Attachment 1 - Solicitation Terms and Conditions 1284LL26Q0013.docx

Attachment 1 - Solicitation Terms and Conditions Solicitation Number:

Utility Bed with Liftgate

1284LL26Q0013

Statement of Requirement

Purchase and install Utility bed with liftgate for a 2021 F250 HD 4x4 Extended Cab, VIN:1FT7X2B69MED15119. The Contractor shall provide and install after-market components and accessories on the Government-Furnished vehicle.

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor’s fault or negligence.

Shall meet the technical specifications as stated below:

Steel service body:

· 82” L x 77.5” W x 40” H

· 14.5” compartment depth

· 48.5” cargo floor width

· Diamond pressed floor pattern

· Lock and latch system

· 250 lb. capacity shelving package with dividers on 2” slot tabs

· (2) shelves in each vertical compartment

· shelf in each horizontal compartment

· Full depth light guards mounted to inside of rear body panels

· Standard durable, polyester powder coat finish on exterior and interior compartments of body

· Entire understructure of body fully undercoated

· Flush mount rubber grommet LED S/T/T lights in rear of body

· 3-year powder coat paint warranty

· 6-year warranty covering structural failure, product workmanship, and on all key cylinders to the original owner

· 960 lbs. approximate body weight

Bumper:

Recessed Surface for extra grip 7-way RV style trailer socket and bracket mounted at the rear of the body Ford OEM Backup camera installed on liftgate System flashed to accept LED lights and eliminate “Fast Flash” without the use of resistors Mud flaps installed behind rear axle of chassis, quantity two (2) Steel headache rack, at least 22” Grab handles – quantity of 2 Floor tie-downs – quantity of 4

Lift gate:

· Protected/recessed main control with a time-out feature

· Fully enclosed hydraulic system (pump and motor assembly)

· Maintenance-free and grease-free bearings

· Minimum 1,600-lb lift capacity

· Dual hydraulic lifting cylinders

· Gravity down only

· Load area of at least 49” x 48” with a 6” tapered ramp

· Galvanized finish preferred

· Handheld remote for liftgate control

Industrial power inverter minimum of 2,000 continuous output wattage wired to upfitter switch to turn inverter on/off.

Inverter wired power station shall have a minimum of 6 outlets, with at least two (2) USB outlets and two (2) work lights Weather-proof 110V electrical outlet with 14/3 wire ran from power inverter to rear of body and secured to rear of street-side compartment

Upfitter switch Auxiliary Circuit Control Relay System and Switch Panel for trucks with no factory supplied upfitter switches.

Future ready for additional lighting, strobes, power inverters, etc.

Running boards to fit truck with a minimum of 300-pound weight capacity and 7 inches wide with open tread design. Preferred Blake matte, textured, and powder coated aluminum. Minimum of five-year warranty.

Bed liner applied to cargo area floor, walls, and inside of tailgate with a preferred color of black

Single row of e-track on each cargo area with a minimum of four ratchet straps for the track.

Forest Service will drop off and pick up vehicle at vendor location within 300 mile driving distance of 65600 MT Hwy 43, Wise River, MT, 59762.

POC: Coordinate with Jackie Dumke, jackie.dumke@usda.gov, 406-683-3982, at least one week prior to installation date of provided product.

Federal Acquisition Regulation (FAR) and United States Department of Agriculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions. Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.

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

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

☐ Alternate I (Nov 2025) of 52.222-50

☐ 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:

☐ Alternate I (Mar 2020).

☐ Alternate I (Jul 2014) of 52.222-36

☐ Alternate I (Oct 2022) of 52.225-1 ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018)

Other Applicable Clauses

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:

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.

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

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

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

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

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

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

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

(End of Clause)

452.204–70 Modification for Contract Closeout (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)

FAR 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 Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(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.

1. Technical Factor(s): Proposed Product, Schedule, and Warranty. To be determined acceptable, the quoter shall provide sufficient information to demonstrate that the proposed product meets all solicitation requirements. The Government will evaluate the proposed product for compliance with the stated technical requirements including form, fit, function, and compatibility, as applicable.

The Government will also evaluate the proposed delivery/installation schedule and warranty terms. Quotes that meet or exceed the Government’s requirements and reduce performance risk may be considered more favorable.

2. Past Performance: The Past Performance evaluation will assess the relative risks associated with a quoter’s likelihood of success in performing the solicitation’s requirements as indicated by that offeror’s record of past performance. Performance risk is assessed at the factor level after evaluating aspects of the quoter’s recent past performance and focusing on performance that is relevant to the services being procured under this solicitation. Past performance areas of evaluation include quality, timeliness, business practices, and customer satisfaction. An acceptable performance record allows the Government to have a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

(a) Recency Assessment. An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past 3 years from the date of issuance of this solicitation. Past performance information that fails this condition will not be evaluated.

(b) Relevancy Assessment. An assessment of the past performance information will be made to determine if it is relevant. To be relevant, the effort must be the same or similar in nature, size, magnitude, complexity, and scope to the services and/or products being procured under this solicitation. Past performance information that fails this condition will not be evaluated.

(c) Offerors without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, will not be evaluated favorably or unfavorably on past performance. Therefore, the quoter shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

3. Price: Price is not formally scored but is the primary evaluation factor for determining award. The Government expects competitive quotes to be submitted for this procurement and will use these to determine price reasonableness. If competitive quotes are not received, the Government reserves the right to utilize other methods identified in the FAR to determine price reasonableness. Each quoter is required to provide complete pricing for each contract line identified.

Delivery Information

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

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

The USDA requires delivery of all items by June 30, 2026. Early deliveries will be accepted.

Forest Service will drop off and pick up vehicle at vendor location within 300 mile driving distance of 65600 MT Hwy 43, Wise River, MT, 59762.

POC: Coordinate with Jackie Dumke, jackie.dumke@usda.gov, 406-683-3982, at least one week prior to installation date of provided product.

Federal Holidays are excluded. The Contractor is not required to provide service on Federal Holidays. Federal Holidays are observed as follows:

· New Year’s Day, January 1*

· Birthday of Martin Luther King, Jr., third Monday in January

· Washington’s Birthday, third Monday in February

· Memorial Day, last Monday in May

· Juneteenth – June 19*

· Independence Day, July 4*

· Labor Day, first Monday in September

· Columbus Day, second Monday in October

· Veteran’s Day, November 11*

· Thanksgiving Day, Fourth Thursday in November

· Christmas Day, December 25*

Government facilities observe Federal Holidays that fall on a weekend as follows: Government facility will be closed the Friday before a holiday which falls on a Saturday; Government facility will be closed the first Monday after a holiday which falls on a Sunday.

52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

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

Addendum to 52.212-1:

1. Questions concerning this solicitation shall be submitted electronically via email to jean.keithley@usda.gov no later than February 23, 2026.

Quotes shall be submitted electronically via email to jean.keithley@usda.gov no later than February 25, 2026, 13:00 PT. Quoters shall ensure quotes are delivered into this inbox by the due date and time. Emails should contain 2 separate attachments: Quote with Proposed product along with all product specifications, Proposed Schedule, and Price (in Microsoft Word or PDF format), and Past Performance (in PDF format).

Any quote, modification, revision, or withdrawal of a quote received at the Government office designated in the solicitation after the exact time specified for receipt of quotes is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition.

(End of Provision)

The following provisions are applicable if checked:

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.

(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.