12639526Q0102-0001.pdf
PDF 606 KB Posted
- Solicitation number
- 12639526Q0102
About this file
This is a solicitation amendment and contract document for a third-party review of the USDA's Center for Veterinary Biologics (CVB) authorities, regulations, and guidance documents.
The requirement calls for comprehensive third-party review and assessment of CVB's statutory authorities, regulations, memorandums, notices, and guidance documents. A firm-fixed-price commercial services contract will be awarded to one offeror. The Government intends to make a single award, requiring all offerors to submit pricing for all items. The quotation submission deadline was extended to May 28, 2026, at 5:00 PM Central Time. Offerors must submit quotations not exceeding 25 pages in PDF format with minimum 12-point font, with pricing provided on the SF-1449 Schedule of Items. The period for price acceptance is 90 calendar days from the receipt date. Questions must be submitted by May 8, 2026, at 5:00 PM Central Time to stephen.tees@usda.gov.
Evaluation will be based on technical approach (listed in descending order of importance), fair and reasonable pricing, and past performance rated as acceptable or neutral. Technical evaluation criteria require proposed key personnel resumes demonstrating qualifications per the Performance Work Statement Section 7.0, detailed explanation of experience and ability to perform required services addressing PWS Sections 3.0 and 4.0, up to three comparable project references from the past three years, and disclosure of any planned or potential use of AI technologies with required Statement of Attestation. The contract is subject to numerous FAR and AGAR clauses including those addressing DEI compliance, unenforceable supplier terms, privacy and data ownership, cybersecurity, and AI governance requirements. The solicitation incorporates Attachment 2 (PWS Attachment Veterinary Services Memorandum No. 800.2) and removes AGAR clauses 452.239-72 and 452.239-75. The contracting activity is USDA APHIS located in Minneapolis, Minnesota.
View the file
Other files
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
(x)
12639526Q0102 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
05/02/2026
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 solicitation is amended with the following changes:
1. Performance Work Statement (PWS) Section 7.0 Contractor's Key Personnel, is revised to include Subject Matter Expert (SME) support requirements.
2. Provision 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services (Nov 2025), is revised to incorporate formatting and submission requirements.
3. AGAR clauses 452.239-72 and 452.239-75 are removed from the solicitation.
4. Attachment 2 - PWS Attachment Veterinary Services Memorandum No. 800.2 is added to the solicitation attachments.
5. The quotation submission due date is extended to May 28th at 5:00 PM CT.
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)
STEPHEN C. TEES
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 .
Third-Party Review of the USDA's Center for Veterinary Biologics (CVB) Authorities, Regulations, and Guidance Documents
12639526Q0102-0001
Statement of Requirement This requirement is for the comprehensive third-party review and assessment of the USDA's Center for Veterinary Biologics’ (CVB) statutory authorities, regulations, memorandums, notices and other guidance and supporting documents. See Attachment 1 – Performance Work Statement (PWS) for a complete list of requirements.
Technical Data Technical data and supporting documentation associated with this solicitation are available through the following sources:
1. Solicitation Attachments The following documents are included as attachments to this solicitation and can be accessed via the “Attachments/Links” section of the posting.
Attachment 1 - Performance Work Statement (PWS) Attachment 2 - PWS Attachment Veterinary Services Memorandum No. 800.2 Attachment 3 - Performance Work Statement (PWS) Amendment 0001
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 contract 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) 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) 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)
12639526Q0102-0001
52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025) 52.240-91 Security Prohibitions and Exclusions (Nov 2025) 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 ☐ 52.222-41 Service Contract Labor Standards (Aug 2018) ☐ 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) ☐ 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)
12639526Q0102-0001
☐ 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014)
☐ 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (Nov 2025)
☒ 52.222-54 Employment Eligibility Verification (Nov 2025) ☐ 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) ☒ 52.222-90 Addressing DEI Discrimination by Federal Contractors (Apr 2026) ☒ 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (Nov 2025) ☐ 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)
☐ Alternate I (May 2008) of 52.223-9 ☐ 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Nov 2025) ☐ 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Nov 2025) ☒ 52.223-23 Sustainable Products and Services (Nov 2025) ☐ 52.224-3 Privacy Training (Jan 2017)
☐ Alternate I (Jan 2017) of 52.224-3 ☐ 52.225-1 Buy American-Supplies (Nov 2025)
☐ Alternate I (Oct 2022) of 52.225-1 ☐ 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025)
☐ Alternate II (Nov 2025) of 52.225-3.
☐ Alternate III (Nov 2025) of 52.225-3.
☐ Alternate IV (Oct 2022) of 52.225-3
☐ 52.225-5 Trade Agreements (Nov 2023) ☐ 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States (May 2020) ☐ 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct 2016) ☐ 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ☐ 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025) ☐ 52.229-12 Tax on Certain Foreign Procurements ☐ 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ☐ 52.232-30 Installment Payments for Commercial Products and Commercial Services (Nov 2021) ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) ☐ 52.232-34 Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) ☐ 52.232-36 Payment by Third Party (Nov 2025) ☐ 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)
12639526Q0102-0001
☐ 52.237-3 Continuity of Services (Jan 1991) ☐ 52.240-92 Security Requirements (Nov 2025) ☒ 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025) ☐ 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025)
☐ Alternate I (Apr 2023) of 52.247-64.
☐ Alternate II (Nov 2021) of 52.247-64
Other Applicable Clauses ☒ 52.227-14 Rights in Data-General (May 2014)
AGAR Clauses 452.203-71 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.
12639526Q0102-0001
(e) Submission of a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contract may subject the Contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.
(f) The Contractor must include the provisions of this clause in all subcontract solicitations.
(g) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.
(End of Clause)
AGAR 452.203-72 Unenforceable Supplier Terms (APR 2026)
(a) Definitions.
Supplier terms mean provisions customarily drafted by vendors of supplies or services and intended to create a binding legal obligation on the end user. The term applies:
1. Regardless of the format or style of the document. For example, supplier terms may appear in standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order or otherwise become effective after the contract date.
2. Regardless of the media or delivery mechanism used. For example, supplier terms may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.
(b) Applicability. When any supply or service acquired under this contract is subject to supplier terms, the supplier terms are deemed part of the contract only to the extent they are consistent with this clause. Supplier terms that conflict with any part of this clause, the contract, or Federal law are void and will not be considered incorporated into a contract, even if they are physically present in a contract documentation or systems. In the event of any inconsistency between supplier terms and this contract, this clause and the terms of the Government contract shall govern and supersede any supplier terms in all cases.
(c) Authorization Required. Notwithstanding any other provision, no supplier terms shall be binding on the Government unless the term is expressly authorized on the USDA Supplier Terms Authorization Form signed by the Contracting Officer, and the completed Authorization Form has been incorporated into the contract.
(d) Unenforceable Terms. Any supplier terms that impose obligations or restrictions inconsistent with applicable Federal law are unenforceable against the Government and deemed stricken from the agreement. This includes, but is not limited to, any clause that:
12639526Q0102-0001
1. Requires the Government to pay future fees, penalties, interest, legal costs, earlytermination fees, cancellation fees, minimum purchase commitments, trueup payments, seatcount minimums, usage minimums, continueduse charges, or any other financial obligation not expressly authorized by the contract.
2. Requires the Government to indemnify the contractor or any other entity.
3. Restricts the Government’s ability to obtain similar supplies or services from another source.
4. Imposes any penalty, financial or otherwise, based on the Government’s decision not to exercise an option.
5. Subjects the United States Government to the laws of any U.S. state, territory, district, municipality, or foreign nation, except where Federal law expressly permits such application.
6. Requires dispute resolution in a forum or venue other than one prescribed by applicable
Federal law.
7. Establishes a period of limitations for bringing an action that differs from that provided by applicable Federal law.
8. Grants the contractor rights to use, mine, access, aggregate, analyze, or otherwise exploit
Government data, usage data, or metadata.
9. Deems the Government to have accepted initial or revised terms based on silence, continued performance, or failure to object.
10. Grants the supplier the right to audit Government facilities, systems, records, or use of the product or service, except as expressly authorized by the contract and applicable Federal law.
11. Requires the Government to accept supplier security requirements, network access requirements, monitoring, penetration testing, or other technical or security measures.
12. Permits the supplier to suspend, degrade, or terminate access to products or services based on alleged nonpayment, alleged breach, automated security triggers.
13. Limits the Government’s right to use, install, access, test, evaluate, or transfer the licensed product or service in any manner consistent with the contract and Federal law.
14. Requires the Government to store, process, maintain, or transmit data in a particular geographic location, or permits the supplier to transfer Government data outside the United States, except as expressly authorized by applicable Federal law.
12639526Q0102-0001
15. Authorizes the supplier to use the Government’s name, seal, trademark, logo, or any reference to the Government as an end user or customer for marketing, publicity, promotional activities, press releases, or similar purposes.
16. Incorporates by reference, or requires the Government to accept, terms or conditions imposed by any third party, subcontractor, or upstream service provider, unless such terms are expressly incorporated into the contract by bilateral modification.
17. Limits, conditions, or negates the contractor’s performance obligations, service levels, or remedies through a supplier-provided service level agreement (SLA).
18. Uses Government data, usage data, metadata, prompts, content, or interactions to train, fine-tune, improve, or derive any artificial intelligence, machine learning, or automated decision-making model.
19. Subjects the Government to automated decision-making, automated risk scoring, automated content moderation, or any algorithmic process that may affect access, performance, or rights under the contract.
20. Utilizes artificial intelligence or algorithmic tools that produce decisions, recommendations, or outputs affecting contract performance without providing transparency, explainability, auditability, and bias-mitigation consistent with applicable Federal law and policy.
21. Profiles, tracks, or analyzes Government user behavior, preferences, communications, or interactions for personalization, marketing, or algorithmic optimization purposes.
(e) Non-binding Actions. Neither the Government nor any Government authorized end user is deemed to have consented to any term, condition, or clause by virtue of its inclusion in the supplier agreement or through the use of clickwrap, browsewrap, “I agree” mechanisms, or similar means. Execution of such mechanisms does not bind the Government or its authorized end users to any unenforceable terms.
(f) End user. The supplier agreement shall bind the ordering activity as the end user to the extent it does not conflict with the terms of this clause, but it shall not bind or impose personal liability on any Government employee or any person acting on behalf of the Government in their personal capacity.
(g) Law and disputes. The supplier agreement is governed by Federal law.
(h) Statutory exception. This clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(i) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate, or suspend any rights granted to the Government except as allowed by the contract. If the supplier or licensor believes the ordering activity to be in breach of the supplier agreement, it shall pursue its
12639526Q0102-0001 rights under the Contract Disputes Act or other applicable Federal statute while proceeding diligently with performance, pending final resolution of any dispute in accordance with the Disputes Clause at FAR 52.212-4(d) or FAR 52.233-1, as applicable.
(j) Arbitration. Binding arbitration shall not be used unless specifically authorized by agency guidance.
(k) Equitable or injunctive relief. Equitable or injunctive relief, including the award of attorney fees, costs, or interest, may be awarded against the United States Government only when explicitly provided by statute (e.g., the Prompt Payment Act or the Equal Access to Justice Act).
(l) Revisions to supplier agreements. Any revisions to the supplier agreement must be incorporated into the contract using a bilateral modification. Unilateral revisions are not binding on the Government.
(m) No automatic renewals. If any license or service tied to periodic payment is provided under the supplier agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express written consent from an authorized Government representative.
(n) Indemnification. Any clause of the supplier agreement requiring the supplier or licensor to defend or indemnify the end user is amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.
(o) Taxes or surcharges. Any taxes or surcharges which the supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the associated Government contract or order and must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed otherwise.
(p) Non-assignment. The supplier agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government’s prior approval, except as expressly permitted by FAR 52.212-4(b) or FAR 52.232-23, as applicable.
(q) Confidential information. If the supplier agreement includes a confidentiality clause, such clause is amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in the supplier agreement to the contrary, the Government may retain any confidential information as required by law, regulation, or its internal document retention procedures for legal, regulatory, or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of the supplier agreement.
(r) Conflict with Federal law. If any other language, provision, or clause of the supplier agreement conflicts or is inconsistent with Federal law or the terms and conditions of this contract, such language, provisions, or clauses will be considered null and void and will not be binding on the United States Government.
452.204–70 Modification for Contract Closeout (Apr 2026)
(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) may issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but is not required to provide a signature. The Contracting Officer will immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
(b) For commercial contracts not exceeding the simplified acquisition procedure threshold under FAR 12.001(c), if more than $1,000 in unliquidated funds remain at closeout, the Contracting Officer will issue a bilateral deobligation modification. Only the modification requires the contractor’s signature, though a Release of Claims may be requested. If the required documents are not returned within 60 days, the Contracting Officer will issue a unilateral modification and proceed with closeout once performance is complete, acceptance is confirmed, and final payment is made.
(c) For all other non-commercial or non–cost‑reimbursement contracts, if more than $1,000 in unliquidated funds remain at closeout, the Contracting Officer will issue a bilateral deobligation modification and a Release of Claims, both requiring contractor signature. If these documents are not returned within 120 days, the Contracting Officer will issue a unilateral modification u and proceed with closeout upon completion of performance, acceptance, and final payment.
452.239-73 Privacy and Data Ownership (Sept. 2025)
(a) The Contractor must comply with all applicable federal privacy laws, regulations, and guidance, including but not limited to:
1. OMB Memorandum M-25-21, Accelerating Federal Use of AI through Innovation, Governance, and Public Trust.
2. OMB Memorandum M-25-22, Driving Efficient Acquisition of Artificial Intelligence in
Government.
3. OMB Circular A-130, Managing Information as a Strategic Resource.
4. The Privacy Act of 1974 as amended.
5. FAR 52.224-1 (Privacy Act Notification) and FAR 52.224-2 (Privacy Act).
(b) The Contractor must: ensure that Personally Identifiable Information (PII) and other sensitive data are handled in accordance with USDA’s privacy risk management framework; support
12639526Q0102-0001 transparency requirements by documenting the data elements collected, their intended use, and any automated decision-making associated with them, consistent with the Fair Information Practice Principles (FIPPs); coordinate with the USDA Privacy Officer and Contracting Officer’s Representative (COR) to determine whether a Privacy Impact Assessment (PIA) is required.
1. A PIA is required when AI systematically and extensively evaluates personal aspects based on automated processing, including profiling; involves large-scale processing of special categories of data, such as health, biometric, racial, or political data; uses new or innovative technology (like AI/ML) in ways that could impact privacy; involves monitoring of publicly accessible areas on a large scale; presents high risks to individuals' rights and freedoms.
2. If a PIA is required, the Contractor must provide timely inputs to the Government for completion of the PIA prior to deployment or significant updates to any system; implement appropriate administrative, technical, and physical safeguards to protect PII and sensitive data, including: encryption at rest and in transit; role-based access controls; data minimization and retention limits; audit logging and incident detection; transparency measures, user notice, consent where applicable, and redress mechanisms.
3. The PIA must include appropriate administrative, technical, and physical safeguards to protect PII and sensitive data, to include encryption at rest and in transit; role-based access controls; data minimization and retention limits; audit logging and incident detection;
transparency measures, user notice, consent where applicable, and redress mechanisms. This includes:
i. Description of data minimization, de-identification, and access control measures.
ii. Description of how the AI system will support privacy auditing and redress capabilities, where applicable.
(c) Privacy Risk Assessments. The Contractor must conduct Privacy Risk Assessments for systems or components that involve AI, data analytics, or automated decisions affecting individuals or communities. The Privacy Risk Assessment must outline: the extent to which the Offeror identifies and assesses potential privacy risks to individuals arising from the collection, use, retention, or sharing of personally identifiable information (PII); demonstrated understanding of the system's data flows, including data minimization, retention, and disclosure practices; strategies to mitigate privacy risks, including technical and administrative safeguards
Any AI system used in the performance of this contract must be evaluated by the Contractor for its potential to re-identify anonymized data; perpetuate bias or discrimination through data use; or infringe upon individual rights under the Privacy Act.
(d) Incident Notification. The Contractor must notify the Contracting Officer and USDA Security Operations Center within 24 hours of discovering any actual or suspected breach involving PII or AI hazards. A formal written report must be submitted to the COR within three business days with findings and proposed corrective actions.
(e) Data Ownership and Return
12639526Q0102-0001
All Government-furnished or Government-collected PII remains the property of the U.S.
Government. Upon completion or termination of this contract, the Contractor must return or securely destroy all such data unless otherwise directed by the Contracting Officer.
Solicitation Information
Award Type It is anticipated that a firm-fixed-price commercial services contract will be awarded as a result of this 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 Criteria The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 12.203 based on the criteria listed below. Award will be made to the offeror with the highest technically rated quotation with fair and reasonable pricing and acceptable or neutral past performance.
Technical Approach:
The technical approach will evaluate the ability of the offeror to provide a sound and compliant approach that meets all requirements and shows a thorough understanding of them. It is the contractor's responsibility to ensure their quotation clearly demonstrates their capability to meet these requirements. All offerors must provide the following minimum information and documentation with their quotations to be considered responsive and have their offers evaluated (listed in descending order of importance):
Provide resumes for all proposed key personnel. Each resume must, at a minimum, demonstrate that the individual meets or exceeds the skills and experience qualifications specified in the PWS (See Section 7.0).
o Professional references with direct knowledge of each individual’s skills and experience must be included.
o Any potential organizational or personal conflicts of interest must be fully disclosed.
o For all personnel proposed to be hired, include a signed contingent letter by that person indicating willingness to be hired if the contract is awarded to the offeror.
Detailed explanation of the offeror’s experience and ability to perform the required services. A simple statement of capabilities will not suffice. The offeror must address how they will accomplish the requirements of section 3.0 and 4.0 of the PWS and clearly demonstrate the technical capability to meet these requirements.
o Offerors may submit up to three (3) references for similar work completed within the past three (3) years. Each reference must involve work comparable in scope, size, and complexity to this requirement.
12639526Q0102-0001 o Each reference must include:
Brief description of the project Dollar value and period of performance The offeror’s specific role (prime contractor, subcontractor, or joint venture partner) Tasks and responsibilities performed directly by the Offeror Information sufficient for the Government to verify the experience (e.g., contract number, customer organization, and point of contact)
Price:
The offeror must provide pricing for all the individual line items as requested in the SF-1449 Schedule of Items, including a total price. The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.
Past Performance:
The Government may utilize any references provided by the Contractor, along with information available from past contracts/orders with the USDA and any information found using sources such as Federal Government sources or the Contractor Performance Assessment Reporting System (CPARS) to determine if the Contractor has acceptable or neutral Past Performance. Past Performance will be evaluated using the following rating system:
Acceptable: The contractor shows a demonstrated ability to meet contract requirements in prior or current contracts, including quality of work, timeliness, cost control, business relations, and adherence to contract terms.ௗ
Neutral: Offeror does not have a past performance record.
Unacceptable: The contractor has a documented history of failing to meet contract requirements, including poor quality, missed deadlines, cost overruns, lack of responsiveness, or unethical behavior.ௗ
Note: The offeror must disclose in a statement any planned or potential use of AI technologies in the performance of this contract and a Statement of Attestation if applicable, in accordance with AGAR provision 452.239-70, Notice of Potential Use of Artificial Intelligence (Sept 2025).
Failure to provide required information may result in the quotation being excluded from further consideration.
Evaluation Method:
All quotations will be evaluated to identify the offeror presenting the mostௗtechnically advantageous solutionௗbased on the stated evaluation criteria. Once the highest technically rated offeror is identified, theirௗpriceௗwill be evaluated to determine whether it isௗfair and reasonable. Past performanceௗwill also be assessed to ensure it isௗacceptable or neutral.
12639526Q0102-0001
Award will be made to the offeror whose proposal is determined to be theௗhighest technically rated, provided that:
The proposed price isௗfair and reasonable, and
Past performance is assessed asௗacceptable or neutral.
Awardௗwill not necessarily be made to the lowest-priced offeror. Tradeoffs will not be conducted.
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 not exceed 25 pages, be submitted in PDF format, and use a font size no smaller than 12-point. Page limits apply to all content submitted by the quoter, excluding the SF-1449 and SF-30 forms. Any pages submitted beyond the 25-page limit will not be reviewed or evaluated.
Quotations may be submitted either as a single consolidated document or organized into multiple volumes. If submitted in volumes, the combined total of all volumes shall not exceed the 25-page limit.
All submissions must use single spacing or greater; reduced line spacing that results in compressed or difficult to read text is not permitted.
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 must be submitted via email to stephen.tees@usda.gov and are due no later than May 8, 2026, at 5:00 PM Central 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. Any questions received after that date may not be accepted or answered. Telephonic inquiries will not be honored.
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)
12639526Q0102-0001
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Sep 2025) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (Nov 2025)
The following provisions are applicable if checked:
☒ 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024) ☒ 52.204-7 System for Award Management—Registration (Nov 2025)
☐ Alternate I (Nov 2025) to 52.204-7 ☐ 52.204-90 Offeror Identification (Nov 2025) ☐ 52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024) ☐ 52.209-12 Certification Regarding Tax Matters (Oct 2025) ☐ 52.219-2 Equal Low Bids (Nov 2025) ☐ 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (Feb 2021) ☐ 52.222-48 Exemption from Application of the Service Contract Labor Standards for Maintenance, Calibration, or Repair of Certain Equipment–Certification (Nov 2025) ☐ 52.222-52 Exemption from Application of the Service Contract Labor Standards for Certain Services-Certification (Nov 2025) ☐ 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020) ☐ 52.223-4 Recovered Material Certification (May 2008) ☐ 52.225-2 Buy American Certificate (Oct 2022) ☐ 52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Nov 2025) ☐ 52.225-6 Trade Agreements-Certificate (Feb 2021) ☐ 52.226-3 Disaster or Emergency Area Representation (Nov 2007) ☒ 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Jul 2025)
Other Applicable FAR Provisions 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:
(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.
12639526Q0102-0001
(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)
452.239-70 Notice of Potential Use of Artificial Intelligence (Sept. 2025)
(a) The USDA hereby provides notice regarding the potential development and/or use of Artificial Intelligence (AI) technologies in connection with the performance of the contract. As part of this solicitation, the Agency is required to disclose whether the AI systems to be developed and/or used under this contract are expected to have high-impact AI implications.
(b) High-Impact AI: AI is considered high-impact when its output serves as a principal basis for decisions or actions with legal, material, binding, or significant effect on:
1. An individual’s or entity’s civil rights, civil liberties, or privacy;
2. An individual or entity’s access to housing, insurance, credit, employment, and other programs;
3. An individual or entity’s access to critical government resources or services;
4. Human health and safety;
12639526Q0102-0001
5. Critical infrastructure or public safety; or
6. Strategic assets or resources, including high-value property and information marked as sensitive or classified by the Federal Government.
(c) The Agency has determined that the following is true of AI under this contract (the Contracting Officer shall select one of the following):
☐ High-impact AI will be developed as a deliverable of this contract.
☐ High-impact AI will be used in the performance of this contract.
☐ AI will be developed in this contract but it will not involve high-impact AI.
☒AI will be used in this contract but it will not involve high-impact AI.
☐ The Agency does not anticipate AI development or use in this contract. However, the Contractor must certify this in their submission.
(d) The Offeror must clearly disclose in a statement no longer than one page any planned or potential use of AI technologies in the performance of this contract. This includes, but is not limited to, the use of AI for data analysis, decision support, automation, predictive modeling, or natural language processing. The disclosure must identify the specific AI tools, models, platforms, or methodologies proposed, explain the purpose and function of the AI components, and describe how the use aligns with federal principles of transparency, accountability, and equity.
(e) Additionally, whether high-impact or not, the Offeror must disclose through a Statement of Attestation whether the proposed AI system is expected to impact or could potentially impact:
privacy rights, including the collection, storage, or processing of personal data; civil liberties, such as freedom of expression, association, or assembly; discrimination or bias against individuals or groups, particularly regarding race, gender, ethnicity, or other protected categories.
(f) The Statement of Attestation must be certified by an authorized agent able to bind the Contractor. At a minimum, it must include the following:
1. The disclosures listed in the paragraph (e).
2. An assertion identifying if the AI qualifies as being high-impact.
3. If high-impact, any supporting rationale that the Contractor relied on to determine that the AI qualifies as being high-impact.
4. A detailed description/account of those safeties or rights that can be impacted by the AI, if the AI qualifies as high-impact.
5. A description of all controls, processes, technologies, and/or mechanisms used to satisfy the Office of Management and Budget Memorandum (M-25-21) requirements.
6. A description of the provenance of data used to train, fine-tune, or operate the AI.
7. An assertion that the Contractor owns or possesses all legally required rights, copyright, and licenses to use the AI, and that the Government’s use of the AI in performance of the contract does not and will not infringe upon or violate any intellectual property rights or any other third-party rights of any kind. All licenses must include licenses to the Government and, in accordance with FAR 52.227-14(c)(2)(i) and (ii), the Contractor asserts it will acquire on behalf of the Government a license of the same scope as that held by the Contractor.
8. An assertion that the Contractor will report any claims of copyright infringement based upon performance of the contract in accordance with FAR 52.227-2.
9. An assertion that the Contractor will indemnify the Government against any liability incurred as the result of the violation of trade secrets, copyrights, or right of privacy or publicity under the contract, in accordance with FAR 52.227-18(b).
10. An assertion that there have been no persisting or existing material errors, defects, failures, or interruptions in the AI or in the performance of its intended purpose, and that the AI has materially performed in accordance with its specifications and intended purpose.
11. Description of the AI system or application; the purpose and function of the AI system; any potential or known impact the AI system may have on individual rights, including but not limited to privacy, non-discrimination, due process, and freedom of expression; measures taken to mitigate or address any potential risks to individual rights; whether the AI system proposed is anticipated to have any human health or safety-related impacts, including:
potential safety risks to human operators, end-users, or other individuals affected by the AI system; environmental or infrastructure risks, including unintended outcomes that could affect public or private property; and the possibility of system malfunctions or failure modes that could lead to safety hazards; and the extent to which data subjects can opt-out, correct, or request the deletion of their personal data processed by AI.
(g) If high-impact AI technologies are proposed, the Offeror must comply with all applicable laws, regulations, and Agency policies designed to mitigate associated risks. This includes, but is not limited to, conducting proper risk assessments, ensuring transparency in decision-making, and implementing appropriate safeguards for privacy, fairness, and accountability.
(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.
12639526Q0102-0001
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.
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .