127EAY26Q0014 Attachment 1 - Solicitation Terms and Conditions.docx

Attachment 1 - Solicitation Terms and Conditions Solicitation Number:

Attachment 1 – Solicitation Terms and Conditions Wild Horse & Burros Transport to TN, Modoc National Forest

127EAY26Q0014

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Part 12. This announcement constitutes the only solicitation; offers are being requested, and a separate written solicitation will not be issued.

Solicitation number 127EAY26Q00014 is issued as a Request for Quotation (RFQ) for safely and humanely transport up to 83 wild horses and burros for the Modoc National Forest from Double Devil Wild Horse Corrals in Alturas, CA to Fall Creek Falls Equestrian in Pikeville, TN. The contractor shall provide all labor, equipment.

This acquisition is set-aside for small business concerns. This solicitation incorporates provision and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov. The applicable North American Industry Classification Standard Code is 484230 – Specialized Freight (except Used Goods) Trucking, Long Distance. The small business size standard is $34 million. This acquisition is a Total Small Business Set-Aside. All responsible sources may submit a quotation which will be considered by the agency.

See “Attachment 1 - Solicitation Terms and Conditions” for applicable clauses, instructions, and evaluation criteria.

Statement of Requirements:

Project Description: Tennessee Wild Horse Transportation Vendor Name: __________________________________ Vendor UEI: ___________________________________

Transportation Requested:

Safely and humanely transport up to 83 Wild Horses & Burros (WH&B’s) from Double Devil Wild Horse Corrals in Alturas, CA to Fall Creek Falls Equestrian in Pikeville, TN.

Load includes: 36 Adults, 36 Weanlings & Yearlings and 11 Burros.

Pickup: Double Devil Wild Horse Corrals 1430 County Road 74 Alturas, CA 96101 Monday-Friday from 6:30-3:30 Charlea Johnston: (530) 640-0194

Deliver Location: Fall Creek Falls Equestrian 2345 Watson Loop, Pikeville, TN 37367 Rebecca Bowman: (859) 489-8141

Timeline for transport pickup and delivery shall occur between February 15th-21st, 2026 Semi-truck(s) and trailer(s) are acceptable, as the receiving facility has an off-loading chute

Please notify delivery location of any delays departing Alturas, CA.

Animal(s) being imported from a state with a Vesicular Stomatitis outbreak must be accompanied by a certificate of veterinary inspection issued within 72 hours of entering the state, with the following statement written by the accredited veterinarian on the certificate: “The animals represented on this health certificate have not originated from a premises or area under quarantine for vesicular stomatitis and are not exhibiting clinical signs of the virus.”

Required Documentation: The Forest Service will provide the following documents for transportation purposes.

Negative Equine Anemia Testing Form (Coggins)

· Health Certificate(s)

Handling Wild Horses and Burros

Willful Acts of Abuse

1. Hitting, kicking, or beating any WH&Bs (Wild Horses & Burros) in an abusive manner is prohibited (major).

2. Dragging a recumbent WH&Bs without sled, sideboard or slip sheet is prohibited. Ropes used for moving the recumbent animal must be attached to the sled, sideboard, or slip sheet (major)

3. There must be no deliberate driving of WH&Bs into other animals, closed gates, panels, or other equipment (major).

4. There must be no deliberate slamming of gates and doors on WH&Bs (major).

5. There should be no excessive noise (e.g., constant yelling) or sudden activity causing WH&Bs to become unnecessarily flighty, disturbed or agitated (minor).

B. General Handling

1. All sorting, loading, or unloading of WH&Bs must be performed during daylight hours except when unforeseen circumstances develop, and the Authorized Officer approves of the use of supplemental light (major).

2. Halters and ropes tied to a WH&B may be used roll, turn, position, or load a recumbent animal, but a WH&B must not be dragged across the ground by a halter or rope attached to its body while in a recumbent position (major).

3. WH&Bs must be removed into and out of pens in a manner that will minimize stress and injury (major).

4. When possible, WH*Bs should be allowed to move at their own pace to new pens or sorting/handling locations (minor).

5. WH&Bs should be handled to enter runways or chutes in a forward direction (minor).

6. Any unattended WH&Bs or a single WH&B should not remain in a single-file alleyways, runways or chutes longer than 30 minutes (minor).

7. No equipment should be operated in such a manner as to cause flighty behavior or injury to WH&Bs (minor).

Handling Aids – No Overzealous Use of These Items Will Be Permitted

1.Handling aids such as flags and shaker paddles must be the primary tools for driving and moving WH&Bs during handling and transport procedures. Contact of the flag or paddle end of primary handling aids with a WH&B is allowed. Ropes looped around the hindquarters may be used from horseback or on foot to assist in moving an animal forward or during loading (major).

2.Electric prods must not be used routinely as a driving aid or handling tool. Electric prods may be used in limited circumstances only if the following guidelines are followed (see also Part One C.2):

a. Electric prods are not to be used indiscriminately, and overuse will not be tolerated and may be grounds for reprimand or dismissal (major).

b. Electric prods must only be a commercially available make and model that uses DC battery power with batteries always charged (major).

c. The electric prod device must never be disguised or concealed (major).

d. Electric prods must only be used after three attempts using other handling aids (flag, shaker paddle, voice or body position) have been tried unsuccessfully to move the WH&Bs (major).

e. Electric prods must only be picked up when intended to deliver a stimulus; these devices are not constantly carried by the handlers (major)

f. Space in front of an animal should be available for the WH&B to move forward prior to application of the electric prod (major).

g. Electric prods must never be applied to the face, genitals, anus, or underside of the tail of a WH&B (major).

h. Electric prods must not be applied to anyone WH&B more than three times during a procedure (e.g., sorting, loading) except in extreme cases with the approval of the Authorized Officer. Each exception must be approved at the time by the Authorized Officer (major).

Transportation Standards to Another Off-Range Corral Facility, Sanctuary, Adoption Event or Satellite Pickup Location.

A. Loading and Unloading Facilities

1. Areas for loading and unloading WH&Bs must be maintained in a safe and proper working condition, including gates and doors that swing freely and latch or tie easily as designed (major)

2. The side panels of the loading chute must be a minimum of six (6) feet high and covered with materials such as plywood or metal without holes that may cause injury (major)

3. There must be no holes, gaps or openings, protruding surfaces, or sharp edges present in fence panels or other structures that may allow escape or cause possible injury (major).

4. Loading and unloading ramps must have a non-slip surface and be maintained in a safe and proper working condition to prevent slips and falls. Example of non-slip floors would include, but not be limited to, rubber mats, sand, shavings, and steel reinforcement rods or rough surfaces built into the ramp. There must be no holes in flooring or items that cause an animal to trip (major)

5. Trailers must be properly aligned with loading and unloading chutes and panels with no gaps between the chute/panel and floor or sides of the trailer creating a situation where a WH&B could injure (major).

6. Stock trailers should be positioned for loading and unloading such that there is no more than 12” clearance between the ground and floor of the trailer for burrows and 18” for horses (minor).

B. Care of Wild Horses and Burros During Transport Preparation Procedures

1. WH&Bs transferred to another off-range corral facility, adoption event or satellite pickup location must have a current negative EIA test, be in a state of health appropriate for a Certificate of Veterinary Inspection (CVI) and accompanied by paperwork required by the laws of the receiving state (major)

2. WH&Bs being transferred to another off-range corral facility, sanctuary, adoption event or satellite pickup location must be fit to endure the travel (major).

3. WH&Bs that are non-ambulatory, blind in both eyes, or severely injured must not be shipped unless it is to receive immediate veterinary care or euthanasia (major).

4. WH&Bs that are weak or debilitated must not be transported without the approval of Authorized Officer in consultation with the on-call veterinarian. Appropriate actions regarding their care during transport must be taken according to the Authorized Officer (major)

5. WH&Bs being transferred to another off-range corral facility, sanctuary, adoption, or satellite pickup location must be sorted prior to shipping to ensure compatibility and minimize aggressive behavior that may cause injury during transport (major).

6. Except for special circumstances, WH&Bs being offered for adoption should have received primary and booster vaccinations as well as deworming medications prior to adoption (minor).

C. Vehicles

1. Straight deck trailers or stock trailers must be used for transporting WH&Bs to another off-range corral facility, off range pasture, sanctuary, or adoption event (major).

2. Two-tiered or double deck trailers are prohibited (major).

3. Transport vehicles for WH&Bs must have a covered roof containing them such that WH&Bs cannot escape (major).

4. WH&Bs must have adequate headroom during loading and unloading and must be able to maintain a normal posture with all four feet on the floor during transport without contacting the roof (major).

5. The width and height of all gates and doors must allow WH&Bs to move freely (major).

6. All gates and doors must open and close easily and be able to be secured in a closed Position (major).

7. Loading and unloading ramps of vehicles must have a non-slip surface and be maintained in a safe and proper working conditions to prevent slips and falls. Examples of non-slip flooring would include, but not limited to, rubber mats, sand, shavings, and steel reinforcement rods built into ramps. There must be no holes in the flooring or items that can cause an animal to trip (major).

8. Transport vehicles more than 18 feet and less than 40 feet in length must have a minimum of one partition gate providing two compartments; transport vehicles 40 feet or longer must have at least two partition gates to provide a minimum of three compartments (major).

9. Partition gates in transport vehicles should be used to distribute the load into Compartments during travel (minor).

10. All partitions and panels inside of trailers must be free of sharp edges or holes that could cause injury to WH&Bs (major).

11. The inner lining of all trailers must be strong enough to withstand failure by kicking that would lead to injuries (major).

12. Surfaces and floors of trailers must be cleaned of dirt, manure, and other organic matter prior to the beginning of a shipping event, and must have non-skid materials on the trailer floor, such as wood shavings, rubber non-skid mats, etc. (major).

D. Transportation Procedures

1. WH&Bs must be loaded at the following rates (major):

a. 12 square feet per adult horse.

b. 6.0 square feet per dependent horse foal.

c. 8.0 square feet per adult burro or yearling horse.

d. 4.0 square feet per dependent burro foal.

2. Planned drive time from off-range corral facility to another off-range corral facility, sanctuary, adoption event or satellite pickup location, must not exceed (24) hours Without access to hay and water prior to being re0loaded and sent to the destination. All rest location must be clean and free of debris, existing manure and/or any items that may cause injury or illness to a horse(s). Rest locations must not be affiliated with WH&Bs Slaughter and must not have any confirmed cases infectious, contagious, and/or communicable disease currently or within the last 30 days (major).

3. Trucking companies or haulers must be provided with directions and contact phone numbers for the facility or adoption location (major).

4. Horses that become sick, injured or deceased during transportation will require immediate notification to the Forest Service Point of Contact (major)

5. While in transit, WH&Bs must be observed by the transport driver a minimum of once every eight (8) hours (major).

6. Non-ambulatory or recumbent WH&Bs must be evaluated on the trailer and either euthanized or removed from the trailers using a sled, slide board or slip sheet (major).

7. WH&Bs should not be allowed to remain standing on straight-deck and stock trailers while not in transport for a combined period of greater than three (3) hours (minor).

Technical Data

Technical data and supporting documentation associated with this solicitation are available through the following sources:

1. Solicitation Attachments The following attachments are part of this solicitation and any resulting contract:

Attachment 1: Solicitation Terms and Conditions Attachment 2: Statement of Work Attachment 3: Schedule of Items Attachment 4: Past Performance Questionnaire Attachment 5: Wage Determination

Federal Acquisition Regulation (FAR) and United States Department of Aquiculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. 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 (End of Clause)

The following Clauses are applicable:

☐ Alternate I (Nov 2025) of 52.240-91

FULL TEXT FAR CLAUSES

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Federal Acquisition Regulations (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

Full Text AGAR Clauses

452.204–70 Modification for Contract Closeout (Nov 2025)

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

(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The Contracting Officer may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 60 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout 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)

Solicitation Information

Award Type

It is anticipated that a Firm-Fixed Price Contract will be awarded as a result of this synopsis/solicitation.

The Government intends to make one award from this solicitation. Therefore, to be considered responsive, contractors must submit pricing for all items.

Evaluation 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.

Evaluation Criteria

(a) The Government will award a contract resulting from this solicitation to the responsible quoters whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

The Government will determine the acceptability of each quote on a pass or fail basis considering the following factors:

1) A quoter takes exception to the any of the terms and conditions of the RFQ, including attachments;

2) A quoter is not currently registered in the System for Award Management (SAM) by the closing date of the solicitation;

3) A quoter cannot be verified as a Small Business as shown in SAM or other proof as submitted by the quoter; and

4) An incomplete quote that lacks sufficient information for the government to perform a technical evaluation to determine acceptability.

(b) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful Quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quoters specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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:

Only the lowest priced offer will be evaluated for Technical Capability. Should the lowest priced offer not receive an acceptable technical or past performance rating, the process will continue in order of lowest priced offer until the lowest priced, technically acceptable offer with acceptable or neutral past performance is identified.

Price Technical Capability Past Performance

Service Contract Labor Standards

The Service Contract Labor Standards could apply to any contracts awarded through this solicitation. In accordance with (IAW) FAR 22.1002-3(a)(2), the place of performance for this contract is currently unknown. The Contracting Officer has determined one possible places of performance and has included Wage Determinations for each place as an attachment to this solicitation. The Contracting Officer will obtain wage determinations for additional possible places of performance if asked to do so in writing at .

Offerors must request additional wage determinations no later than two days before solicitation close. Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit proposals. However, a wage determination shall be incorporated in the resultant contract, and there shall be no adjustment to the contract price.

See Attachment 5 - Wage Determination 2015-5677 Revision No. 29 dated 12/03/2025

Other Information

Date, Time, and Place Offers are due

Quotes are Due to Margaret Forrest, at margaret.forrest@usda.gov by 02/12/2026 at 10:00 a.m. Pacific Time. Place Solicitation No. and Margare Forrest in the subject line when quoting.

Government Point of Contact: Margaret.forrest@usda.gov

Solicitation Information:

One award will be made from this solicitation; contractors must submit pricing for all items.

In the event of an error in extending the proposed prices, unit prices will govern, unless otherwise determined by the Contracting Officer, in accordance with applicable regulations.

Contractor must provide acknowledgement of Amendment(s) (if Any).

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.

(End of Provision

52.212-1 Instructions to Offerors Commercial Products and Commercial Services (NOV 2025)

FAR 52.212-1 is amended as follows:

For simplified acquisitions, the word quote or quoter is substituted in provision FAR 52.212-1 for the word offer or offeror.

(1) Offerors must have an active entity registration in the System for Award Management to submit an offer https://www.sam.gov/SAM/

(2) Quotes submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.

a. Technical Proposal – The technical proposal shall address the evaluation factors in FAR 52.212-2. At a minimum technical proposal shall include:

i. Past Performance – provide a list of similar projects completed by your firm over the past three years. Include a brief description of the project, dollar amount, year completed and project owner contract information (name phone and email). The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel or subcontractors. In the event that there is no past performance information available, the offeror will receive a neutral rating in this factor.

ii. Technical Capability – Provide a list of equipment that is being planned to be used, both OEM and Aftermarket.

b. Price Proposal – Include the following: 1) the completed Schedule of Items from Attachment 3 of this solicitation, and 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).

c. Representations and Certifications – Fill in the information for full text provisions and include a copy with your offer. Only return the applicable provisions, not the entire solicitation.

(3) Submit offer by email to Margaret Forrest at Margaret.Forrest@usda.gov so that it is delivered into this inbox by the due date and time.

· Email should include in subject line, Solicitation No. and Margaret Forest.

· Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, Representations and Certifications) in Microsoft Word, Excel or Adobe PDF format.

· Be aware the large attachments may increase the time required to deliver an email. It is the offeror’s responsibility to confirm receipt of the offer from Margaret.Forrest@usda.gov.

(4) Period for acceptance of offers.

The Offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers.

Questions Questions shall be submitted via email to Margaret Forrest at Margaret.Forrest@usda.gov and are due no later than 02/11/2026 at 10:00 a.m. Pacific 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.

Provisions:

The following provisions are applicable if checked:

Full Text FAR Provisions, Including Representations and Certifications 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation (SEP 2025)

(a) Definitions. As used in this clause— Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.

(c) Representation. The Offeror represents that-

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

(End of provision)

52.209-5 Certification Regarding Responsibility Matters (SEP 2025) As prescribed in 9.104-7(a), insert the following provision:

(a) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied. Federal taxes are considered delinquent if both of the following criteria apply:

(1) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if a pending administrative or judicial challenge remains. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(2) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) The Offeror has □ has not □, within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the Government will consider the certification in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) This provision does not require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a). The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If the Government later determines that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (SEP 2025) As prescribed in 9.104-7(d), insert the following provision:

(a) The Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

Full Text 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:

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

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

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

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

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

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

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

(End of Provision)

NOTICE FOR FILING AGENCY PROTESTS

United States Department of Agriculture (USDA) Ombudsman Program

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

Informal Forum with the Ombudsman

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

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

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

Formal Agency Protest with the Ombudsman

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

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

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

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

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

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

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