location and depth of underground utilities in the areas as shown on maps below which total approximately 43 acres. Approximately 35 acres of the Main Campus and approximately 8 acres of the Cotton Gin Facility. Vendor will trace any underground utilities for which structures are visible from the work area. USDA will be responsible for providing existing drawings available to the vendor and notifying vendor of all known utilities within the campuses for which there are no apparent surface features or structures visible from the work area. Some of these utilities include electrical, natural gas, sanitary sewer, storm sewer, fiber cable, water, and gate control cables.

Deliverables to USDA will include Technical Data and Maps such as CAD drawings .DWG, .KMZ files and .PDF files.

For this Service, this includes tracing all locatable, known utilities from structures, and unknown utilities. Vendors should be prepared to use Electromagnetic Locators, Ground Penetrating Radar, Robotic Crawler Cameras, Traceable Rodder, etc. and mapped using a GNSS receiver.

All personnel shall be Subsurface Investigation Methodology (SIM) Certified.

Work Experience Requested in Submission of Bid Package:

Vendors personnel shall be SIM Certified and are requested to submit a list of Employee SIM Certifications and at minimum 3 underground Utility Locate Projects performed in the last 5 years (including a “customer” point of contact for each project) with their bid package.

Picture, Main Campus Locate Perimeter:

Picture, Cotton Ginning Locate Perimeter:

Contractor Responsibility:

1. Contractor will verify all dimensions and site conditions prior to beginning work.

2. Contractor shall notify USDA 48 hours prior to any shutdown.

3. Contractor will perform the work as listed in the above outlined Base Bid.

4. Contractor shall keep work area clean daily and take measures to control debris while work is being performed onsite.

5. Contractor is required to manage the project and consult with the Government prior to beginning all work phases. And, to work in a manner that minimizes the impact of the work on Government operations, research, and functions.

6. All work must be performed in such a manner as to not adversely affect daily operations of the facility, its workers, and the onsite facility operations.

7. Contractor must always have a Foreman on the job while working onsite on this project.

Material / Submittals:

The Contractor shall supply all materials necessary to successfully complete the project and deliver a functioning system as required. Submittals on all material incorporated into the work, including shop drawings and specifications, used on this project shall be submitted to the EPM and Contracting Specialist as noted in this document. Electronic submittals are acceptable otherwise three written submittals are required.

Execution of Work:

Contractor will verify all dimensions and site conditions prior to beginning work. Contractor will schedule the work between working hours as listed below. Contractor is required to provide labor, specified material, equipment, and other tools required to perform the job fully and completely. No Government equipment will be available for use by the contractor. The contractor shall always be responsible for protecting his work and ensuring the safety of his crew and ARS employees. Upon completion of the project, the contractor shall remove from the premises all accumulated materials and rubbish caused by the project. Premises shall be left in a clean, orderly, and acceptable condition.

Damage to Property:

Any damage to the Government buildings, walls, utilities, etc. caused as the result of the contractor’s activities shall be repaired or replaced to the satisfaction of the Government.

Inspection and Acceptance:

A government representative shall inspect and approve the work performed on this project. The Contractor shall schedule inspection a minimum of 3 days in advance, in writing, to the Contracting Officer.

Project Schedule:

The completion of this project shall not exceed 60 days from date of Notice to Proceed. A request for time extension must be submitted to the Contracting Specialist in writing. Each request must include specific and detailed reasons in support of the schedule alteration.

Work Hours:

Contractor work hours shall be Monday through Friday, seven (7) A.M. to four (4) P.M. with the exception of Government holidays. Any changes to work schedule shall be submitted to Contacting Officer for written approval prior to schedule change.

Project Contacts:

Mr. Darren Middleton, Administrative Officer USDA, ARS Jamie Whitten Delta States Research Center 141 Experiment Station Road Stoneville, MS 38776 Phone: 662-232-2908 (Office) darren.middleton@usda.gov

Mr. D’Wayne Jordan, Utility Systems Operator Supervisor and Location Point of Contact 141 Experiment Station Road Stoneville, MS 38776 Office: (662) 686-5247 dwayne.jordan@usda.gov

Mr. Kevin Magee, PE Engineering Project Manager (EPM) USDA, ARS SEA Facilities Engineering 141 Experiment Station Road Stoneville, MS 38776 Office: (662) 686-5289 kevin.magee@usda.gov

To Be Determined, Contract Specialist USDA, ARS, Southeast Area Administrative Office Acquisitions, Personal Property & Fleet Management mailto:darren.middleton@usda.gov mailto:dwayne.jordan@usda.gov mailto:kevin.magee@usda.gov

12445126B0045

Description - The objective of this project is for a Service to locate and map underground utilities for USDA-ARS Main Campus at 141 Experiment Station Road and USDA-ARS Cotton Ginning Research Facility at 111 Experiment Station Road in Stoneville, MS..

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. Bids are being requested and a separate written solicitation will not be issued.

Solicitation number 12445126B0045 is issued as a Invitation for Bid (IFB) for Service to Locate Underground Utilities

This acquisition is set-aside for small business concerns. The applicable North American Industry Classification Standard Code is 237110 The small business size standard is 39.5 This acquisition is a Total Small Business Set-Aside. All responsible sources may submit a quotation which will be considered by the agency.

Statement of Requirement

Schedule of Items -

CLIN Description Estimated Quantity

Unit of Issue

Unit Cost Total

0001 1 EA

TOTAL

The contractor shall furnish a Certificate of Conformance (COC) in accordance with Federal Acquisition Regulation (FAR) clause 52.246-15. COC must be submitted in the format specified in the clause. Offerors must be able to provide necessary certification including traceability to the manufacturer, manufacturer's COC, and its own certificate of conformance. Prospective vendors who are not the OEM or an authorized distributor must provide traceability for the offered product back to the manufacturer or authorized distributor.

Concerns having the expertise and required capabilities to provide these items are invited to submit offers in accordance with the requirements stipulated in this solicitation. Alternate Parts will be authorized if they are an approved alternate part that satisfies all form, fit, and function requirements of the original parts and conform to the approved configuration. All parts shall be NEW approved parts.

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) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

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: You can either leave all clauses and check the boxes of the ones that apply or delete the clauses that do not apply. If you delete lines, you will need to right-click on the box and select “remove content control” before it will delete.

☐ 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 Aircraft Mechanic $XX.XX

☐ 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

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)

Award Type

It is anticipated that a FFP will be awarded as a result of this synopsis/solicitation.

The Government reserves the right to make more than one award (multiple awards) for different line items, if, after considering the additional administrative cost to the Government of awarding and administering separate purchase orders, it is determined that the multiple awards will result in the best value to the Government. For purposes of evaluating the cost of making multiple awards, it is assumed that the administrative cost of awarding and administering a purchase order is $500.

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.

The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services is not applicable to this IFB. In lieu of this provision, quotes will be evaluated in accordance with FAR

14.306 based on the criteria listed below. Award will be made to the lowest price that is:

− FAR 14.306-1 Responsive − FAR 14.306-2 Responsible

FAR 52.212-2 Evaluation - Commercial Products and Commercial Services (Nov 2025)

Service Contract Labor Standards -

The Service Contract Labor Standards could apply to any contracts awarded through this solicitation.

In accordance with (IAW) FAR 22.1002-3(a)(2), the place of performance for this contract is currently unknown. The Contracting Officer has determined 1 possible places of performance and has included Wage Determinations for each place as an attachment to this solicitation.

Offerors must request additional wage determinations no later than two days before solicitation close. Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit proposals. However, a wage determination shall be incorporated in the resultant contract, and there shall be no adjustment to the contract price.

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)

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:

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

☐ Alternate I (Nov 2025) to 52.204-7 ☐ 52.204-90 Offeror Identification (Nov 2025) ☐ 52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024) ☐ 52.209-12 Certification Regarding Tax Matters (Oct 2025) ☐ 52.219-2 Equal Low Bids (Nov 2025) ☒ 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (Feb 2021) ☒ 52.222-48 Exemption from Application of the Service Contract Labor Standards for Maintenance, Calibration, or Repair of Certain Equipment–Certification (Nov 2025) ☒ 52.222-52 Exemption from Application of the Service Contract Labor Standards for Certain Services-Certification (Nov 2025) ☐ 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020) ☐ 52.223-4 Recovered Material Certification (May 2008) ☐ 52.225-2 Buy American Certificate (Oct 2022) ☐ 52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Nov 2025) ☐ 52.225-6 Trade Agreements-Certificate (Feb 2021) ☐ 52.226-3 Disaster or Emergency Area Representation (Nov 2007) ☐ 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Jul 2025)

Other Applicable FAR Provisions

Add any other provisions that apply to this procurement. Consider Parts 16, 17, 27, 47, etc. Some common provisions are (this is not an inclusive list):

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…

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