12639526Q0094.docx

Attachment 1 - Solicitation Terms and Conditions Solicitation Number:

Building Automation System Maintenance Solicitation 12639526Q0094

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Part 12. This announcement constitutes the solicitation in its entirety. Quotes are being requested, and a separate written solicitation will not be issued.

Solicitation number 12639526Q0094 is issued as a Request for Quotations. Award will be made on Standard Form 1449.

This solicitation incorporates clauses and provisions by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

The applicable North American Industry Classification Standard Code is 811210 Electronic and Precision Equipment Repair and Maintenance. The small business size standard is $34M. This acquisition is a Total Small Business Set-Aside. All responsible small businesses may submit a quotation which will be considered by the agency.

The following documents are included as attachments to this solicitation.

1 – Price Schedule 2 – Statement of Work 3 – Wage Determination, Prince George’s County (2015-4281)

Complete the price schedule and send to james.g.roloff@usda.gov (Jim, 612-590-7603) no later than April 8, 2026, at noon CT. Your complete quote package must include the price schedule, a demonstration of relevant experience, and past performance information. See Evaluation and Basis for Award beginning on the next page.

Project Description

The National Center for Applied Plant Protection (NCAPP) in Laurel, Maryland, is a world reference laboratory for plant diagnostic testing and deals with many complex diseases and pathogens that threaten agricultural and native plants. The BSL-2 and BSL-3 buildings at NCAPP are some of the most complex buildings within APHIS. The building automation control systems at NCAPP are an integral part of the guaranteed quarantine integrity of the specialized buildings and the continuance of the containment of BSL-3AG agricultural plant pathogens and Select Agents required by 7 CFR 331.

The facility’s building automation system is a blend of Distech Controls and American Auto-Matrix requiring service, system review, checkout and system-wide backup. NCAPP experiences control sequence, and temperature/operational stability problems with intermittent sensor reading fluctuations and loss of control/program settings. The maintenance/testing control work is important to keeping this mission critical facility operating smoothly 24/7 to prevent or reduce failures which could greatly affect the operation of the pathogen testing program and possible breach in containment of the Ag Select Agents.

Location

USDA-APHIS-PPQ-RMS

Building 580 Powder Mill Road Laurel, MD 20705

Award Type and Completion

It is anticipated that a firm-fixed price service purchase order, consisting of a base year and two option years, will be awarded as a result of this synopsis/solicitation.

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. Quotes will be evaluated using the lowest price, technically acceptable approach. Only the lowest priced quote will be evaluated for technical acceptability. Should the lowest priced quote not receive an acceptable technical or past performance rating, the process will continue in order of lowest priced quote until the lowest price, technically acceptable quote with acceptable or neutral past performance is identified.

This method is appropriate when it is in the Government’s best interest to award to the responsible quoter that submits a technically acceptable quote with the lowest evaluated price. This approach represents the best value to the Government.

A responsible quoter will:

Have the ability to comply with the required delivery or performance schedule, taking into consideration other business commitments.

Have a satisfactory record of performance and integrity.

Have a satisfactory safety and environmental record.

Have satisfactory references (see Past Performance below).

Have the necessary facilities, equipment, materials, personnel, organization, experience, technical skills, and financial resources to fulfill the terms of the resultant contract.

For the past five years on any project the quoter was involved with, identify whether the quoter has had any of the following actions taken, and if so, explain the reasons for and the remedy/resolution of the action:

(Note: if the quoter did not have any of the following actions taken, include a statement to identify that fact in your quote.)

· Terminated for default

· Received cure notice

· Received show cause notice

It is a quoter’s responsibility to submit a well-written quote, with adequately detailed information, which clearly demonstrates compliance with the solicitation requirements and allows for a meaningful review by the government. Quoters are advised that the USDA intends to award without negotiations, so any omissions may cause the quote to be found technically unacceptable.

The following factors will be used to evaluate quotes and make an award decision:

Price

Generally, price reasonableness may be determined based on adequate competition. However, in evaluating price reasonableness, the contracting officer may consider other information as necessary to establish a fair and reasonable price. Price evaluations will include price realism analysis for the purpose of measuring a contractor’s understanding of the contract requirements and/or assess the risk inherent in a contractor’s proposal. This evaluation technique determines if price submissions:

(1) Are realistic for the work to be performed

(2) Reflect a clear understanding of the requirements, and

(3) Are consistent with the various elements of the offeror’s technical proposal. Contractor submissions that are either too low or too high will be deemed unreasonable or incorporating too much risk for the government to accept.

Technical Acceptability

The service needs to be performed by a trained and certified controls specialist in both Auto-Matrix and Distech Controls. Any new or replacement components for the building automation system must be Distech Controls. The controls specialist must be able to pass a Security Risk Assessment and complete Select Agent training to work in the high containment facility and the site-specific working knowledge of the 176-unit system controllers/programs. Lastly, an authorized Distech control specialist is needed in order to maintain any warranties that are associated with the building automation system in the BSL-3.

Past Performance

Past performance is a measure of the degree to which an offeror has satisfied customers in the past, and complied with federal, state, and local laws and regulations. The assessment of past performance will be subjective and based mainly on offeror reputations with customers and adherence to schedules. The Government may evaluate the performance data provided by offerors or obtained from other sources. Past performance assessments may be based on information such as the contracting officer’s and evaluator’s knowledge of previous experience with the supply or service being acquired, customer surveys, or other reasonable basis. The assessment will consider the contractor’s record of conforming to specifications, and to standards of good workmanship/customer service. In addition, adherence to contract schedules, including the administrative aspects of performance, will be taken into consideration. The currency and relevance of the information, source of the information, context of the data, and general trends in contractor’s performance shall be considered. References must include:

Contract number and price Project title or name Location Award and completion dates Name, phone, and email address of the contact person familiar with the project

Federal Acquisition Regulation (FAR) and U.S. 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. Acceptance of the purchase order in accordance with 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 and certifications based on provisions that are not included in this solicitation. Contracting officers will rely on representations and certifications from quotes 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 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

The following clauses are applicable if checked:

☐ 52.204-91 Contractor identification (Nov 2025)

☒ 52.222-41 Service Contract Labor Standards (Aug 2018) ☒ 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)

☐ Alternate I (Jan 2017) of 52.224-3 ☐ 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

AGAR Clauses

452.204–70 Modification for Contract Closeout (Nov 2025)

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

(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation.

The contractor will receive a copy of the modification and will be required to provide a signature.

(The Contracting Officer may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 60 days, the Contracting Officer shall release the modification as unilateral and proceed with contract close-out upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

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

(End of Clause)

452.222-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec 2025)

(a) By entering into this contract, the Contractor certifies that:

It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.

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

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

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

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

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

(f) The Contractor must include the provisions of this clause in all subcontract solicitations.

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

(End of Clause)

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

The following provisions are applicable if checked:

☐ Alternate I (Nov 2025) to 52.204-7

Other Applicable FAR Provisions

52.217-5 Evaluation of Options (Nov 2025) 52.233-2 Service of Protest (Sep 2025)

AGAR Provisions

452.203-70 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Certification (Dec 2025)

(a) By submission of its offer, the offeror certifies that:

1. It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution.

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

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

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

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

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

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

(End of Provision)

NOTICE FOR FILING AGENCY PROTESTS

United States Department of Agriculture (USDA) Ombudsman Program

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

Informal Forum with the Ombudsman

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

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

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

Formal Agency Protest with the Ombudsman

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

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

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

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

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

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

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

(End of Provision)