127EAU26Q0076 Commercial Provisions and Clauses rev 1.pdf
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- Solicitation number
- 127EAU26Q0076
- Issued by
-
Department of Agriculture Forest Service
About this file
This document is a Commercial Provisions and Clauses listing for RFO Part 12, establishing the terms and conditions applicable to orders awarded under this solicitation. The clauses and provisions supersede all other terms and conditions, and acceptance of an order constitutes acceptance of all contained terms per FAR 12.201-1(b)(2).
The evaluation criteria for award prioritize technical approach, past performance, and price, in that order. The highest technically rated offeror receives consideration provided their price is fair and reasonable and past performance is rated acceptable or neutral. Technical approach evaluates the offeror's ability to meet all requirements and delivery schedules outlined in the Performance Work Statement. Past performance is assessed using three ratings: Acceptable (demonstrated ability to meet prior contract requirements including quality, timeliness, and cost control), Neutral (no prior performance record), or Unacceptable (documented failure to meet contract requirements). Price evaluation follows FAR 12.204 standards for fair and reasonable determination. Award is not necessarily made to the lowest-priced offeror, and no tradeoffs will be conducted. Options are evaluated by adding total option prices to basic requirement prices, with the government retaining discretion to reject significantly unbalanced option pricing. The document lists numerous incorporated FAR clauses by reference covering contractor compliance areas including small business set-asides, labor standards, security prohibitions, whistleblower protections, data rights, payment methods, and protest procedures, with multiple USDA class deviations applied to standard FAR provisions.
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Commercial Provisions and Clauses RFO Part 12
Rev. 09/16/26
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
Provisions
Number Title
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or
Statements-Representation (JAN 2017)
52.204-7 System for Award Management-Registration (NOV 2024) (DEVIATION)
USDA Class Deviation RFO-2025-16
52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (SEP 2023) (DEVIATION)
USDA Class Deviation RFO-2025-18
52.212-2
As prescribed in 12.205(a)(2), insert a provision substantially as follows:
Evaluation—Commercial Products and Commercial Services (Deviation Date)
(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:
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: Ability of the offeror to meet the Delivery requirements listed in the Performance Work Statement (PWS).
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.
Price: The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.
https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
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.
(b) Options The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).
(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.240-90 Security Prohibitions and Exclusions Representations and Certifications (NOV 2025) (DEVIATION) USDA Class Deviation RFO-2025-20
Clauses
52.203-6 with Alt I Restrictions on Subcontractor Sales to the Government (JUN 2020; Alternate I NOV 2021)
52.203-17 Contractor Employee Whistleblower Rights (NOV 2023)
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)
52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)
52.204-13 System for Award Management-Maintenance (OCT 2018) (DEVIATION)
USDA Class Deviation RFO-2025-16
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) (DEVIATION)
USDA Class Deviation RFO-2025-22
52.212-4 Terms and Conditions-Commercial Products and Commercial Services (NOV 2023) (DEVIATION)
USDA Class Deviation RFO-2025-18
52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) (DEVIATION)
USDA Class Deviation RFO-2025-40
52.222-3 Convict Labor (JUN 2003) (DEVIATION)
USDA Class Deviation RFO-2025-47
52.222-19 Child Labor-Cooperation with Authorities and Remedies (MAR 2026) (DEVIATION)
52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) (DEVIATION)
52.222-41 Service Contract Labor Standards (AUG 2018) (DEVIATION)
52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)
52.222-50 Combating Trafficking in Persons (OCT 2025) (DEVIATION)
52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (DEVIATION)
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024)
52.227-14 Rights in Data-General (MAY 2014)
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)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)
52.233-3 Protest after Award (AUG 1996) (DEVIATION)
USDA Class Deviation RFO-2025-23
52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) (DEVIATION)
USDA Class Deviation RFO-2025-23
52.240-91 Security Prohibitions and Exclusions (NOV 2025) (DEVIATION)
USDA Class Deviation RFO-2025-20
52.244-6 Subcontracts for Commercial Products and Commercial Services (OCT 2025) (DEVIATION)
USDA Class Deviation RFO-2025-30
52.252-2 Clauses Incorporated by Reference FEB 1998
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