1284LM26Q0049.pdf

1284LM26Q0049

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

04/06/2026 1167082

1 15

324 25TH ST

OGDEN UT 84401-2310

USDA-FS CSA INTERMOUNTAIN 2

Multiple

USDA FOREST SERVICE

FLATHEAD NF SWAN LAKE RANGER DIST

200 RANGER STATION RD

BIGFORK

MT 59911-0370

SARAH COTTON

04/20/2026 1900 ED

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

The purpose of this solicitation is to procure Pesticide application at Bigfork TIA on the Flathead National Forest. This solicitation is a 100% small business set-aside. All quotes will be good for 60 days.

Admin Office USDA Forest Service R1 Regional Office 24 Fort Missoula Rd Missoula MT 59804 Period of Performance: 05/01/2026 to 12/30/2030

0001 Foliar application of Western larch Montana High 1027 EA block

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 15

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1284LM26Q0049

Delivery: 11/30/2026

Period of Performance: 05/15/2027 to 02/28/2027

0002 Foliar application of Western larch Montana 1070 EA

Low/Mid block

Delivery: 11/30/2026

Period of Performance: 05/15/2027 to 02/28/2027

0003 Foliar application of Ponderosa pine Blue Mid 503 EA block

Delivery: 11/30/2026

Period of Performance: 05/15/2027 to 02/28/2027

0004 Foliar application of Ponderosa pine Blue High 708 EA block

Delivery: 11/30/2026

Period of Performance: 05/15/2027 to 02/28/2027

1001 Foliar application of Western larch Montana High 1027 EA block

(Option Line Item)

Delivery: 11/30/2027

Period of Performance: 03/01/2027 to 02/29/2028

1002 Foliar application of Western larch Montana 1070 EA

Low/Mid block

(Option Line Item)

Delivery: 11/30/2027

Period of Performance: 03/01/2027 to 02/29/2028

1003 Foliar application of Ponderosa pine Blue Mid 503 EA block

(Option Line Item)

Delivery: 11/30/2027

Period of Performance: 03/01/2027 to 02/29/2028

1004 Foliar application of Ponderosa pine Blue High 708 EA block

(Option Line Item)

Delivery: 11/30/2027

Period of Performance: 03/01/2027 to 02/29/2028

2001 Foliar application of Western larch Montana High 1027 EA block

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

3 15

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1284LM26Q0049

(Option Line Item)

Delivery: 11/30/2028

Period of Performance: 03/01/2028 to 02/28/2029

2002 Foliar application of Western larch Montana 1070 EA

Low/Mid block

(Option Line Item)

Delivery: 11/30/2028

Period of Performance: 03/01/2028 to 02/28/2029

2003 Foliar application of Ponderosa pine Blue Mid 503 EA block

(Option Line Item)

Delivery: 11/30/2028

Period of Performance: 03/01/2028 to 02/28/2029

2004 Foliar application of Ponderosa pine Blue High 708 EA block

(Option Line Item)

Delivery: 11/30/2028

Period of Performance: 03/01/2028 to 02/28/2029

2005 Foliar application of Douglas fir 7Ablock 191 EA

(Option Line Item)

Delivery: 11/30/2028

Period of Performance: 03/01/2028 to 02/28/2029

2006 Foliar application of Douglas fir southwest block 492 EA

(Option Line Item)

Delivery: 11/30/2028

Period of Performance: 03/01/2028 to 02/28/2029

2007 Foliar application of Douglas fir northwest block 317 EA

(Option Line Item)

Delivery: 11/30/2028

Period of Performance: 03/01/2028 to 02/28/2029

3001 Foliar application of Western larch Montana High 1027 EA block

(Option Line Item)

Delivery: 11/30/2029

Period of Performance: 03/01/2029 to 02/28/2030

4 15

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1284LM26Q0049

3002 Foliar application of Western larch Montana 1070 EA

Low/Mid block

(Option Line Item)

Delivery: 11/30/2029

Period of Performance: 03/01/2029 to 02/28/2030

3003 Foliar application of Ponderosa pine Blue Mid 503 EA block

(Option Line Item)

Delivery: 11/30/2029

Period of Performance: 03/01/2029 to 02/28/2030

3004 Foliar application of Ponderosa pine Blue High 708 EA block

(Option Line Item)

Delivery: 11/30/2029

Period of Performance: 03/01/2029 to 02/28/2030

4001 Foliar application of Western larch Montana High 1027 EA block

(Option Line Item)

Delivery: 11/30/2030

Period of Performance: 03/01/2030 to 12/30/2030

4002 Foliar application of Western larch Montana 1070 EA

Low/Mid block

(Option Line Item)

Delivery: 11/30/2030

Period of Performance: 03/01/2030 to 12/30/2030

4003 Foliar application of Ponderosa pine Blue Mid 503 EA block

(Option Line Item)

Delivery: 11/30/2030

Period of Performance: 03/01/2030 to 12/30/2030

4004 Foliar application of Ponderosa pine Blue High 708 EA block

(Option Line Item)

Delivery: 11/30/2030

Period of Performance: 03/01/2030 to 12/30/2030

4005 Foliar application of Douglas fir 7Ablock 191 EA

(Option Line Item)

5 15

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1284LM26Q0049

Delivery: 11/30/2030

Period of Performance: 03/01/2030 to 12/30/2030

4006 Foliar application of Douglas fir southwest block 492 EA

(Option Line Item)

Product/Service Code: 6840

Product/Service Description: PEST CONTROL AGENTS

AND DISINFECTANTS

Delivery: 11/30/2030

Period of Performance: 03/01/2030 to 12/30/2030

4007 Foliar application of Douglas fir northwest block 317 EA

(Option Line Item)

Product/Service Code: 6840

Product/Service Description: PEST CONTROL AGENTS

AND DISINFECTANTS

Delivery: 11/30/2030

Period of Performance: 03/01/2030 to 12/30/2030

Bigfork Tree Improvement Area (TIA) insecticide and fungicide application Flathead NF

Description - The purpose of this solicitation is to secure services for insecticide and fungicide application at the Bigfork Tree Improvement Area (TIA) on the Flathead National Forest.

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

Solicitation number 1284LM26Q0049 is issued as a Request for Quotation (RFQ)

This acquisition is set-aside for small business concerns. The applicable North American Industry Classification Standard Code is 115310 The small business size standard is $11.5 M This acquisition is a Total Small Business Set-Aside. All responsible sources may submit a quotation which will be considered by the agency.

Statement of Requirement Insecticide and fungicide application at the Bigfork Tree Improvement Area (TIA) on the Flathead National Forest

Technical Data

Attachment 1: 1284LM26Q0049 Attachment 2: SOW_PesticideApplication Attachment 3: WD 2015-5401 Rev 27 Dated 03 Dec 2025 Attachment 4: Experience Questionnaire

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

Pg 6 of 15 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

Mandatory Clauses By Reference

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2025) ☐ Alternate I (Nov 2025) of 52.212-4

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)

☐ Alternate I (Nov 2025) of 52.222-50 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)

☐ Alternate I (Nov 2025) of 52.240-91 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)

Additional Contract Clauses

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) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) 52.219-6 Notice of Total Small Business Aside (Nov 2025)

☐ Alternate I (Mar 2020).

52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2025) 52.222-35 Equal Opportunity for Veterans (Nov 2025)

☐ 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 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 Pest Controller $32.04

Pg 7 of 15

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) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Nov 2025) 52.223-23 Sustainable Products and Services 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

52.225-5 Trade Agreements (Nov 2023) ☐ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) ☐ 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

Other Applicable Clauses

52.217-8 Option to Extend Services (Nov 1999) 10 calendar days prior to contract expiration

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) 5 Calendar days prior to contract expiration and 5 days

(c) five years.

52.245-1 Government Property (Sep 2021) ☐ Alternate I (Sep 2021) of 52.245-1

52.245-2 Government Property- Government will provide all chemicals and spray mix additives

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-

Pg 8 of 15 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

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Officer shall release the modification as unilateral and proceed with contract close-out upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and a ‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 120 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(End of Clause)

Solicitation Information

Award Type

It is anticipated that a firm-fixed price requirements contract consisting of one (1) one-year base period and four (4) one-year option periods shall be awarded as a result of this synopsis/solicitation.

The total duration of this contract shall not exceed five (5) years.

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.

(a) The Government will evaluate based on:

(I) Price (II) Contractors submitted Quality Control Plan (III) Past Performance in Government Contracting (IV) Experience in insecticide and fungicide application

Technical Approach:

Technical Acceptability:

Technical Acceptability will be evaluated to receive an overall rating of "acceptable" or "unacceptable." This will be based on the offeror's ability to provide a sound and compliant approach

Pg 10 of 15 that meets all requirements and shows a thorough understanding of them. It is the contractor's responsibility to ensure their quotation clearly demonstrates their capability to meet these requirements. All offerors must provide the following minimum information and documentation with their quotations to be considered responsive and have their offers evaluated:

Detailed explanation of the offeror’s ability to perform the required services. A simple statement of capabilities will not suffice. The offeror must address how they will accomplish the requirement in the statement of work. Contractors Quality control Plan will need to demonstrate an ability to understand the requirement. The Contractor needs to demonstrate how they are going to perform pumping and cleaning services, manage the quality of services and ensure timeliness.

Quality Control Plan:

• Acceptable: The contractor shows a demonstrate ability to understand the requirement. The contractor demonstrates how they are going to perform insecticide and fungicide application, manage the quality of services and ensure timeliness.

• Unacceptable: Vendor does not submit quality control plan. Vendor is unable to demonstrate the ability to understand the requirement. The vendor does not demonstrate how they are going to perform insecticide and fungicide application, manage the quality of services, and ensure timeliness.

Experience:

• Acceptable: The contractor shows detailed experience in insecticide and fungicide application, or provides information that shows that their subcontractor detailed experience in insecticide and fungicide application

• Unacceptable: The vendor is unable to show detailed experience in insecticide and fungicide application.

Price:

The offeror shall provide pricing as requested in the Schedule of Items on the SF18 of this Request for Quote. Failure to propose pricing for all individual line items may result in a quotation being excluded from further consideration. The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.

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:

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• Acceptable: The contractor shows a demonstrated ability to meet contract requirements in prior or current contracts, including quality of work, timeliness, cost control, business relations, and adherence to contract terms.

• Neutral: Offeror does not have a past performance record.

• Unacceptable: The contractor has a documented history of failing to meet contract requirements, including poor quality, missed deadlines, cost overruns, lack of responsiveness, or unethical behavior.

Submission of more than one quote:

Companies are not permitted to submit more than one quote for evaluation. Companies may submit an updated priced quote, but must specify in writing that this is an updated quote.

Evaluation Method:

The Government will evaluate quotations based on the lowest price technically acceptable criteria.

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

Delivery Information

Timing for insecticide application will depend on when the damaging insects are flying in a specific year and can be as early as March. Contractor will respond and be ready to spray required pesticide within 72 hours of COR determining application is needed. The only exception to this would be if weather changes drastically and a different timing regiment is determined to be better by the COR.

Contractors will attempt to complete work required of them in consecutive days if more than one day is needed for the application. If weather and spray conditions change once the contractor is on sight part way through the day decided on for spray activity, then the COR and the contractor’s representative will work together to determine the next best spray window to complete the work.

Service calls are expected to take place between March 1 through November 30th

Service Contract Labor Standards WD 2015-5401 Rev 27 Dated 03 Dec 2025

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

Pg 12 of 15 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)

Submittals:

• Pricing on SF 1449

• Contractors Quality Control Plan

• Experience Questionnaire

• Past performance documentation limit of 3 pages

FAR 52.212-1 is amended as follows:

Period for acceptance of offers.

The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

Questions Questions shall be submitted via email to Sarah.Cotton@usda.govThis 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.

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:.

☒ 52.204-7 System for Award Management—Registration (Nov 2025) ☐ Alternate I (Nov 2025) to 52.204-7

☒ 52.225-2 Buy American Certificate (Oct 2022) ☒ 52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Nov 2025) ☒ 52.225-6 Trade Agreements-Certificate (Feb 2021)

Other Applicable FAR Provisions

52.217-5 Evaluation of Options (Nov 2025) 52.237-1 Site Visits (Apr 1984)

Pg 13 of 15 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 mailto:Sarah.Cotton@usda.gov

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

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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.

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