12639526Q0274.pdf

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP)

USDA Agriculture Marketing Service 801 Summit Crossing Place, Suite B Gastonia, North Carolina 28054

VENDOR:

ADDRESS:

UEI SAM:

Both Hydrogen and Nitrogen Generators 12639526Q0274

Statement of Requirement The United States Department of Agriculture (USDA), Animal Plant & Health Inspection Service (APHIS), AMS-National Science Laboratories in Gastonia, NC requests both a hydrogen and nitrogen generator.

Schedule of Items Unit price(s) must include all costs associated with performing all work required in a complete and acceptable manner.

CLIN Description Estimated Quantity

Unit of Issue

Unit Cost Total

0001 Peak - Infinity XE6020 N2 Generator

1 EA

0002 Peak - Intura 250 H2 generator 1 EA

TOTAL

All items must have clear traceability to the Original Equipment Manufacturer (OEM), Traceability means a clear, complete, documented, and auditable paper trail which traces each step from an OEM or distributor to its current location.

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

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

Statement of Work

Project

Purchase of both hydrogen and nitrogen generator.

General Information

1.0 Scope of Work

AMS-National Science Laboratories in Gastonia, NC requests both a hydrogen and nitrogen generator.

2.0 Background

Reliable access to high purity nitrogen and hydrogen is critical for gas and liquid chromatographic analysis. Replacing cylinder-based gases with an on demand generator will reduce recurring rental, delivery, and handling costs, minimizing operational downtime and staff labor associated with cylinder changes. AMS-National Science Laboratories in Gastonia, NC requests both a hydrogen and nitrogen generator.

3.0 Technical Requirements / Tasks:

Hydrogen Generator shall produce 99.99999% pure Hydrogen at 250 cc/min. Maintenance shall be minimal (annual DI cartridge change).

Nitrogen Generator shall produce 95-99.5% pure Nitrogen at 260 sLPM and 145psig.

Installation from vendor on-site to ensure performance.

4.0 Government Furnished

N/A

5.0 Delivery

USDA Agriculture Marketing Service 801 Summit Crossing Place Suite B Gastonia, North Carolina 28054

Federal Acquisition Regulation (FAR) and United States Department of Agriculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions.

Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2025) Alternate I (Nov 2025) of 52.212-4

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) 52.222-50 Combating Trafficking in Persons (Nov 2025)

Alternate I (Nov 2025) of 52.222-50 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest After Award (Sep 2025) 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025) 52.240-91 Security Prohibitions and Exclusions (Nov 2025)

Alternate I (Nov 2025) of 52.240-91 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)

The following clauses are applicable if checked:

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I (Nov 2021) of 52.203-6

52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-13 System for Award Management—Maintenance (Nov 2025) 52.204-91 Contractor identification (Nov 2025) 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Sep 2025)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov

2025) 52.219-6 Notice of Total Small Business Aside (Nov 2025)

Alternate I (Mar 2020).

52.219-8 Utilization of Small Business Concerns (Nov 2025) 52.219-9 Small Business Subcontracting Plan (Nov 2025)

Alternate III (Nov 2025) of 52.219-9.

Alternate IV (Nov 2025) of 52.219-9

52.219-14 Limitations on Subcontracting (Nov 2025) 52.219-16 Liquidated Damages—Subcontracting Plan (Nov 2025) 52.219-33 Nonmanufacturer Rule (Nov 2025) 52.222-3 Convict Labor (June 2003) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2025) 52.222-35 Equal Opportunity for Veterans (Nov 2025)

Alternate I (Jul 2014) of 52.222-35 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025)

Alternate I (Jul 2014) of 52.222-36 52.222-37 Employment Reports on Veterans (Nov 2025) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits

$XX.XX

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018)

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014)

52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014)

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (Nov 2025)

52.222-54 Employment Eligibility Verification (Nov 2025) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) 52.222-90 Addressing DEI Discrimination by Federal Contractors (Apr 2026)

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (Nov 2025)

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)

Alternate I (May 2008) of 52.223-9 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Nov 2025) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Nov 2025) 52.223-23 Sustainable Products and Services (Nov 2025) 52.224-3 Privacy Training (Jan 2017)

Alternate I (Jan 2017) of 52.224-3 52.225-1 Buy American-Supplies (Nov 2025)

Alternate I (Oct 2022) of 52.225-1 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025)

Alternate II (Nov 2025) of 52.225-3.

Alternate III (Nov 2025) of 52.225-3.

Alternate IV (Oct 2022) of 52.225-3

52.225-5 Trade Agreements (Nov 2023) 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States (May 2020) 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct

2016) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025) 52.229-12 Tax on Certain Foreign Procurements 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services

(Nov 2021) 52.232-30 Installment Payments for Commercial Products and Commercial Services

(Nov 2021) 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) 52.232-34 Payment by Electronic Funds Transfer—Other Than System for Award Management

(Jul 2013) 52.232-36 Payment by Third Party (Nov 2025) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.237-3 Continuity of Services (Jan 1991)

52.240-92 Security Requirements (Nov 2025) 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025)

Alternate I (Apr 2023) of 52.247-64.

Alternate II (Nov 2021) of 52.247-64

Other Applicable Clauses

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

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.

(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 (Apr 2026)

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

(b) For commercial contracts not exceeding the simplified acquisition procedure threshold under FAR 12.001(c), if more than $1,000 in unliquidated funds remain at closeout, the Contracting Officer will issue a bilateral deobligation modification. Only the modification requires the contractor’s signature, though a Release of Claims may be requested. If the required documents are not returned within 60 days, the Contracting Officer will issue a unilateral modification and proceed with closeout once performance is complete, acceptance is confirmed, and final payment is made.

(c) For all other non-commercial or non–cost reimbursement contracts, if more than $1,000 in unliquidated funds remain at closeout, the Contracting Officer will issue a bilateral deobligation modification and a Release of Claims, both requiring contractor signature. If these documents are not returned within 120 days, the Contracting Officer will issue a unilateral modification u and proceed with closeout upon completion of performance, acceptance, and final payment.

(End of Clause)

452.211-72 Delivery of Excess Quantities (Sep 2025) The Contractor must deliver item quantities within allowable variations. Excess quantities received by the Government are considered delivered for the Contractor's convenience. The Government may keep excess quantities up to $250 in value without compensating the Contractor therefore, and the Contractor waives all rights, title, or interests therein. For excess quantities over $250, the Government may return the items at the Contractor’s expense or retain and pay at the contract unit price.

(End of clause)

Solicitation Information

Award Type

It is anticipated that a firm-fixed price requirements contract consisting of one (1) one-year period shall be awarded as a result of this synopsis/solicitation. The total duration of this contract shall not exceed ONE (1) year.

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.

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:

Ability of the offeror to meet the schedule requirements listed in the Statement of Work

(SOW).

Detailed explanation of any requirement listed in the SOW that cannot be successfully accomplished by the offeror.

Price:

The offeror shall provide pricing as requested in the Schedule of Items on page 3 of this Request for Quote. Failure to propose pricing for all 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.

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.

Evaluation Method:

All quotations will be evaluated to identify the offeror presenting the most technically advantageous solution based on the stated evaluation criteria. Once the highest technically rated offeror is identified, their price will be evaluated to determine whether it is fair and reasonable. Past performance will also be assessed to ensure it is acceptable or neutral.

Award will be made to the offeror whose proposal is determined to be the highest technically rated, provided that:

The proposed price is fair and reasonable, and Past performance is assessed as acceptable or neutral.

Award will not necessarily be made to the lowest-priced offeror. Tradeoffs will not be conducted.

Delivery Information

F.o.b. destination, is requested as the F.O.B. point for all deliverables.

All offers will be considered F.O.B. Destination unless F.O.B. origin is specified AND estimated shipping costs are included.

The USDA requires delivery of all items within 30 days of award. Early deliveries will be accepted.

Shipping Instructions:

Items shall be shipped to the following address:

USDA AMS S & T

801 SUMMIT CROSSING PLACE

SUITE B

GASTONIA, NC 28054

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 Latisha.a.Hollman@usda.gov and are due no later than August 21, 2026, at 5:00 PM Easter Daylight 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)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations - Representation (Sep 2025)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Sep 2025)

52.240-90 Security Prohibitions and Exclusions Representations and Certifications (Nov 2025)

The following provisions are applicable if checked:

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024)

52.204-7 System for Award Management—Registration (Nov 2025) Alternate I (Nov 2025) to 52.204-7

52.204-90 Offeror Identification (Nov 2025) 52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming

Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024) 52.209-12 Certification Regarding Tax Matters (Oct 2025) 52.219-2 Equal Low Bids (Nov 2025) 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (Feb

2021) 52.222-48 Exemption from Application of the Service Contract Labor Standards for

Maintenance, Calibration, or Repair of Certain Equipment–Certification (Nov 2025) 52.222-52 Exemption from Application of the Service Contract Labor Standards for Certain

Services-Certification (Nov 2025) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020) 52.223-4 Recovered Material Certification (May 2008) 52.225-2 Buy American Certificate (Oct 2022) 52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Nov 2025) 52.225-6 Trade Agreements-Certificate (Feb 2021) 52.226-3 Disaster or Emergency Area Representation (Nov 2007) 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Jul 2025)

Other Applicable FAR Provisions

52.225-18 Place of Manufacture (Aug 2018)

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)

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.