12639526Q0082 Amendment 1.pdf
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- Solicitation number
- 12639526Q0082A0001
About this file
This is Amendment 1 to a Foot and Mouth Disease (FMD) ELISA Kits Indefinite-Delivery Indefinite-Quantity (IDIQ) solicitation issued by the USDA Animal and Plant Health Inspection Service (APHIS) for the National Animal Vaccine and Veterinary Countermeasures Bank (NAVVCB) stockpiling program. The amendment modifies the Statement of Requirements to add "at time of award" to the Center for Veterinary Biologics (CVB) licensing/permitting requirement, incorporates the mandatory FAR 52.222.90 clause addressing DEI discrimination by federal contractors as required by Executive Order 14398, and extends the quote due date to 3:00 PM ET on May 15, 2026.
The solicitation seeks FMD Virus Antibody ELISA test kits that must be DIVA-compatible, CVB-licensed at time of award, capable of detecting antibodies from cattle, sheep, and pigs, provide 400 or greater reactions per kit, store under appropriate conditions at the contractor's facility, and be destroyable upon request. The Government anticipates awarding a single firm-fixed-price IDIQ contract with one base ordering period and four one-year optional ordering periods (maximum 66 months total). The price schedule includes 10 line items across five ordering periods, with estimated quantities of 25 kits per item, split between kits with storage services and immediate-delivery kits without storage. All shipping and delivery costs to the designated Government location are included in the unit price. Delivery into storage facilities must occur within 60 days of order receipt; product transfers to designated locations must occur within 30 days. Quotes must include product description, technical capability narrative, and pricing for all line items. Award will be based on best value to the Government using comparative evaluation. Questions must be submitted by May 4, 2026 at 3:00 PM ET to kathleen.melby@usda.gov. The contractor must maintain active System for Award Management (SAM) registration to remain eligible for delivery orders. Offerors must certify compliance with federal anti-discrimination laws and agree to hold prices firm for 90 calendar days from the offer receipt date.
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12639526Q0082 x x
1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR
OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
x
APHIS-MN-126395
MINNEAPOLIS MN 55401
SUITE410
250 MARQUETTE AVE
USDA APHIS
05/14/20260001
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
FACILITY CODE CODE
10B. DATED (SEE ITEM 13)
10A. MODIFICATION OF CONTRACT/ORDER NO.
9B. DATED (SEE ITEM 11)
9A. AMENDMENT OF SOLICITATION NO.
CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY
PAGE OF PAGES
4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)
1. CONTRACT ID CODE
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
04/13/2026
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.
ORDER NO. IN ITEM 10A.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
The purpose of this amendment is to:
1. Edit the Statement of Requirements specifications second bulleted item to add "at time of award" (highlighted in yellow) to now read "Must be Center for Veterinary Biologics
(CVB) licensed/permitted at time of award",
2. Incorporate the mandatory contract clause FAR 52.222.90, Addressing DEI Discrimination by Federal Contractors, as required by Executive Order 14398 (highlighted in yellow), and
3. Extend quote due date to 3:00pm ET 5/15/26.
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)
15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED
(Signature of person authorized to sign) (Signature of Contracting Officer)
STANDARD FORM 30 (REV. 11/2016)
Prescribed by GSA FAR (48 CFR) 53.243
Previous edition unusable
Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .
FMD ELISA Kits IDIQ Solicitation 12639526Q0082 Amendment 1
Statement of Requirement
The USDA Animal Plant Health Inspection Service requires the purchase of Foot and Mouth Disease Virus (FMDV) Antibody Kit to detect antibodies against FMDV through Enzyme Linked Immunosorbent Assay (ELISA) detection for stockpiling within the National Animal Vaccine and Veterinary Countermeasures Bank (NAVVCB).
The FMD Virus Antibody Test Kits must meet the following specifications:
• Must be DIVA compatible and be able to detect antibodies against FMDV non-structural 3ABC proteins
• Must be Center for Veterinary Biologics (CVB) licensed/permitted at time of award
• Ability to store kits under appropriate storage conditions at contractor’s location
• Ship kits to designated location when requested
• Ability to test serum from cattle, sheep, and pigs
• Compatible to use with standard ELISA plate reader
• Does not contain select agent biological material
• Does not require any additional reagents not provided with the kit (laboratory grade water excluded)
• Must have the capability of providing 400 or greater reactions per kit
• Ability to destroy/dispose of expired kits upon request
Unit Price shall include all costs associated with furnishing and delivering all materials and for performing all work required under the contract in a complete and acceptable manner. This is a fixed-price Indefinite-Delivery Indefinite-Quantity (IDIQ) type contract. The quantities in the pricing schedule are estimates only. Delivery or performance shall be made only as authorized by delivery orders issues in accordance with the ordering clauses. Quoted prices must include all costs necessary to produce, store, and deliver the product FOB destination, including delivery into the contractor’s storage facility, all storage transfers, and final delivery to the Government’s designated destination when requested, as specified in the contract.
The Government recognizes that the line items established in this solicitation may not conform to the Quoter’s practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, quoters are invited to propose alternative line items to ensure that the resulting contract is economically and administratively advantageous to the Government and Quoter. Quoters may submit one or more quotes with alternative line items, provided that alternative line items are consistent with FAR Subpart 4.10 and clearly map to the supplies and services required under this solicitation. Quoters shall still provide complete pricing for all line items in the Government’s Price Schedule. Failure to do so may result in a quotation being excluded from further consideration. Acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government.
Price Schedule:
ITEM # DESCRIPTION ESTIMATED
QTY
UNIT
OF
ISSUE
UNIT
PRICE
EXTENDED
TOTAL
0001 Ordering Period One (Date of award through 04/30/2027) Food and Mouth Disease Virus (FMDV) Enzyme Linked Immunosorbent Assay (ELISA) Kit, including storage through the product shelf life unless earlier delivery is requested by the Government
KIT
0002 Ordering Period One (Date of award through
04/30/2027) FMD ELISA
kit for immediate delivery only; no storage services are required or included.
25 KIT
0003 Ordering Period Two (05/01/2027 – 04/30/2028) Food and Mouth Disease Virus (FMDV) Enzyme Linked Immunosorbent Assay (ELISA) Kit , including storage through the product shelf life unless earlier delivery is requested by the Government
0004 Ordering Period Two (05/01/2027 – 04/30/2028) FMD ELISA kit for immediate delivery; no storage services are required or included
25 KIT
0005 Ordering Period Three (05/01/2028 – 04/30/2029) Food and Mouth Disease Virus (FMDV) Enzyme Linked Immunosorbent Assay (ELISA) Kit, including storage through the product shelf life unless earlier delivery is requested by the Government
0006 Ordering Period Three (05/01/2028 – 04/30/2029) FMD ELISA kit for immediate delivery; no storage services are required or included
25 KIT
0007 Ordering Period Four (05/01/2029 – 04/30/2030) Food and Mouth Disease Virus (FMDV) Enzyme Linked Immunosorbent Assay (ELISA) Kit, including storage through the product shelf life unless earlier delivery is requested by the Government
0008 Ordering Period Four (05/01/2029 – 04/30/2030) FMD ELISA kit for immediate delivery; no storage services are required or included
0009 Ordering Period Five (05/01/2030 – 04/30/2031) Food and Mouth Disease Virus (FMDV) Enzyme Linked Immunosorbent Assay (ELISA) Kit, including storage through the product shelf life unless earlier delivery is requested by the Government
0010 Ordering Period Five (05/01/2030 – 04/30/2031) FMD ELISA kit for immediate delivery no storage services are required or included
TOTAL
CLINS:
0001-0010
FAR 52.225-5, Trade Agreements is included in this solicitation - One or more of the items under this acquisition is subject to the World Trade Organization Government Procurement Agreement and Free Trade Agreements.
Technical Data and Specifications
Technical data and supporting documentation associated with this solicitation are available through the following sources:
The Contractor must comply with the standards set forth by the Virus-Serum-Toxin Action (21 U.S.C. 151-159) and the regulations promulgated from this Act listed in 9 CFR Parts 101-123.
These regulations were promulgated to ensure that biologic products offered for sale or use in the United States meet requirements for purity, safety, potency, and efficacy.
The Contractor must have adequately trained personnel, sufficient production equipment and instrumentation for quality control, and possess the production expertise and capability necessary to meet the needs of the NAVVCB. The Contractor’s manufacturing facility must be inspected by the USDA and determined adequate for the purpose of consistently manufacturing high quality FMD ELISA kits.
1. External Website Access
Additional technical data::
https://www.aphis.usda.gov/veterinary-biologics/license-new-applicants Offerors must ensure they have appropriate access credentials, if required, and are encouraged to review all materials prior to proposal submission.
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.
Packaging
a. Each product must be identified both, on the kit packaging, and the shipping container with:
i. Manufacturer’s name
ii. Product Name
iii. Batch or lot number
iv. Expiration date
b. Each shipment will contain a current Safety Data Sheet (SDS)
c. Each shipment will include a packing slip identifying the following:
i. Manufacturer
ii. Batch/Lot Number
iii. Manufacture date https://www.aphis.usda.gov/veterinary-biologics/license-new-applicants
iv. Expiration date
v. delivery order and contract number
vi. Quantity shipped
d. Material shall be packed for shipment in such a manner that will ensure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification rules, or regulations of other carriers as applicable to the mode of transportation.
Shipping and Delivery The following ordering procedures apply to all orders issued under the resulting IDIQ contract:
a. Only authorized Government Contracting Officers can issue an order under the resultant IDIQ contract
b. No delivery should be made, and no payment will be issued except as authorized by a delivery order.
c. The contractor must maintain an active SAM registration to be eligible for delivery orders under the IDIQ contract. A lapse in SAM registration during contract performance would render a contractor ineligible for future delivery orders issued under the IDIQ contract until an active SAM registration is reestablished.
d. Delivery into storage facilities must be made (FOB Destination) within 60 days following receipt of an order.
e. When transfer is requested, product must be shipped to delivery location specified within 30 days.
All shipping and delivery costs associated with delivery of FMD ELISA kits are included in the unit price, including: delivery into contractor storage, storage transfers, and final delivery to the Government’s specified destination when requested. Sample shipping and delivery costs to USDA for testing shall be included in the unit cost of the FMD ELISA kit.
Notifications of shipment must be made by email to the Technical Point of Contact.
Inspection
The government reserves the right to inspect all supplies called for by the contract in accordance with clause 52.246-2 Inspection of Supplies-Fixed-Price. At the Government’s request, inspection may occur during regular business hours within a minimum 48 hour notice communicated to the vendor prior to inspection dates.
Inspection will help the USDA assess the Contractor’s ability to comply with the contract requirements regarding quality, quantity and timeliness. The scope of the inspection may include, but is not limited to, the following:
• Inspection of storage facilities where the NAVVCB FMD ELISA kits are maintained
• Inspection and review of the storage records, batch numbers, and labels on the product to ensure that these agree with the documentation supplied by the manufacturer
• Inspect record/documentation relevant to requirements regarding long-term storage facilities
The Government will give the contractor at least 48 hours notice of an inspection and, where reasonably practicable, an indication of which documents and/or class of documents the inspector may wish to evaluate.
Transfer to Long-Term Storage Facilities
Once the FMD ELISA kit is released by the manufacturer and after completion of all the quality control tests, the contractor must deliver the kits to the storage vessels on the Contractor’s premises dedicated for the use by the NAVVCB. The FMD ELISA kit identification (i.e. batch number, date of manufacture, expiration date) must be noted on each kit/box.
At the time of transfer, the manufacturer will send a report of the transfer indicating all pertinent information including but not limited to, serial/batch number, date the FMD ELISA kit was transferred to the NAVVCB (specifically, time zero [T0] will begin the moment the FMD ELISA kit is placed into storage. Once stored the kit must not be relocated without the advance notification and approval of the NAVVCB.
Award Type
It is anticipated that an IDIQ will be awarded as a result of this synopsis/solicitation. It is anticipated that a firm-fixed price IDIQ contract consisting of one (1) base ordering period and four
(4) one-year ordering periods shall be awarded as a result of this synopsis/solicitation. The total duration of this contract shall not exceed 66 months Supplies will be ordered through issuance of firm-fixed price delivery orders on an as-needed basis. See clause 52.216-22 Indefinite Quantity.
Supplies will be ordered through the issuance of individual Delivery Orders as the requirements of the U.S. Department of Agriculture (USDA) are defined. The line-item quantities listed in pricing schedule. 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.
Quotes must include:
a. Product Description: Description of the FMDV Elisa kit proposed, including licensing/permitting status in accordance with 9 CFR Parts 101-123, manufacturer name and location, storage capability and storage location, technical characteristics of kit/device, analytical and diagnostic sensitivity,stated shelf life, and maximum number of reactions per kit
b. Narrative statement of capability: Description of technical capability, experience, and qualifications in manufacturing FMDV ELISA Kits and managing long-term storage of biologic products.
c. Price: Any quantity price discounts and discounts for prompt payment should be included in this section. The offeror shall provide pricing as requested in the table titled “Price Schedule” under the “Statement of Requirements” section. Failure to propose pricing for the base ordering period and all ordering periods on individual line items may result in a quotation being excluded from further consideration. The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.
Evaluation Method:
The Government intends to evaluate quotations using a comparative evaluation methodology. This means quotations will be compared against one another to determine which provides the best value to the Government, based on the evaluation factors outlined in this solicitation.
The Government may consider quotations that exceed minimum requirements and offer additional value or benefits, even if they are not the lowest priced. However, formal tradeoff procedures will not be conducted.
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
52.212-4 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) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
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) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest After Award (Sep 2025) 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025) 52.240-91 Security Prohibitions and Exclusions (Nov 2025)
☐ Alternate I (Nov 2025) of 52.240-91 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)
The following clauses are applicable if checked:
☒ 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I (Nov 2021) of 52.203-6 ☐ 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) ☐ 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 ☒ 52.204-13 System for Award Management—Maintenance (Nov 2025) ☐ 52.204-91 Contractor identification (Nov 2025) ☒ 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) ☐ 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Sep 2025) ☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) ☒ 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov 2025) ☐ 52.219-6 Notice of Total Small Business Aside (Nov 2025)
☐ Alternate I (Mar 2020).
☒ 52.219-8 Utilization of Small Business Concerns (Nov 2025) ☐ 52.219-9 Small Business Subcontracting Plan (Nov 2025)
☐ Alternate III (Nov 2025) of 52.219-9.
☐ Alternate IV (Nov 2025) of 52.219-9
☐ 52.219-14 Limitations on Subcontracting (Nov 2025) ☐ 52.219-16 Liquidated Damages—Subcontracting Plan(Nov 2025) ☐ 52.219-33 Nonmanufacturer Rule (Nov 2025) ☒ 52.222-3 Convict Labor (June 2003) ☒ 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2025) ☒ 52.222-35 Equal Opportunity for Veterans (Nov 2025)
☐ Alternate I (Jul 2014) of 52.222-35 ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025)
☐ Alternate I (Jul 2014) of 52.222-36 ☒ 52.222-37 Employment Reports on Veterans (Nov 2025) ☒ 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
☒ 52.222-54 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) ☒ 52.223-9 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 ☐ 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) ☐ 52.240-92 Security Requirements (Nov 2025) ☐ 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025) ☐ 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025)
☐ Alternate I (Apr 2023) of 52.247-64.
☐ Alternate II (Nov 2021) of 52.247-64
Other Applicable Clauses
52.216-18 ORDERING (Aug 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through Contract Expiration.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when—
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of clause)
52.216‐19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $7,000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor ‐‐
(1) Any order for a single item in excess of $8,000,000
(2) Any order for a combination of items in excess of $8,000,000
(3) A series of orders from the same ordering office within 7 calendar days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216‐21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum‐order limitations in paragraph (b) of this section.
52.216‐22 INDEFINITE QUANTITY (OCT 1995)
Indefinite Quantity (DEVIATION DATE)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after the expiration of the shelf-life stated in the Contractor’s offer for the specific FMDV ELISA kit ordered.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor at any time before the contract expires. Exercise of any option shall be evidenced on a Standard Form (SF) 30.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.
(End of clause)
52.246-2 Inspection of Supplies-Fixed-Price (Aug 1996)
(a)Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.
(b)The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.
(c)The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.
(d)If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises;
provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.
(e) (1)When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.
(2)The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.
(f)The Government has the right either to reject or to require correction of nonconforming supplies.
Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.
(g)The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.
(h)If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1)by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.
(i) (1)If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time- (i)When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and (ii)When the supplies will be ready for Government inspection.
(2)The Government’s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor’s plant, nor more than 7 workdays in other instances.
(j)The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.
(k)Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.
(l)If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1)at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor’s plant at the Contracting Officer’s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor’s plant and return to the original point when that point is not the Contractor’s plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.
52.247-34 F.o.b. Destination (Jan 1991)
(a)The term "f.o.b. destination," as used in this clause, means- (1)Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and
(2)Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.
(b)The Contractor shall-
(1) (i)Pack and mark the shipment to comply with contract specifications; or
(ii)In the absence of specifications, prepare the shipment in conformance with carrier requirements;
(2)Prepare and distribute commercial bills of lading;
(3)Deliver the shipment in good order and condition to the point of delivery specified in the contract;
(4)Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;
(5)Furnish a delivery schedule and designate the mode of delivering carrier; and
(6)Pay and bear all charges to the specified point of delivery.
AGAR Clauses
452.222-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec 2025)
(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)
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)
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 kathleen.melby@usda.gov and are due no later than May 4, 2026, at 3:00 PM Eastern Time. This will ensure enough time to respond before the solicitation period ends. Please include the solicitation name and number as the subject line of the email.
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.240-90 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) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 mailto:kathleen.melby@usda.gov
☒ 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
52.225-18 Place of Manufacture (Aug 2018)
(a) Definitions. As used in this provision— Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-
(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) □ Outside the United States.
(End of provision)
52.233-2 Service of Protest (Sep 2025)
(a) Protests, (as defined in FAR 33.102), that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), must be served on the Contracting Officer identified in the solicitation by obtaining written and dated acknowledgment of receipt from them.
(b) The copy of any protest must be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
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:
(3) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution.
(4) 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)
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