Attachment 1 - Solicitation Terms and Conditions.pdf

Cattle Feed Supplements – RFQ

124PSA27Q0005

Statement of Requirements See “Attachment 2 - Statement of Requirements” for a complete list of requirements.

Schedule of Items See “Attachment 3 - SF1449 Quote Submission Forms” for a complete schedule of items.

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:

☒ 52.204-13 System for Award Management—Maintenance (Nov 2025) ☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) ☒ 52.219-6 Notice of Total Small Business Aside (Nov 2025) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

☐ Alternate I (Mar 2020).

☒ 52.222-3 Convict Labor (June 2003) ☒ 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2025) ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025)

☒ Alternate I (Jul 2014) of 52.222-36 ☒ 52.222-90 Addressing DEI Discrimination by Federal Contractors (Apr 2026) ☒ 52.223-23 Sustainable Products and Services (Nov 2025) ☒ 52.225-1 Buy American-Supplies (Nov 2025)

☐ Alternate I (Oct 2022) of 52.225-1 ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018)

Other Applicable Clauses 52.247-34 F.O.B. Destination (Jan 1991)

AGAR Clauses 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.usda.gov/guidance-documents/acquisition-policy/ocp/usda-agar30-sept-26pdf.

AGAR 452.203-70 Unenforceable Supplier Terms (May 2026)

AGAR 452.204–70 Modification for Contract Closeout (Apr 2026)

AGAR 452.236-70 Electronic Submission of Payment Requests (Sep 2026)

Licenses and Permits The Contractor shall be responsible for obtaining any necessary licenses and permits, giving all notice and complying with any applicable federal, state, local, and municipal laws, codes, ordinances, and regulations in connection with the business carried on under this contract.

Invoice Procedures To invoice, the Contractor must first enroll in the Invoice Processing Platform (IPP) by visiting:

https://www.ipp.gov/vendors/index.htm. Once enrolled, all invoices must be submitted electronically through IPP. The IPP is a Government-wide secure web-based payment information service offered free of charge to Government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS).

One-time enrollment in IPP means that you will receive a series of e-mails from Treasury services.

The first email will have the IPP Logon ID and link to the IPP application. A second e-mail, containing the password will be sent within 24 hours. Once you receive these emails, please login to the IPP application and complete the registration process.

Benefits of registering with IPP include the ability for your company to create invoices directly from a contract award and submit them electronically, as well as:

• E-mail notification when invoice(s) are paid https://www.usda.gov/guidance-documents/acquisition-policy/ocp/usda-agar30-sept-26pdf https://www.ipp.gov/vendors/index.htm

• Online payment history

• Remittance download

E-mail notifications of payments are sent when a payment is distributed to your bank account and will include all pertinent payment information. The IPP Customer Support Desk is available to assist users Monday through Friday (excluding bank holidays) from 8:00AM - 6:00PM ET, including answering any questions related to accessing IPP or completing the registration process. Their tollfree number is

(866) 973-3131 or they can be reached at: IPPCustomerSupport@fms.treas.gov.

SOLICITATION INFORMATION

Award Type It is anticipated that a firm-fixed price purchase order will be awarded as a result of this combined 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.

Price:

The offeror shall provide pricing as requested in the attachment titled “Attachment 3 - SF1449 Quote Submission Forms”. Total price evaluation and reasonableness will be for the sum of all line items.

Failure to propose pricing on any of the individual line items may result in a quotation being excluded from further consideration. Any quantity price discounts and discounts for prompt payment should be included in this section. The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.

As the Government anticipates making one Firm-Fixed Price award the total quoted price entered must include any and ALL fees, charges, and/or surcharges (as prices/costs cannot be added on after the award has been made). This will be a tax-exempt purchase.

Technical Acceptability:

Technical Acceptability will be evaluated to receive an overall rating of "acceptable" or "unacceptable." This will be based on the offeror's ability to provide a product(s) that meets all requirements and shows a thorough understanding of them.

Only quotations determined to be technically acceptable will be considered for award. To be considered technically acceptable, the quoted product(s) must meet or exceed all of the salient characteristics, capabilities, and features specified on “Attachment 2 - Statement of Requirements”.

Merely stating that the item(s) meet them is not acceptable. It is the Offeror’s responsibility to mailto:IPPCustomerSupport@fms.treas.gov ensure their quotation clearly demonstrates the product(s) capability to meet these requirements by including sufficient descriptive literature or documentation (e.g., product specifications, datasheets, or brochures) to show how the proposed product(s) meets or exceeds the required salient characteristics, capabilities, and features. The product(s) must also be new (not refurbished or remanufactured) and be available for delivery within the timeframe specified to the address provided.

The Government is not responsible for locating or obtaining any information not identified in the quote. Failure to provide adequate documentation or to meet the required salient characteristics, capabilities, and features will result in a determination of technical unacceptability, and the quotation will not be considered for award.

Past Performance:

The Government may utilize any references provided by the Offeror, along with information available from past awards/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 Offeror shows a demonstrated ability to meet requirements in prior or current awards including timely delivery, the provision of conforming products, business relations, and adherence to award terms. This includes being found to have no exclusions, proceedings, Termination(s) for Default/Cause, or Administrative Agreement(s) on the “Responsibility / Integrity” page as well as no Debt(s) Subject to Offset under “Financial Information” on the “Core Data” page of an Offeror’s SAM Record

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

• Unacceptable: The Offeror has a documented history of failing to meet requirements in prior or current awards including missed delivery deadlines, the provision of nonconforming products, lack of responsiveness, or unethical behavior. This includes being found to have any exclusions, proceedings, Termination(s) for Default/Cause, or Administrative Agreement(s) on the “Responsibility / Integrity” page as well as any Debt(s) Subject to Offset under “Financial Information” on “Core Data” page of an Offeror’s SAM Record.

Evaluation Method:

The Government will evaluate quotations based on the Lowest Price, Technically Acceptable (LPTA) criteria. Only the lowest priced offer will be evaluated for Technical Acceptability. Should the lowest priced offer not receive an acceptable technical or past performance rating, the process will continue in order of lowest priced offer until the LPTA offer with an acceptable or neutral past performance is identified.

Rejection of Unreasonable Quotes:

The Government may reject any quotation that is evaluated to be unreasonable in terms of commitments, including contract terms and conditions, or unreasonably high, low, or unbalanced when compared to Government estimates or price competition, such that the quotation is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks that are involved.

Delivery Information F.o.b. destination, is requested as the F.O.B. point for all deliverables. All offers will be considered F.O.B. Destination unless F.O.B. origin is specified AND estimated shipping costs are included.

The USDA requires delivery of all items by 12/31/2026. Early deliveries will be accepted.

Shipping Instructions:

Items shall be shipped to the following address:

USDA-ARS Fort Keogh Livestock and Range Research Laboratory 243 Fort Keogh Road, Miles City, MT 59301-4016

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

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:

Quotations must be prepared in accordance with the instructions in this section, providing all required documents and information in the format specified. Failure of a quotation to show compliance with these instructions may be grounds for exclusion of the quotation from further consideration. The quotation shall clearly and concisely describe the Offeror's response to the requirements of the solicitation. Offerors shall acknowledge receipt of any/all amendments to this solicitation by the date and time specified in the amendment(s).

Quote submission must include:

(1) A completed copy of “Attachment 3 - SF1449 Quote Submission Forms” that includes the following information:

• The solicitation number;

• The name, address, SAM Unique Entity ID number, telephone number, and email address of the

Offeror;

• Pricing for all items which prices are requested for set opposite each item; and

• Names, titles, telephone numbers, and email addresses of persons authorized to negotiate on the

Offeror’s behalf with the Government in connection with this solicitation.

(2) Acknowledgement of any solicitation amendment(s).

(3) Active registration at SAM.gov (required at time of quote submission or your quote will not be accepted).

(4) Supporting documentation that describes and demonstrates in specific detail how the quoted product(s) will meet or exceed the minimum salient characteristics/ requirements of the item(s) being requested.

(5) Supporting documentation from the manufacturer(s) certifying where the product(s) being quoted are made.

• Please note:

a. The manufacturer being incorporated, having its headquarters, or having an office in the United Stated does not qualify their products as a U.S.-made domestic end product.

b. The product(s) must be manufactured within one of the 50 States, the District of Columbia, or outlying areas AND contain components mined, produced, or manufactured in the United States that makes up 65% or more of the products total value OR be a Commercially Available Off the Shelf (COTS) item in order to qualify.

c. Trade Agreements only go into effect at or above a specific dollar threshold and when the requirement has not been set aside. If trade agreements are applicable the corresponding FAR clauses will be included by reference.

Submissions All quotes are to be submitted electronically. The Offeror shall provide an electronic copy via email to the Primary Point of Contact and Secondary Point of Contact (if applicable) in Adobe PDF format.

Quotes received after the established deadline shall be considered late and may be considered only if it is in the Government’s best interest and if it will not unduly delay award.

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.

Within this time the determination shall be made of whether an award can be issued from one of the offers that was received. If an award is unable to be made from one of the offers received then the solicitation may be amended or cancelled and reissued. If no notice has been given of an amendment, re-solicitation, or cancellation of the requirement then the award determination remains pending.

Questions Questions shall be submitted via email to the Primary Point of Contact and Secondary Point of Contact (if applicable) and are due no later than 72-hours prior to the close date/time/time zone listed in the “Date Offers Due” field. 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 ☒ 52.225-2 Buy American Certificate (Oct 2022)

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

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 USDA Independent Review Authority. If no election is stated, the Contracting Officer will decide the protest.

Required Information: Protests shall include the information set forth in FAR 33.104-4 (a)(3).

Failure to submit the required information may result in a delay or dismissal of the protest.

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

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

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

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

Election of Forum: By filing a protest with USDA, the protesters agree not to file a protest on the same matter with the Government Accountability Office (GAO) or any other external forum while the agency protest is pending. If such a protest is filed externally, the USDA agency protest will be dismissed.

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

mailto:SPE.inquiry@usda.gov