1284LL26Q0032_CSS.pdf

RMRS Forest Inventory & Analysis

1284LL26Q0032

Statement of Requirement Solicitation number 1284LL26Q0032 is issued as a Request for Quotation (RFQ) for Forest Inventory & Analysis (FIA) for the Rocky Mountain Research Station. FIAs under this requirement shall be provided for New Mexico, Utah, Nevada, Idaho, Montana, and Wyoming. The Contractor shall furnish all labor, equipment, supervision, transportation, supplies (except those designated as Government-furnished), and incidentals to perform all work necessary within the areas specified. See separately attached Performance Work Statement for a full description.

Schedule of Items -

CLIN Description Estimated Quantity

Unit of Issue

Unit Cost Total

New Mexico FIA Plots 0001a Base Year Wilderness Plots 25 EA $________ $_________ 0001b Base Year Non-Wilderness Plots 305 EA $________ $_________ 1001a Option Year 1 Wilderness Plots 25 EA $________ $_________ 1001b Option Year 1 Non-Wilderness Plots 305 EA $________ $_________

TOTAL NEW MEXICO FIA PLOTS $_____________

Quantity

Unit of Issue

Unit Cost Total

Utah FIA Plots 0002a Base Year Wilderness Plots 28 EA $________ $_________ 0002b Base Year Non-Wilderness Plots 112 EA $________ $_________ 1002a Option Year 1 Wilderness Plots 28 EA $________ $_________ 1002b Option Year 1 Non-Wilderness Plots 112 EA $________ $_________

TOTAL UTAH FIA PLOTS $_____________

Quantity

Unit of Issue

Unit Cost Total

Nevada FIA Plots 0003a Base Year Wilderness Plots 12 EA $________ $_________ 0003b Base Year Non-Wilderness Plots 78 EA $________ $_________ 1003a Option Year 1 Wilderness Plots 12 EA $________ $_________ 1003b Option Year 1 Non-Wilderness Plots 78 EA $________ $_________

TOTAL NEVADA FIA PLOTS $_____________

CLIN Description Estimated Quantity

Unit of Issue

Unit Cost Total

Idaho FIA Plots 0004a Base Year Wilderness Plots 44 EA $________ $_________ 0004b Base Year Non-Wilderness Plots 164 EA $________ $_________ 1004a Option Year 1 Wilderness Plots 44 EA $________ $_________ 1004b Option Year 1 Non-Wilderness Plots 164 EA $________ $_________

TOTAL IDAHO FIA PLOTS $_____________

Quantity

Unit of Issue

Unit Cost Total

Montana FIA Plots 0005a Base Year Wilderness Plots 17 EA $________ $_________ 0005b Base Year Non-Wilderness Plots 86 EA $________ $_________ 1005a Option Year 1 Wilderness Plots 17 EA $________ $_________ 1005b Option Year 1 Non-Wilderness Plots 86 EA $________ $_________

TOTAL MONTANA FIA PLOTS $_____________

Quantity

Unit of Issue

Unit Cost Total

Wyoming FIA Plots 0006a Base Year Wilderness Plots 22 EA $________ $_________ 0006b Base Year Non-Wilderness Plots 27 EA $________ $_________ 1006a Option Year 1 Wilderness Plots 22 EA $________ $_________ 1006b Option Year 1 Non-Wilderness Plots 27 EA $________ $_________

TOTAL NEW MEXICO FIA PLOTS $_____________

The Government reserves the right to make multiple awards as a result of this solicitation.

Contractors shall only provide pricing for those items for which they wish to be considered for award; however, State requirements will not be split up. For instance, if a Contractor wishes to be considered for award of the Wyoming FIA Plots, then pricing for all sub-items (0006a, 0006b, 1006a, and 1006b) for that State shall be provided.

Contractor Name:

Address:

UEI:

Phone Number:

Email Address:

Signature and Date:

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

1. Solicitation Attachments The following documents are included as attachments to this solicitation and can be accessed via the “Attachments/Links” section of the posting.

• Attachment 1 - Performance Work Statement

• Attachment 2 – Relevant Past Performance Form

• Attachment 3 – Key Personnel Form

• Attachment 4 - Wage Determinations

• Exhibit A – RMRS Hardware, Software, and Data Processing Procedures

• Exhibit B – RMRS Scoresheet

• Exhibit C – Non-Disclosure Agreement

• Exhibit D – Landowner Contact Form

• Exhibit E – Maps-Fuzzed Plots

• Exhibit F – RMRS Plot Location-Fuzzed Coordinates (1 document/state)

• Exhibit G – RMRS Tree Core Collection Procedures

• Exhibit G.1 – Plot Information and Target Species by State

• Exhibit H – Field Identification of Whitebark vs Limber Pine

• Exhibit I – HPGNSS – JAVAD Triumph 2 User Guide

• Exhibit J – RMRS FIA P2 Field Procedures

• Exhibit K – RMRS Plot Location NDA Policy

2. External Website Access

Additional technical data is available at the following location:

2026 Tree Core Plot List for All RMRS States

Quoters must ensure they have appropriate access credentials, if required, and are encouraged to review all materials prior to quote submission.

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.

https://usfs.box.com/s/qb7pgw3a7yv9rz3z3x11z98k9jo1imkq

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) 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) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest After Award (Sep 2025) 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025) 52.240-91 Security Prohibitions and Exclusions (Nov 2025) 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 ☒ 52.204-13 System for Award Management—Maintenance (Nov 2025) ☒ 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) ☒ 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Sep 2025) ☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) ☒ 52.219-6 Notice of Total Small Business Aside (Nov 2025) ☒ 52.219-8 Utilization of Small Business Concerns (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) ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025) ☒ 52.222-37 Employment Reports on Veterans (Nov 2025) ☒ 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010 ☒ 52.222-41 Service Contract Labor Standards (Aug 2018) ☒ 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

This Statement is for Information Only-It is not a Wage Determination Employee Class Monetary Wage -- Fringe Benefits

Bio Scientist $29.57+ Fringe Benefits Forestry Technician $24.18+ Fringe Benefits

☒ 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ☒ 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) ☒ 52.223-23 Sustainable Products and Services (Nov 2025) ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018)

Other Applicable Clauses

52.217-8 Option to Extend Services (Nov 1999) 15 calendar days prior to contract expiration 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) 15 Calendar days prior to contract expiration and 30 days

(c) three years.

52.245-1 Government Property (Sep 2021) 52.245-9 Use and Charges

AGAR Clauses

452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec 2025)

(a) By entering into this contract, the Contractor certifies that:

(1) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.

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

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

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

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

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

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

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

(End of Clause)

452.204–70 Modification for Contract Closeout (Apr 2026)

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

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

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

(End of Clause)

452.204-72 Use of Electronic Data Interchange (EDI) or Other Automation Technologies (Apr 2026)

(a) In the event that Electronic Data Interchange (EDI) functionality or other automation technologies such as Robotics Process Automation is utilized to facilitate electronic transactions between USDA and its contractors, it is the sole responsibility of the Contractor to ensure accuracy of the electronically transferred data. The Government’s electronic system shall serve as the system of record for all data exchanged or retrieved.

(b) The Government shall not be liable to the Contractor for any delay or failure associated with EDI or other automation technologies. The Contractor’s use of this service is at the Contractor’s sole risk. For electronic or automated services provided by USDA to the contractor, the services are provided on an “as is” and “as available” basis. For electronic or automated services provided by the contractor that interact with the USDA electronic systems, the USDA is not responsible for any costs incurred by the contractor related to the development, test, or support of the services. The Contractor shall be responsible for all fees associated with EDI. The Contractor is responsible for the confidentiality and security of its systems, interfaces, interconnections, and any documents that the customer receives from The Government pursuant to the contract.

(c) The Government reserves the right to restrict, refuse, or cancel any participation in EDI services.

Period of Performance The period of performance of the base year of this contract is from 05/11/2026 through 12/31/2026 and the option year is from 01/01/2027 through 12/31/2027.

Post Award Conference A post award conference with the successful offeror(s) is required. It will be scheduled within 5 days after the date of contract award. The conference will be held via Microsoft Teams or some other mutually agreed upon method.

Solicitation Information

Award Type

It is anticipated that a firm-fixed price contract consisting of one base period and one option year period will be awarded as a result of this synopsis/solicitation. The total duration of this contract shall not exceed three (3) years.

The Government reserves the right to make more than one award (multiple awards) for different line items, if after considering the additional administrative cost to the Government of awarding and administering separate purchase orders, it is determined that the multiple awards will result in the best value to the Government. For purposes of evaluating the cost of making multiple awards, it is assumed that the administrative cost of awarding and administering a purchase order is $500.

Quote Preparation Instructions and 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(s) will be made to the Contractor(s) representing the best value to the Government.

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

Addendum to 52.212-1:

Quote Preparation Instructions Contractors shall submit their quote electronically to the Contracting Officer by April 30, 2026 at 12:30 PM Pacific Time. Quotes shall be emailed to sarah.ackerman@usda.gov. Contractor is responsible for verifying receipt of quote by the Contracting Officer.

Any questions regarding this RFQ shall also be submitted electronically to Sarah Ackerman at the email address above no later than April 23, 2026 at 12:30 PM Pacific Time. Contractors shall submit a price quote by completing (and signing) the Schedule of Items. Contractors shall also submit a technical proposal that addresses the evaluation factors (below). ONLY return documents requested. DO NOT RETURN ENTIRE

SOLICITATION.

Each of the parts listed below (Price, Relevant Past Performance, Key Personnel, Technical Capability, and Quality Control Plan) shall be submitted in one email as separate attachments/documents (so evaluation of one document may be accomplished independently from the others). Pages that exceed limitations will not be evaluated. Pages will be evaluated in order received. DO NOT provide cover pages or pictures. A page is defined as one side of a sheet of paper. Do not use less than 10-point Font.

At a minimum, the Contractor’s quote must clearly provide the following:

Price (SF-1449 and Schedule of Items page):

Contractor shall fill out the SF-1449 and provide pricing as requested in the Schedule of Items including completion and signing of requested company information. Contractor shall include unit pricing and totals for all items they wish to be considered for award. Failure to do so may result in the quote being rejected without further consideration. All pricing shall be rounded to the nearest cent and not extend to more than two decimal places. Unit prices will govern any totaling errors unless otherwise determined by the Contracting Officer. Submit pricing schedule as a Word, Excel, or editable document.

Relevant Past Performance (Not to Exceed 3 Forms):

Contractor shall complete the separately attached “Relevant Past Performance Form” for up to three projects of similar magnitude they have completed within the last three years. Projects shall be of similar size, nature, and complexity. If Contractor has no relevant past performance history, the Contractor must affirmatively state that it possesses no relevant past performance history.

Key Personnel (Not to Exceed 1 Form/Crew Leader):

Contractor’s crew leaders are positions considered to be the key to successful performance of the contract. Contractor shall complete the separately attached “Key Personnel Form” for any proposed Crew Leaders to be utilized during the duration of the project. Quoter shall also identify any usage of Migrant and Seasonal Agricultural Workers and/or sub-contractors.

NOTE: Crew leaders identified as part of the technical proposal will be incorporated into the resultant contract. Substitutions to crew leaders will be subject to 7.0 Contractor’s Key Personnel in the Performance Work Statement.

Technical Capability (Not to Exceed 1 page):

Contractor shall provide available resources, a technical approach, and a statement indicating whether or not they can meet the requirements of this project within the specified timeframe AND verify they can start work by May 11, 2026 or earlier.

mailto:sarah.ackerman@usda.gov

Quality Control Plan (Not to Exceed 3 pages):

Contractor shall provide a Quality Control Plan that demonstrates how the Contractor will assure quality while meeting the requirements and specifications of the project. Plan shall reflect the Performance Requirement Measures and Government Quality Assurance Surveillance Plan found in the Performance Work Statement document.

Evaluation Criteria-Commercial Items 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(s) will be made to the Contractor(s) representing the best value to the Government.

The technical approach will evaluate the ability of the offeror to provide a sound, 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.

Technical proposals which merely paraphrase the requirements or use such phrases as “will comply” or “standard techniques will be employed” will be considered unacceptable and will not be considered further.

Price:

The Contractor’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.

Relevant Past Performance:

The Government may utilize any references provided by the Contractor, along with information available from past work similar in size, complexity and scope completed within the last three years; 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. The Government will consider the extent to which the vendor demonstrates experience performing work similar in scope, size, and complexity to the requirements of this solicitation. Government evaluators may avail themselves of various federal, state, and local past performance databases. The Government may research quoter performance on any federal, state, local, and commercial contract performance of the quoter that is known to the Government but not included on the submitted performance information. Additionally, the personal experience and evaluator knowledge of offeror performance may be utilized. 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: The Contractor 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 or the Contractor did not respond to this evaluation factor.

Key Personnel:

The Government will consider the extent to which the Contractor’s key personnel demonstrates experience performing work similar in scope, size, and complexity to the requirements of this solicitation. Length of experience and relevancy of key personnel will be considered. Verification that Crew Leaders meet or exceed the minimum education and experience requirements stated at Section 3.3 of the Performance Work Statement. Evaluation will result in an adjectival rating of outstanding, satisfactory, marginal, or unacceptable.

Technical Capability:

This technical factor will be evaluated based on completeness, acceptability, and reasonableness.

This factor will be evaluated using the following rating system:

Acceptable: The Contractor’s response illustrates they will be able to start work and complete the project within the timeframe.

Unacceptable: The Contractor’s response does not illustrate they will be able to start work and complete the project within the timeframe, or the Contractor did not respond to this evaluation factor.

Quality Control Plan:

This technical factor will be evaluated based on completeness, acceptability, and reasonableness.

This factor will be evaluated using the following rating system:

Acceptable: The Contractor’s response illustrates they understand the AQL’s and clearly demonstrates how the Contractor will assure quality while meeting the requirements and specifications of the project.

Unacceptable: The Contractor’s response does not illustrate they understand the AQL’s and/or does not clearly demonstrate how the Contractor will assure quality while meeting the requirements and specifications of the project., or the Contractor did not respond to this evaluation factor.

Evaluation Method The Government intends to evaluate quotations using a comparative evaluation methodology. This means quotations will be compared against one another to determine which provides the best value to the Government, based on the evaluation factors outlined in this solicitation.

The Government may consider quotations that exceed minimum requirements and offer additional value or benefits, even if they are not the lowest priced. However, formal tradeoff procedures will not be conducted.

The Government is not obligated to ask for additional information and in the absence of appropriate information, the quote will be rated DEFICIENT.

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 seven 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 sarah.ackerman@usda.gov

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.

mailto:sarah.ackerman@usda.gov

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

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations - Representation (Sep 2025) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Sep 2025) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (Nov 2025)

The following provisions are applicable if checked:

☒ 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024) ☒ 52.204-7 System for Award Management—Registration (Nov 2025) ☒ 52.223-4 Recovered Material Certification (May 2008)

Other Applicable FAR Provisions

52.217-5 Evaluation of Options (Nov 2025) 52.233-2 Service of Protest (Sep 2025)

AGAR Provisions

452.203-70 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Certification (Dec 2025)

(a) By submission of its offer, the offeror certifies that:

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

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

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

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

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

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

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

(End of Provision)

NOTICE FOR FILING AGENCY PROTESTS

United States Department of Agriculture (USDA) Ombudsman Program

The USDA is committed to issuing solicitations and awarding contracts in a fair and prompt manner.

The Ombudsman Program for Agency Protests (OPAP) was established to address protest issues within the agency, providing an alternative to costly and time-consuming litigation. Operating independently, OPAP offers relief comparable to that granted by the Government Accountability Office (GAO).

Interested parties are encouraged to resolve concerns through USDA’s internal Alternative Dispute Resolution (ADR) process before pursuing external forums such as the GAO. Concerns may be addressed informally or through a formal agency protest filed with either the Contracting Officer or the Ombudsman.

Informal Forum with the Ombudsman

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

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

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

Formal Agency Protest with the Ombudsman

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

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

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

4. Required Information: Protests shall include the information set forth in FAR 33.104(a)(3).

Failure to submit the required information may result in a delay or dismissal of the protest.

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

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

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

mailto:SPE.inquiry@usda.gov

Statement of Requirement