Attachment 1 Solicitation Terms and Conditions AMD 0001.docx

Attachment 1 - Solicitation Terms and Conditions Solicitation Number:

Lolo National Forest Plains Thompson Falls Planting Solicitation Number 1284LM26Q0030 AMD 0001

A. Description/Statement of Requirement

This requirement is for tree planting on lands administered within the Lolo National Forest, Plains-Thompson Falls Ranger District. The Contractor shall furnish everything necessary, including all labor, equipment, supervision, transportation, supplies (except those designated as Government furnished), and incidentals to perform all work necessary on the areas specified in the Statement of Work. The scope of the resultant contract will cover tree handling and planting.

Schedule of Items

Item 0001 – Tree Planting 12 x 12

Item 0002 – Walk-in

Solicitation Attachments

The following documents are included as attachments to this solicitation.

· Attachment 2 – Statement of Work

· Attachment 3 – Area Maps

· Attachment 4 – Summary of Information Chart AMD 0001

· Attachment 5 –Wage Determination

· Attachment 6 – Experience Questionnaire

Award Type

It is anticipated that a firm-fixed-priced purchase order 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 quoter representing the best value to the Government.

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

ii. Technical Acceptability: Technical Acceptability will be evaluated to receive an overall rating of “acceptable” or “unacceptable.” This will be based on the quoter’s ability to provide a sound and compliant approach that meets all requirements and shows a thorough understanding. It is the contractor's responsibility to ensure their quotation clearly demonstrates their capability to meet these requirements. All quoters must provide the following minimum information and documentation with their quotations to be considered responsive and have their quotes evaluated:

a. See instructions outlined in 52.212-1 Instructions to Offerors on pp. 13-15 of this document.

iii. 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:

a. 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.

b. Neutral: Quoter does not have a past performance record.

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

B. 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

The following clauses are applicable if checked:

☐ Alternate I (Mar 2020).

☐ Alternate III (Nov 2025) of 52.219-9.

☐ Alternate IV (Nov 2025) of 52.219-9

☐ Alternate I (Jul 2014) of 52.222-35 ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025) ☐ Alternate I (Jul 2014) of 52.222-36

☐ Alternate I (May 2008) of 52.223-9

☐ Alternate I (Jan 2017) of 52.224-3 ☐ 52.225-1 Buy American-Supplies (Nov 2025) ☐ Alternate I (Oct 2022) of 52.225-1 ☐ 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025) ☐ Alternate II (Nov 2025) of 52.225-3.

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

☐ Alternate IV (Oct 2022) of 52.225-3

☐ Alternate II (Nov 2025) of 52.240-92

☐ Alternate I (Apr 2023) of 52.247-64.

☐ Alternate II (Nov 2021) of 52.247-64 The Contractor shall comply with the following FAR Clauses for Commercial Services

This Statement is for Information Only:

It is not a Wage Determination

452.204–70 Modification for Contract Closeout (Nov 2025)

(a) If unliquidated funds in the amount of $1,000 or less remain on the contract, the Contracting Officer (Contracting Officer) shall issue a unilateral modification for de-obligation. 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 $1,000 remain on the contract, the Contracting Officer shall issue a bilateral modification for de-obligation. 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 $1,000 remain on the contract, the Contracting Officer shall issue a bilateral modification for de-obligation. 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.

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.

Insurance Under Fixed-Price Contracts

(a) The Contracting Officer must insert the following language in solicitations and contracts which include the clause at FAR 52.228-5, Insurance - Work on a Government Installation.

1. Workers' Compensation and Employer's Liability. The Contractor must comply with applicable Federal and State workman’s compensation and occupational disease statutes. If these diseases are not covered, they must be included under the employer's liability section of the policy, unless contract operations are commingled with the Contractor's commercial operations. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that prohibit private carriers from providing workers' compensation.

2. General Liability. The Contractor must have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

3. Property Liability (Remove if not required): The Contractor must have property damage liability insurance required in the amount of $X per occurrence. Contracting Officer must insert amount required.

4. Automobile Liability. The Contractor must have comprehensive automobile liability insurance covering bodily injury and property damage for all vehicles used in the contract. For U.S. operations, the coverage must be at least $200,000 per person, $500,000 per occurrence for bodily injury, and $20,000 per occurrence for property damage or loss.

5. Aircraft Public and Passenger Liability. When using aircraft for the contract, the Contractor must have aircraft public and passenger liability insurance. Coverage must be at least $200,000 per person, $500,000 per occurrence for bodily injury, excluding passengers. For passenger injury, coverage must be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

Migrant & Seasonal Agricultural Work Protection - Employment of Eligible Workers

(a) General. This contract is subject to the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 United States Code (U.S.C) 1801-1872, and to the U.S. Department of Labor (DOL) regulations implementing MSPA 29 Code of Federal Regulations (CFR) Part 500. MSPA eliminates activities detrimental to migrant and seasonal agricultural workers, requires registration of Farm Labor Contractors, and ensures necessary protection for the workers. Information regarding MSPA can be found at https://www.dol.gov /agencies/whd/agriculture/mspa.

If workers are hired under the H-2B program, (8 CFR Section 274A provisions of the Immigration and Nationality Act (INA) for the admission of nonimmigrants to the U.S. to perform temporary labor or services) a Temporary Employment Certification issued by the Office of Foreign Labor Certification (OFLC) in the Department of Labor Employment and Training Administration is required. For further information on the requirements of the H-2B program, visit OFLC's website at https://foreignlaborcert.doleta.gov/about.cfm or Wage and Hour's website at https://www.dol.gov/agencies/whd/immigration/h2b.

Compliance with MSPA and the INA is a material condition of this contract. If the contractor employs any unauthorized worker(s) during the performance of this contract that violates section 274A of the INA, the Government may terminate the contract, in addition to other remedies or penalties prescribed by law.

(b) Definitions as used in this requirement - H-2B Worker means a nonimmigrant holding a visa authorizing the individual to legally work in the US to perform temporary labor or services. A worker with an H-2B visa (H-2B worker) may also be considered a migrant agricultural worker under MSPA depending on the type and nature of work performed.

Migrant Agricultural Worker and Seasonal Agricultural Worker means individuals employed for agricultural (including forestry) work on a seasonal or temporary basis.

(1) A worker, moving from one seasonal activity to another, is employed on a seasonal basis even though the worker may continue to be employed during a major portion of the year.

(2) An overnight absence from the migrant workers permanent place of residence is required.

(3) Members of the contractor's immediate family are not considered migrant or seasonal workers. Immediate family includes:

(i) Spouse

(ii) Children, stepchildren, or foster children

(iii) Parents, stepparents, or foster parents, or

(iv) Brothers and sisters

(4) Farm Labor Contractor (FLC) means a person including an individual, partnership, association, joint stock company or a corporation, who, for any money or other valuable consideration, paid or promised to be paid, performs any recruiting, soliciting, hiring, employing, furnishing, or transporting of any migrant or seasonal agricultural worker.

(c) Registration Requirements. (1) Any contractor providing or hiring H-2B nonimmigrants for work under this contract shall provide a copy of their Temporary Employment Certificate. General information about the H-2B program can be found on Fact Sheet # 78 at http://www.dol.gov/whd/regs/compliance/whdfs78.htm. Contractors can apply for the certificate through the US DOL Foreign Labor Application Gateway at http://flag.dol.gov.

(2) Any contractor who meets the definition in (2.c.) above providing or hiring migrant or seasonal workers to perform agricultural or manual forestry work shall first obtain a Federal DOL Farm Labor Contractor Certificate of Registration (http://www.dol.gov/whd /forms/fts_wh530.htm). The contractor shall carry the certificate at all times while engaged in contract performance and shall display it upon request. Any of the contractor's employees who perform any one or more of the activities defined as an FLC in paragraph (2.c.) must have their own FLC Employee Certificate. General information about MSPA can be found on Fact Sheet #49 at DOL Wage and Hour Divisions webpage http://www .dol.gov/whd/regs/compliance/whdfs49.htm.

(d) Certifications. The Contractor shall provide applicable H-2B Temporary Employment Certificate and/or Farm Labor Contractor Certificate as part of their representations, certifications, and acknowledgements. Subcontractor(s) meeting the definitions above shall follow the same requirements as the Prime Contractor. It is the Prime Contractor's responsibility to ensure the Subcontractor's information is provided to the Contracting Officer.

(e) Worker Protections. (1) Worker Information Posters

(i) A contractor who uses the H-2B program to meet its temporary employment needs must post and maintain the H-2B poster (WH-1505) in a conspicuous location accessible to workers at the job site.

(ii) The contractor shall display and maintain the MSPA poster (WH-1376) on the job site in a conspicuous location accessible to workers during the contract performance period.

(2) Personal protective equipment

(i) 29 CFR 1910 Subpart I, OSHA's General Industry personal protective equipment (PPE) standard contains the general requirements for the provision of personal protective equipment and requires employers to perform a hazard assessment to select appropriate PPE for hazards that are present or likely to be present in the workplace. OSHA requires that many categories of personal protective equipment meet or be equivalent to standards developed by the American National Standards Institute (ANSI).

(ii) Before a worker begins operating equipment, the contractor shall train the workers on the safe operation and use of the equipment

(iii) The contractor shall provide the appropriate personal protective equipment for the work required to be performed in the contract, wherever necessary by reason of hazards or processes encountered that may cause injury or impairment in the function of any part of the body. Except for foot protection, all PPE must be provided by the employer at no cost to the employee. Includes:

(A) Head Protection

(B) Hearing Protection

(C) Eye/Face Protection

(D) Leg Protection

(E) Foot Protection

(F) Hand Protection

(iv) PPE must be sanitary and in reliable condition. Do not use defective or damaged PPE. PPE must be inspected prior to use on each work shift to ensure it is in serviceable condition.

(v) A checklist of applicable PPE guidelines typical for the work performed under this contract is provided. This does not relieve the contractor of the responsibility of performing a risk assessment or providing the necessary PPE for their operations.

Reference https://www.osha.gov/SLTC/personalprotectiveequipment/index.html or OSHA 3151-12R 2003 Personnel Protective Equipment Booklet. The booklet can be found at https://www.osha.gov/sites/default/files/publications/OSHA3151.pdf.

Manual Logging and Forestry Related Activities https://www.osha.gov/SLTC/etools/logging/manual/logger/personal_equip.html General Machine and Vehicles Logging and Forestry Related Activities https://www.osha.gov/SLTC/etools/logging/mechanical/machines.html

(3) Field Sanitation. OSHA established minimum standards for field sanitation in covered agricultural settings. Refer to Fact Sheet # 51 Field Sanitation Standards under the Occupational Safety and Health Act.

(f) Employment Requirements. Fact Sheets with relevant information may be found at http://www.dol.gov/WHD/fact-sheets-index.htm.

(1) Contractors employing workers in forestry related work are required to comply with wage and payroll standards and recordkeeping requirements. Refer to Fact Sheet #63: Application of Federal Labor Laws to Reforestation found on the DOL Wage and Hour Division webpage.

(2) Contractor Employee List. Contractors are required to maintain and provide upon request an active list of all employees performing work on the job site under this contract. The Employee List will identify employees by full name (aliases), supervisory duties if applicable, and appropriate labor Occupation Code for work performed under the Service Contract Act Wage Rates applicable to this contract. If Subcontractors are utilized, all tiers of subcontractor(s) are responsible for providing the same information for their employees to the Prime for submittal to the Contracting Officer.

(g) Transportation. (1) The contractor shall be registered to transport employees, unless employees provide their own transportation or carpool by their own arrangement in one of their own vehicles. Authorization for each vehicle that will be used to transport employees must appear on the contractor's certificate. If the contractor directs or requests employees to carpool, the registration requirement is applicable. Any driver who transports workers for a fee or at the direction of the contractor shall be registered as an FLC or an FLC employee.

(2) See Fact Sheet #50: Transportation under the MSPA, for more information about the vehicle safety standards, driver's licensing requirements, and vehicle insurance requirements. Note that separate transportation requirements may apply if there are H-2B workers.

(h) Housing. (1) The authorization to furnish housing, other than commercial lodging certified by a health authority or other appropriate agency, must appear on the contractor's certificate. Contractors should contact their local Wage and Hour Division of the DOL for further information on the requirements of the Act.

(2) Camping Requirements. The Forest Service (FS) has various camping opportunities. Check with local FS unit for camping requirements, camping permits may be required. Verify local fire restriction policies. If camps will be used to house workers subject to MSPA, they are also subject to the temporary labor camp standards at 29 CFR 1910.142. The Forest Service reserves the right to terminate a camping permit at any time. These requirements are in addition to those contained in or provided for under any other applicable contract clause. Any violation of these conditions constitutes a breach of contract and may result in revocation of camping approval.

(i) Every structure used as shelter must provide protection from the elements. Where adequate heat is not provided, make other arrangements to protect workers from the cold. Cut firewood only after a District Firewood Permit is obtained.

(ii) The campsite must not encroach beyond the boundaries designated by the Forest Service. The campsite location must minimize impacts on streams, lakes, and other bodies of water. Camping is not permitted within developed recreational sites or along primary recreational roads.

(iii) The campsite must have a clean appearance at all times. Upon abandonment of any campsite, or termination, revocation, or cancellation of camping privileges, the contractor shall remove, within 10 calendar days, all structures and improvements except those owned by the United States, and shall restore the site, unless otherwise agreed upon in writing or in the camping permit. Structures or improvements the contractor fails to remove within the 10-calendar day period becomes the property of the United States, however, the contractor remains liable for the cost of the removal and restoration of the site.

(iv) Unless otherwise designated by the CO, the use of the area is not exclusive and may be granted to other permittees, contractors, or recreating public. Disorderly conduct is not permitted.

(v) Damaging or removing any natural feature or other property of the Forest Service is prohibited.

(vi) Servicing of equipment in the campsite is not permissible unless the campsite is within the project area.

(vii) Provide sanitary facilities for storing food. Provide ice chests or coolers, with ice supply made from potable water, and replenish as necessary. Provide sufficient storage for perishable food items.

(viii) Provide an adequate and convenient potable water supply in each camp for drinking and cooking purposes.

(ix) Provide adequate toilet facilities and toilet paper for the capacity of the camp. Service and maintain facilities in a sanitary condition.

(x) Collect, store, and dispose of garbage in a manner to discourage rodent access, minimize attraction of flies, and prevent scattering by wind

(xi) Maintain basic first aid supplies available, which must be under the charge of a person trained to administer first aid. The basic supplies must include:

(A) Gauze pads (at least 4x4 inches)

(B) Two large gauze pads (at least 8x10 inches)

(C) Box adhesive bandages (such as band-aids)

(D) One package of gauze roller bandage (at least 2-inches in width)

(E) Two triangular bandages

(F) Scissors

(G) At least one blanket

(H) Tweezers

(I) Adhesive tape

(J) Medical gloves, (latex or non-latex equivalent), and

(K) Resuscitation device such as resuscitation bag, airway, or pocket mask.

(xii) Wash laundry in such a way that washing and rinsing will not pollute lakes, streams, or other flowing water.

(xiii) Dispose wastewater away from living and eating areas and in such a way that minimizes pollution to lakes, streams, and other flowing water.

(xiv) The contractor shall take all reasonable precautions to prevent and suppress forest fires. Do not dispose of material by burning in open fires during the closed season established by law or regulation without the written permission from the Forest Service.

(xv) If authorized to have an open fire, the Contractor shall comply with the following fire regulations:

(A) A shovel, axe or Pulaski, a 10-quart pail, which is full of water for immediate use, and a fire extinguisher with an Underwriters Laboratory (UL) rating of at least 1:A 10:BC is required.

(B) All fire rings or outside fireplaces must be approved by the Forest Service representative. The area must be cleared down to mineral soil for a distance of one foot outside of the ring or fireplace, and it must not have any overhanging material. Fire rings must be dismantled, and material disposed prior to leaving the site.

(C) All generators and other internal combustion engines must be equipped with Forest Service approved spark arrestors and/or factory designed muffler and exhaust system in good working order. They will be located in a cleared area with the same requirements as in described in the previous paragraph.

(D) All fuel must be stored in UL approved flammable storage containers and be located at least 50 feet from any open flame or other source of ignition.

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)

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

a) Submission of quotes. Submit signed and dated quotes to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, quotes shall include-

(1) The solicitation number;

(2) The name, address, telephone number of the Quoter;

(3) The Quoter’s Unique Entity Identifier (UEI);

(4) Information necessary to evaluate the factors described in the solicitation;

(5) Responses to provisions that require Quoter completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM));

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

Addenda to FAR 52.212-1(a):

(7) Quoters must have an active entity registration in the System for Award Management to submit a quote. https://sam.gov/entity-registration

(8) Quotes submitted in response to this solicitation shall include a technical proposal, a price proposal and a completed Employment of Eligible Workers - Workforce Certification (p. 17).

a) Technical Proposal – 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 (Attachment 6 Experience Questionnaire, Question #6). Include a brief description of the project, dollar amount, year completed, and project owner contact 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. If there is no past performance information available, the quoter will receive a neutral rating for this factor.

ii) Experience – complete Attachment 6 Experience Questionnaire and return with your quote. Contractors must have demonstrable successful experience completing projects of similar size and scope to the instant requirement.

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

(9) Submit quote by email to joanne.meiers@usda.gov so that it is delivered by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and completed Workforce Certification from p. 17 of this document) in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the quoter’s responsibility to confirm receipt of the quote.

(b) Period for acceptance of quotes. The Quoter agrees to hold the prices in its quote firm for 30 calendar days from the date specified for receipt of quotes.

(c) Late submissions, modifications, revisions, and withdrawals of quotes.

(1) Quoters are responsible for submitting quotes and any modifications or revisions to the Government email designated in the solicitation by the time specified in the solicitation.

(2) Any quote, modification, or revision received after the 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. However, a late modification of an otherwise successful quote that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotes cannot be received at the Government email designated for receipt of quotes by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotes will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Quoters may withdraw their quotes by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate quotes and award a contract without discussions. Therefore, the Quoter’s initial quote should contain the Quoter’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all quotes if such action is in the public interest, accept other than the lowest quote, and waive informalities and minor irregularities in quotes received.

(e) Debriefings. If a post award debriefing is given to requesting Quoter, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Quoter’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Quoter and the debriefed Quoter and past performance information on the debriefed Quoter.

(3) The overall ranking of all Quoters when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Quoter.

(6) Reasonable responses to relevant questions posed by the debriefed Quoter as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

Questions: Questions shall be submitted via email to joanne.meiers@usda.gov and are due no later than February 25, 2026, at 5:00 PM Mountain 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.

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.

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.

Employment of Eligible Workers - Workforce Certification (Provision) Contractors are required to provide certification under this solicitation in compliance with the Migrant and Seasonal Agricultural Workers Protection Act (MSPA) and Farm Labor Contractor (FLC) Certificate of Registration requirements describing the workforce they will utilize to fulfill the contract requirements under this solicitation and any resulting contract. If the Contractor will supply workers under the H-2B Program, the Contractor is required to provide a copy of the Temporary Employment Certificate issued by DOL.

Subcontractors are bound by the same requirements for licenses and permits under this contract. If a Prime Contractor identifies a Subcontractor as part of their workforce to accomplish the work under this solicitation, the Prime Contractor shall submit the Subcontractor's signed certification with their response to the solicitation.

H-2B Workers: (http://flag.dol.gov/about) ☐Company certifies it will not be utilizing H2B Workers under any resulting contract of this solicitation.

☐Company will be utilizing H2B Workers (under any resulting contract of this solicitation. Provide a copy of Temporary Employment Certificate.) MSPA Workers: (http://www.dol.gov/whd/mspa/) ☐Company certifies it will not be utilizing MSPA workers under any resulting contract of this solicitation.

☐Certifies has valid FLC certificate of registration. (Attach a copy of current certification.)

Authorization includes:

☐Transporting workers ☐Driving ☐Housing workers ☐Company has applied for a Certificate of Registration on ______________ .

Contractors not currently having obtained a certificate (for each partner, if partnership) will be requested to furnish proof of having obtained a Certificate of Registration prior to award of contract. If the contractor does not provide the required Certificate in a reasonable timeframe, the contractor will not be eligible for the contract award. Partnerships must furnish proof of registration of their assumed business name, if any, with the State of registration.

State of ______________ No.______________ Information about licensing requirements and procedures may be obtained from the following:

I, on behalf of said Company, certify to the above responses.

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.