12639526Q0296 SOLICITATION.pdf

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AIR BOAT
Solicitation number
1175681
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This is a Solicitation/Contract/Order for Commercial Items (Standard Form 1449) issued by the USDA Animal and Plant Health Inspection Service (APHIS) for the procurement of one 16x8 airboat.

The airboat is required to access remote marsh locations in South Louisiana for controlling Nutria rat and feral swine populations through trapping and opportunistic removal. The marshy terrain is only accessible via airboat or helicopter, necessitating a vessel capable of operating over dry ground in saltwater environments. The hull must be constructed of marine-grade 5086 alloy aluminum with no splices in the bottom, measuring 16 feet long by 8 feet wide with a 29-inch hull depth. The airboat must include a Marine Power 6.6 LT engine (525 hp) with a 3-year warranty, a Century Drive CH3 2.3:1 ratio belt-driven reduction unit, an 86-inch Sensenich three-blade composite propeller, and dual 2000 GPH bilge pumps. Additional specifications include a custom stainless steel engine stand, 60-foot foam-filled aluminum rudders with cable steering, dual heavy-duty 24M1000 marine batteries, Garmin 943 XSV GPS with NEMA 2000 connectivity, LED lighting systems, and a fully welded tandem-axle aluminum trailer with stainless steel fenders and a 2800-pound winch. The complete airboat package must be delivered within 90 days of order receipt and undergo a minimum one-hour test run, water testing up to three hours, and dual safety inspections prior to delivery. The manufacturer must have prior experience installing a minimum of five Marine 6.6 LT engines. The solicitation number is 12639526Q0296, with quotes due by September 11, 2026, at 5:00 PM Eastern Time. The delivery location is the USDA APHIS Louisiana District Office in Crowley, Louisiana, with a period of performance from September 1, 2026, to August 31, 2036. All vendors must be registered in SAM.Gov by award, and invoices must be submitted to www.ipp.gov in accordance with FAR 52.212-4(g). The contract is designated as a small business set-aside. Contracting Officer Todd K. Bierl can be reached at (612) 336-3465 for inquiries regarding this solicitation.

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

APHIS-WS-LA-DO-7KOW CODE 16. ADMINISTERED BYCODE

X

X

336612

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

09/11/2026 1700 ET

09/08/2026

612-336-3465TODD BIERL

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639526Q0296

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 21 1175681OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

See Schedule

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,000

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

DELIVER TO:

Louisiana District Office

USDA, APHIS, WS

6129 Egan Hwy.

P. O. Box 494 Crowley LA 70531 US

This Procurement is for One (1) 16x8 airboat.

This boat is needed to access remote marsh locations in South Louisiana. The locations need to be accessed to control Nutria rat and feral

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

TODD K. BIERL

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

swine populations through trapping and opportunistic removal. The marsh locations in question are only accessible via airboat or helicopter. This remote work area requires a boat that is reliable and in most cases the ability to move over dry ground. The saltwater environment requires the boat to be made of aluminum or either stainless steel as all other metals with corrode and rust very quickly.

Miscellaneous

1. Prior to delivery of the Airboat there will be a test run the boat for a minimum of one hour, then perform a safety inspection. The boat will then be test run on the water up to 3 hours and brought back in for a second Safety Inspection.

After all safety check lists are passed, pictures and video can be provided before shipping.

2. Airboat must be complete in 90 Days or less.

3. MFG. must have used a minimum of 5 Marine 6.6

LT engines to ensure correct installation

USDA Technical point of contact for any questions regarding this order:

WILLIAM F. FUTCH

William.f.futch@usda.gov

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

21 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 21

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12639526Q0296

(225) 335-3974

USDA POC (at delivery location) for if there are issues with the delivery of this order:

WILLIAM F. FUTCH

William.f.futch@usda.gov

(225) 335-3974

USDA POC for who will be responsible for entering in the invoice in IPP:

CLAUDINE P. CAMPBELL

Claudine.p.campbell@usda.gov

(337) 296-9455

All inquiries will be through the Contracting

Officer:

Todd K. Bierl

(Major Program Contracting Officer)

Emergency Acquisition

Marketing and Regulatory Program Business (MRPBS)

Acquisition and Asset Management Division (AAMD)

Acquisition Branch

Animal and Plant Health Inspection Service (APHIS)

Office#(612)336-3465

Cell# (612)500-1321/(763)286-8084

Quotes will be no longer than 30 pages. Quotes will be sent to the following -todd.k.bierl@usda.gov

All vendors that submit a quote must be registered in SAM. Gov by award.

Quotes due by 11 September 2026 at5:00 pm EST

Please read SOW!

Delivery: 90 Days After Receipt Of Order

Period of Performance: 09/08/2026 to 09/11/2026

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 21

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12639526Q0296

0001 2027 16X8' PATRIOT AIRBOAT USDA MODEL 1 EA

PATRIOT HULL IS CONSTRUCTED OF GUARANTEED ALL

MARINE ALLOY 5086 WITH 3/16 BOTTOM AND 1/8 SIDES

INCLUDING 5 HEAVY DUTY 2"X2"X3/8" T-BARS AND 2

EXTREME DUTY 2"X3"X1/2 T-BARS UNDER MAIN LEGS OF

ENGINE STAND

LIFETIME WARRANTY ON HULL

HULL DEPTH 29"

BOTTOM THICKNESS .190 5086 MARINE ALLOY (NO

SPLICES IN BOTTOM)

SIDE THICKNESS .125" 5086

TRANSOM .190 5086

DECK .125 5086

SPLASH TRAY .190 5086

REAR CORNER GUSSETS .250 5086 *WELDED TOP AND

BOTTOM

BULKHEAD .190 5086

8FT 2" WIDTH AT TRANSOM ON TOP

WIDTH ON BOTTOM 78"

CENTER TRANSOM HEIGHT IS 26"

SIDE HEIGHT 29"

DECK LENGTH 42"

FOUR LOW PROFILE PULL UP CLEATS INCLUDED

(SEE SPECIFICATION SHEET FOR FURTHER DETAILS)

Todd K. Bierl

(Major Program Contracting Officer)

Emergency Acquisition

Marketing and Regulatory Program Business (MRPBS)

Acquisition and Asset Management Division (AAMD)

Acquisition Branch

Animal and Plant Health Inspection Service (APHIS)

Office#(612)336-3465

Cell# (612)500-1321/(763)286-8084

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

AIR BOAT 5

o USDA Technical point of contact for any questions regarding this order:

WILLIAM F. FUTCH

William.f.futch@usda.gov

(225) 335-3974 o USDA POC (at delivery location) for if there are issues with the delivery of this order:

WILLIAM F. FUTCH

William.f.futch@usda.gov

(225) 335-3974 o USDA POC for who will be responsible for entering in the invoice in IPP:

CLAUDINE P. CAMPBELL

Claudine.p.campbell@usda.gov

(337) 296-9455 o Has there been a previous order. If so, what is the number:

N/A o What is the period of performance for this item:

September 1, 2026 – August 31, 2036 o A Statement of Work (SOW) outlining what item(s) are used for which need to include: Exact Description of the work to be performed or needed/ Location of work / Period of performance / Size / quantity

The SOW is for 1 16x8 airboat. This boat is needed to access remote marsh locations in South Louisiana. The locations need to be accessed to control Nutria rat and feral swine populations through trapping and opportunistic removal. The marsh locations in question are only accessible via airboat or helicopter. This remote work area requires a boat that is reliable and in most cases the ability to move over dry ground.

The saltwater environment requires the boat to be made of aluminum or either stainless steel as all other metals with corrode and rust very quickly.

mailto:William.f.futch@usda.gov mailto:William.f.futch@usda.gov mailto:Claudine.p.campbell@usda.gov

AIR BOAT 6

Boat Specifications are as follows:

A. HULL WITH ALL WELDED ALUMINUM, NO SPLICING OF BOTTOM

1. 16’ x 8’ FT Hull Constructed of all Marine Grade 5086 Alloy Aluminum

a. Bottom Thickness: 0.190” *5086 alloy (no splices in bottom)

b. Side thickness: 0.125” (30” DEPTH IN REAR SIDE) *5086 alloy (no

Splices in sides)

c. Transom: 0.190” *5086 Alloy Must be waterjet or laser cut for precise fit

d. Deck: 0.125” *5086 Alloy and Must be waterjet or laser cut for precise fit

e. Splash tray: 0.190” *5086 Alloy and Must be waterjet or laser cut for precise fit

f. Rear Corner gussets: 0.250” (WELDED TOP AND BOTTOM) *5086 alloy water jet cut

g. Bulkhead: 0.190” (100% WELDED, NOT JUST OVER T-BARS) *5086 alloy

& waterjet cut

h. Nose of Hull to Have 3/8 Thick Aluminum pipe inside

2. Overall Dimensions Width on bottom of hull 78” of hull

a. Width at transom (8’ 2”) on top

3. Width at Bottom 78”

b. Center transom height 26”

c. Side height 29”

d. Deck length 32”

e. Four Low Profile Pull up Tie Down Cleats

3. Gussets will be fully welded top and bottom tying in sides and bulkheads

a. Hull to include 5 Heavy duty 2” x 2” x 0.375” T-bars running full length of bottom

b. Two additional extra strength 2” x 3” x 0.5” T-bars added for extreme conditions and connect to the main legs of the engine stand.

c. Mid ship Gusset 2.5” x 3” I - beam (not a doubled t-bar) mid ship brace pressed into place maintaining important structural strength. Fully welded braces in the corners (not bolted together)

4. Engine stand will connect to hull in a minimum of 16 places.

5. Gunwales are extruded running full length (No Angle)

6. 8” to 10” Aluminum Walk Arounds

7. ( 3/8” ) UHMW Diamondslide Polymer with silicone AR500S BLEND on

Bottom of Hull (Compression Molded not extruded) with silicone additive must be installed with 5/16 solid aluminum rivet

8. 3/8 UHMW Diamondslide Polymer with silicone AR500S BLEND 8”TO 10” UP ON sides for extra hull protection must be installed with 5/16 solid aluminum rivet

AIR BOAT 7

9. Full width aluminum Non-skid flooring for safety. Deck also to be Non-skid.

10. Extreme Duty Grass rake 48” With step *nose roll to have 3/8 Aluminum pipe inside

11. 2 Rubber Bumpers Mounted on Grass Rake

12. Bulkhead 100% Fully Welded

13. Aluminum Flush mounted Deck hatch on bow with led interior light and shock assist arm, should be water resistant for dry storage.

14. An eye will be installed with Heavy Duty Backing plate in center of bow.

15. Cage, Engine stand must be blasted and Powder coated color of choice

16. Non skid will be BLACK with webbing INSIDE HULL, Black reflective Vinyl on

Side of Hull

17. No rough edges will be left unfinished

18. TWO WASHOUT DRAINS IN TRANSOM

B. Engine and Exhaust System

1. Marine Power 6.6 LT Engine 525 hp 3 year Warranty or 200 hrs

2. comes with 3 year warranty

3. Engine will come with EZ oil drain line

4. Engine will come with engine manuals.

5. All Coolant Hoses will be Marine Grade with 2 Stainless clamps on each end.

6. All Stainless Exhaust System with. Stainless Flex, 3” Mufflers, and clamps.

7. Engine to come complete with: High Performance Large Aluminum Dual Pass

Radiator-bottom mounted, Inline fuel Filter, and Fuel Water separator.

8. Garmin 943 xsv with Nema 2000 connected to Engine

C. Propeller and Reduction

1. Airboat shall include Ultra Quiet 3 Blade Composite 86” Sensenich Prop

Designed to match the performance of this engine, reduction, and hull combination.

D. A CENTURY DRIVE CH3 2.3:1 Ratio Belt Driven Reduction Unit with upgraded Belt

E. Engine Stand, Cage, and Rudders

1. 1”Engine Stand and Seat package are all 304 Stainless Steel 16 Gauge Square tubing As one integral unit. All seats will be 4-point rubber mounted.

2. Engine is mounted at four points with rubber high performance mounts between engine and engine stand deisgned for Marine Engine. (Not Aircraft Mounts)

3. Upper Seat will Have custom aluminum box beneath for storage.

4. Propeller Guard will be constructed of 304 Stainless Steel 18G tubing covered with .135 gauge 2” x 4” stainless steel wire mesh. And 4” x 4” wire mesh up high for maximum airflow.

AIR BOAT 8

5. Work doors with Gas Shocks on Cage for Easy Engine access

6. Rudders will be 60” Foam Filled aluminum rudders with positive 8” throw cable steering mounted to top of rudders.

7. No U-Bolt allowed on Cage. (Creating Pinch Points that create cracks.) Cage to have solid Mounting points.

E. Steering Steering will be left handed positive push/pull type with overhead cable to rudders.

8” Throw Stainless Cable

1. All pillow block bearings will be Teflon coated with Stainless steel housings and Teflon locking collar.

2. All controls will have stainless steel rod end bearings.

F. Fuel Tank

1. Fuel tank is constructed out of 0.125” 5052 aluminum with minimum 50 Gal.

capacity and have a remote Fill) *marked 93 Octane fuel only

2. Fuel Tank will be mounted on engine stand with 4 rubber supports.

3. Assembly will include visual fuel gauge in instrument panel.

Seating

1. Drivers platform will have individual large full bucket seat for driver BIG Man

Executive Seat , seat will be upholstered and extremely comfortable. Gauge panel will be located on Drivers Right. Additional 3 man seat Elevated on Dry Storage Box with Flip Style Lid

G. Custom Instrument Panel

1. Instrument panel to be located on drivers right

2. Including Marine –type lighted Hour meter, Keyed ignition, Safety kill switch, several toggle switches with circuit breakers for lights, bilge pump and later added accessories, and minimum one accessory outlet charger port

H. Electrical

1. Airboat will be equipped with Dual Heavy duty 24M1000 Marine Cranking

Batteries with Selector switch. Enclosed in Battery Boxes with dual locking lids and straps. Battery Cables will be minimum 2/0 gauge. NOCO marine Battery Tender and Mounted Charging Port. (not hanging Plug)

2. Boat will be equipped with standard coast guard approved running lights on bow and stern (Shark EYES).

3. Boat will also be equipped with Plash Driving LED combo light bar on Front Rake with Aluminum Shielding

4. Garmin 943 XSV GPS wired with NEMA 2000 to Engine for Diagnostic Communications

5. Two Extreme Cube Flood Lights on Cage 45 Degrees

6. Dual 1” Drains in Transom

AIR BOAT 9

I. Bilge Pumps

1. Airboat to be equipped with Dual 2000 GPH RULE GOLD Bilge pumps one on auto float.

J. Airboat Trailer

1. Trailer will be fully welded tandem axle aluminum trailer. Include one spare tire and mount, easy load bunk, High Side bunk guides for difficult boat loadings, tongue jack, fully water proof wiring and LED trailer lights, transom tie down locations and straps.

Fender steps for easy boat access.

2. Stainless Steel Fenders

3. Galvanized Wheels

4. Triple Rear Rollers for Easy Loading

5. 2800lb 2 speed winch

6. 2500 lb flat plate front lift dolly

K. Miscellaneous

1. Prior to delivery Airboat will test run the boat for minimum one hour, then perform a safety inspection. The boat will then be test run on the water up to 3 hours and brought back in for a second Safety Inspection. After all safety check lists are passed, pictures and video can be provided before shipping.

2. Airboats must be complete in 90 Days or less.

3. MFG. must have used a min. of 5 Marine 6.6 LT engines to ensure correct installation.

INVOICING:

Invoices must be submitted in accordance with FAR 52.212-4(g) to www.ipp.gov.

LEGAL AFFECT:

The Contracting Officer (CO) per FAR 1.602-1 is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the CO can make any changes to the terms, conditions, general provisions or other stipulations of this contract. Any other commitment, either explicit or implied, is invalid. The CO is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract;

(5) obligate or deobligate funds into the contract; or (6) otherwise change any terms and conditions of this contract. No information, other than that which may be contained in an authorized modification to this contract duly issued by the Contracting Officer, which may be received from any person employed by the

AIR BOAT 10

United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

Acquisition Regulation (AGAR) Clauses The clauses contained herein are applicable to any order awarded as a result of this IDIQ. 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) 52.232-40 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

AIR BOAT 11

Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) ☐ 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Sep 2025) ☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) ☐ 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov 2025) ☒ 52.219-6 Notice of Total Small Business Aside (Nov 2025) ☐ Alternate I (Mar 2020).

☒ 52.219-8 Utilization of Small Business Concerns (Nov 2025) ☐ 52.219-9 Small Business Subcontracting Plan (Nov 2025) ☐ Alternate III (Nov 2025) of 52.219-9.

☐ Alternate IV (Nov 2025) of 52.219-9 ☐ 52.219-14 Limitations on Subcontracting (Nov 2025) ☐ 52.219-16 Liquidated Damages—Subcontracting Plan(Nov 2025) ☐ 52.219-33 Nonmanufacturer Rule (Nov 2025) ☒ 52.222-3 Convict Labor (June 2003) ☒ 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2025) ☒ 52.222-35 Equal Opportunity for Veterans (Nov 2025) ☐ Alternate I (Jul 2014) of 52.222-35 ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025) ☐ Alternate I (Jul 2014) of 52.222-36 ☒ 52.222-37 Employment Reports on Veterans (Nov 2025) ☒ 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) ☐ 52.222-54 Employment Eligibility Verification (Nov 2025) ☐ 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) ☐ 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ☐ Alternate I (May 2008) of 52.223-9 ☒ 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Nov 2025) ☒ 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Nov 2025) ☒ 52.223-23 Sustainable Products and Services ☐ 52.224-3 Privacy Training (Jan 2017) ☐ Alternate I (Jan 2017) of 52.224-3 ☒ 52.225-1 Buy American-Supplies (Nov 2025) ☐ Alternate I (Oct 2022) of 52.225-1 ☐ 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025) ☐ Alternate II (Nov 2025) of 52.225-3.

☐ Alternate III (Nov 2025) of 52.225-3.

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☐ Alternate IV (Oct 2022) of 52.225-3 ☐ 52.225-5 Trade Agreements (Nov 2023) ☐ 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States (May 2020) ☐ 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct 2016) ☐ 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ☐ 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025) ☐ 52.229-12 Tax on Certain Foreign Procurements ☐ 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ☐ 52.232-30 Installment Payments for Commercial Products and Commercial Services (Nov 2021) ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) ☐ 52.232-34 Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) ☐ 52.232-36 Payment by Third Party (Nov 2025) ☐ 52.240-92 Security Requirements (Nov 2025) ☒ 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025) ☐ 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025) ☐ Alternate I (Apr 2023) of 52.247-64.

☐ Alternate II (Nov 2021) of 52.247-64

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

(a) The term "f.o.b. destination," as used in this clause, means-

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be

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performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarder for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall (1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause)

52.232-39 Unenforcibility of Unauthorized Obligations (Jun 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation ( 31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(End of clause)

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.

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(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 antidiscrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution, and the Contractor and any subcontractor or teaming partner will not do so for the duration of the contract.

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

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

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

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

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

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

(End of Clause)

452.204–70 Modification for Contract Closeout (Nov 2025)

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

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

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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)

AGAR 452.203-72 Unenforceable Supplier Terms (MAY 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 must govern and supersede any supplier terms in all cases.

(c) Authorization Required. Notwithstanding any other provision, no supplier terms must 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.

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(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:

1. Requires the Government to pay future fees, penalties, interest, legal costs, early-termination fees, cancellation fees, minimum purchase commitments, true-up payments, seat-count minimums, usage minimums, continued-use 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 non-payment, 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.

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).

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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 must bind the ordering activity as the end user to the extent it does not conflict with the terms of this clause, but it must 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 must 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 must pursue its 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 must 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 must 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

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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, must 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.

(End of Clause)

Provisions

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-

Questions Questions shall be submitted via email to todd.k.bierl@usda.gov and are due no later than September 11, 2026, at 5:00 PM Eastern Time. This will ensure enough time to respond before the solicitation period ends. Please include the solicitation name and number as the subject line of the email.

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 mailto:todd.k.bierl@usda.gov

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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) ☐ 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) ☐ 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) ☐ 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Jul 2025)

Other Applicable FAR Provisions

52.216-31 Time and Materials/Labor Hour Proposal Requirements - Commercial Acquisition (Nov 2021) 52.217-5 Evaluation of Options (Nov 2025) 52.225-18 Place of Manufacture (Aug 2018) 52.233-2 Service of Protest (Sep 2025) 52.237-1 Site Visits (Apr 1984)

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.

2. 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.

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(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) Protest Procedures

The United States Department of Agriculture (USDA) is committed to fair, transparent, and efficient acquisitions. Interested parties with concerns about this solicitation are encouraged to seek resolution through the following USDA procedures.

Tier 1: Contracting Officer Concern Resolution

Submission: Interested parties with concerns about either the solicitation or subsequent award should first submit their concern directly to the Contracting Officer, providing sufficient detail to allow the Contracting Officer to understand and assess the issue.

Process: The Contracting Officer will review the concern, seek clarification as needed, and engage with the interested party to attempt prompt resolution.

Review Timeline: The Contracting Officer will make every effort to provide a response or resolution within 10 business days of receiving the concern.

Effect on Award or Performance: Tier 1 engagement is not considered an official notification of filing an agency protest and does not pause solicitation deadlines, delay award decisions, or suspend contract performance.

Next Steps: If the matter cannot be resolved at Tier 1, the interested party may file a written agency protest under Tier 2.

USDA encourages all parties to seek resolution with the Contracting Officer before filing an agency protest.

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Tier 2: Agency Protest If concerns cannot be resolved at Tier 1, an interested party may file a written agency protest with either the Contracting Officer or the USDA Independent Review Authority. The decision by the USDA Independent Review Authority is an alternative to a decision by the Contracting Officer. The USDA Independent Review Authority will not consider an appeal of the Contracting Officer’s decision on an agency protest.

The protest must state whether the protester elects review by the Contracting Officer, by the UDSA Independent Review Authority. If no election is stated, the Contracting Officer will decide the protest.

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

Submission: Agency protests should be submitted electronically to SPE.inquiry@usda.gov…

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