12FPC326Q0005 Combined Synopsis-Solicitation Idaho PMC Janitorial Svcs RFQ.docx

COMBINED SYNOPSIS/SOLICTITATION

12FPC326Q0005

For Janitorial Services USDA NRCS-Idaho, Aberdeen Plant Materials Center (PMC)

General Information Date Offers are Due: March 4, 2026 Time Offers are Due: 5:00pm ET

Classification Set-Aside: Total Small Business Product Service Code: S201 Housekeeping, Custodial Janitorial NAICS Code: 561720, Janitorial Services Place of Performance/Location: Aberdeen, Idaho

Description The NRCS Aberdeen Plant Materials Center (PMC) has a requirement for high quality janitorial services at the location stated herein, in accordance with these specifications and other terms and conditions set forth. The work covered under these specifications consists of performing all operations in connection with janitorial/custodial services in the buildings.

The Contractor shall furnish all labor, supervision, equipment, transportation, quality control, and supplies necessary (except those identified as Government provided) to satisfactorily perform the services specified. It is intended that the services will include, whether specifically listed, all functions normally considered a part of commercial janitorial/custodial work.

All cleaning supplies and materials shall meet environmentally preferable cleaning products as certified by Green Seal, Greenguard or similar organizations. A Material Safety Data Sheet (MSDS) shall be obtained and given to the Contracting Officer Technical Representative (COTR) for all cleaning products stored onsite. Also, all cleaning products used shall be equal to the most suitable grade of the respective article as is used in standard acceptable cleaning operations.

The work site is located at the Natural Resources Conservation Service, Aberdeen PMC, 1691A South 2700 West, Aberdeen, Idaho (approximately 110 miles northeast of Twin Falls, ID and 40 miles west southwest of Pocatello, ID). The building to be covered by these services is approximately 3,000 sq. ft. The building shall be cleaned one day per week.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Part 12, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation, offers are being requested and a separate written solicitation will not be issued.

The solicitation number 12FPC326Q0005 is issued as a Request for Quotation (RFQ). The acquisition procedures at FAR Parts 12 are being utilized. The Government anticipates the award of one firm fixed-priced contract resulting from this solicitation. Award will be made to the responsible quoter whose quote responds to the terms of this RFQ and is the best value for the Government.

This acquisition is being set-aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at https://www.acquisition.gov.

The applicable North American Classification System Code (NAICS) is 561720, Janitorial Services; the small business size standard is $22.0M. For more information on size standards visit http://www.sba.gov/size. Active SAM registration is required in order to be awarded this contract and must remain active throughout the period of performance. All responsible sources may submit a quotation which may be considered by the agency.

Federal Acquisition Regulations (FAR) and the United States Department of Agriculture Acquisition Regulations (AGAR) Clause 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 requirements 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:

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

The following clauses are mandatory in all solicitations and contracts 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) 52.232-40 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)

The following clauses are applicable:

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management—Maintenance (Nov 2025) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) 52.219-6 Notice of Total Small Business Aside (Nov 2025) 52.222-3 Convict Labor (June 2003) 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (Nov 2025) 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) 52.240-92 Security Requirements (Nov 2025) 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025)

The Contractor shall comply with the following FAR Clauses for Commercial Services:

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

Other Applicable Clauses

52.216-1 Type of Contract (NOV 2025) The Government contemplates award of one firm fixed-priced contract resulting from this solicitation.

52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer (CO) is the only person authorized to approve changes in any of the requirements of this contract. This authority remains solely with the CO. In the event that the Contractor effects any change at the direction of any person other than the CO, the change will be considered to have been made without authority and NO adjustment will be made in the contract price to cover any INCREASE in costs incurred as a result thereof.

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PAYMENT PLATFORM (IPP)

Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Payment Platform System (IPP) or the Contractor must be willing to accept payment by Government purchase card.

The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices. Contractor assistance with enrollment can be obtained by calling (866) 973-3131.

Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

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.

452.204–70 Modification for Contract Closeout (Nov 2025)

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

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

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

Solicitation Information

Award Type It is anticipated that a Firm-Fixed Price award consisting of one (1) 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.

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 award one (1) Firm Fixed Price contract resulting from this solicitation. Award will be made to the Lowest Price Technically Acceptable (LPTA) quote. The technical factors consist of three (3) factors. The evaluation team will give the technical factor and “Acceptable” or “Unacceptable” determination before moving onto the price analysis for those with an “Acceptable” technical determination. Once the evaluation team reaches its Lowest Price Technically Acceptable quote, the evaluation will stop and no other quotes will be considered for award. The following shall be used to evaluate quotes:

i. Technical Factor 1: Personnel Qualifications/Technical Capability: Technical capability includes qualifications, experience, capacity, and strategy for executing the work.

ii. Technical Factor 2: Compliance/Capacity, Management Capability

iii. Technical Factor 3: Past Experience

iv. Factor 4: Price Pricing that is unrealistically low may be considered an indication that an offeror does not possess adequate understanding of the requirement or the requisite technical capability to successfully perform the work.

(b) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the quoter’s specified expiration time, the Government may accept a quote (or part of a quote) unless a written notice of withdrawal is received before award.

The following factors shall be used to evaluate offers:

TECHNICAL FACTOR 1 – Personnel Qualifications/Technical Capability Instructions to Quoter – Quoters must be familiar with the type of janitorial/custodial services as specified in the work statement as well as demonstrate that they possess specific knowledge of this type of janitorial/custodial services. Quoters will illustrate that key project personnel collectively have the ability, through application of professional knowledge and experience regarding this type of janitorial/custodial services. Offerors should demonstrate they have the personnel to satisfactorily complete the work.

Evaluation Criteria - To be considered qualified technically, the quoter must demonstrate a clear understanding of all requirements and demonstrate that as a contractor they have technical expertise in this type of janitorial/custodial services. The personnel qualifications and technical capability will be evaluated to determine whether the offeror possesses the key qualified personnel with the education and/or experience to provide the services required by this solicitation. Experience related to janitorial/custodial services in federal buildings is highly preferred. Quoter must demonstrate a clear understanding of all requirements and demonstrate that as a contractor, they have technical expertise in providing the specified janitorial/custodial services. The quoter must also demonstrate they have the necessary expertise and personnel to furnish the service described in the work statement.

TECHNICAL FACTOR 2 – Compliance/ Capacity, Management Capability Instructions to Quoter: The quoter shall possess experience with the type of janitorial/custodial services as specified in the work statement. Quoter shall submit a well-defined general plan of work to successfully accomplish the work described in the work statement. The general plan of work shall include a strategy for managing all elements of the work and a strategy for adhering to project schedules. The quoter shall include descriptions of similar project experience in the past 3 years. The quoter shall describe how they currently have the capacity and how they plan to accomplish the work in the required timeframes. Evaluation will be based on the ability to accomplish work according to the time frames identified in the work statement.

Additionally, the quoter shall describe and support, with examples, the quality and timeliness of performance under previous contracts. Include a minimum of 2 references with the following information: (a) Company/Government Name, (b) complete address, (c) point of contact, (d) telephone/email address, (e) contract number, (f) contract type, (g) contract amount at award, (h) contract amount at completion, (i) brief description of work provided, (j) any special problems encountered and actions taken to adapt to customer’s needs.

Evaluation Criteria: Quoters will be evaluated on the ability to comply with the terms and conditions of the contract and experience in providing the type of janitorial/custodial services as specified in the work statement. The quoter will also be evaluated in their ability to meet schedules and deadlines, and they will be evaluated on their ability to provide timely and quality services according to the timeframes identified in the work statement through effective quality assurance and quality control protocols. Areas of consideration will include having experience with the type of janitorial/custodial services as specified in the work statement. Quoter must demonstrate previous experience working on similar projects and managerial expertise required to meet the contract requirements. The quoter will also be evaluated on past performance and the quoter’s demonstrated commitment to customer satisfaction and timely delivery of quality services at fair and reasonable prices.

TECHNICAL FACTOR 3 – Past Experience An evaluation panel will conduct a past experience evaluation that examines a quoter’s recent and relevant past performance record to determine a contractor’s relevant history with the type of janitorial/custodial services as specified in the work statement. The technical evaluation will consider the currency and relevance of the information, source of the information, and context of the data. The purpose of this technical factor evaluation is to allow the Government to assess the quoter’s ability to perform the effort described in this solicitation, based on the quoter’s historical experience.

Instructions to Quoter: Provide a list of no more than three (3) of the most relevant contracts performed for Federal agencies and commercial customers within the last five (5) years. Only references for relevant and recent past efforts/contracts are desired. The Government will evaluate relevant performance relative to the requirements of this RFQ, and the attached SOW. The Government will use information submitted by the quoter to independently verify Contractor Responsibility. The Government may review past performance records, such as CPARS, FAPIIS, verifying references, etc. Items that will be considered are general trends in the quoters performance, the number and severity of problems, the effectiveness of any corrective actions taken, and the offeror's overall performance record. Relevant performance includes technical expertise in the type of janitorial/custodial services as described in the SOW. The past performance should include the following information: (a) Company/Government Name, (b) complete address, (c) point of contact, (d) telephone/fax number, (e) contract number, (f) contract type, (g) contract amount at award, (h) contract amount at completion, (it) brief description of work provided.

Evaluation Criteria: The offeror will be evaluated by the following:

(a) Recency: The ability to prove performance within the last five (5) years.

Relevancy: The ability to prove performance of relevant work, relevant to this requirement. Areas of consideration will include having qualified personnel with previous experience working as a team on similar projects within the area in which the type of janitorial/custodial services are required per the SOW.

FACTOR 4 - Price Instructions to Quoter: Quoter should complete Attachment 2, Quote Sheet.

Evaluation Criteria: To evaluate quotes for award purposes, the Government will apply the quoter’s proposed fixed-prices/rates to the estimated quantities included in the solicitation (if applicable). These prices will be evaluated to determine reasonableness of the price. A comparison of the proposed prices, government estimate, and/or market values will be used. Quoters are put on notice that any quotes that are unrealistic in terms of technical commitment or unrealistically low in price, will be deemed reflective of an inherent lack of technical competence or indicative of failure to comprehend the complexity of contract requirements and may be grounds for rejection of the quote.

Delivery Information The work site is located at the Natural Resources Conservation Service, Aberdeen PMC, 1691A South 2700 West, Aberdeen, Idaho (approximately 110 miles northeast of Twin Falls, ID and 40 miles west southwest of Pocatello, ID). The building to be covered by these services is approximately 3,000 sq. ft. The building shall be cleaned one day a week.

All cleaning supplies and materials shall meet environmentally preferable cleaning products as certified by Green Seal, Greenguard or similar organizations. A Material Safety Data Sheet (MSDS) shall be obtained and given to the Contracting Officer Technical Representative (COTR) for all cleaning products stored onsite. Also, all cleaning products used shall be equal to the most suitable grade of the respective article as is used in standard acceptable cleaning operations.

Service Contract Labor Standards The Service Contract Labor Standards 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 throughout the state of Utah. The Contracting Officer has determined the places of performance and has listed below and included wage determinations for each place as an attachment to this solicitation:

Service Contract Labor Standards Wage Determinations The following Department of Labor wage determinations are incorporated into this contract. Wage determinations may be found at: https://sam.gov/wage-determinations Wage Determinations: 2015-5517 Rev. 27, dated 12/03/2025

Qualification Requirements Offerors, or the product or service, ARE required to meet a qualification requirement to be eligible for award. Qualification requirements are described in Attachment 1 Work Statement.

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) FAR 52.212-1 is amended as follows:

Questions shall be submitted via email to amy.smith2@usda.gov and are due no later than February 24, 2026, at 5:00 PM Eastern 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.

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (Nov 2025)

The following provisions are applicable:

52.204-7 System for Award Management—Registration (Nov 2025)

Other Applicable FAR Provisions 52.217-5 Evaluation of Options (Nov 2025) 52.223-1 Biobased Product Certification (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.

Additional Information for Offerors:

Period of Performance The estimated period of performance is March 15, 2026 – February 28, 2027 for the base period and March 1 – February 28 (29) for every option period thereafter, if exercised.

Please refer to the following documents which are hereby incorporated and made a part of this solicitation:

· Attachment 1 – Work Statement (12 pages)

· Attachment 2 – Quote Sheet (1 page)

· Attachment 3 – Vendor Information Sheet (1 page)

· Attachment 4 – Applicable Wage Determination(s) (10 pages)

Quotes are due no later than March 4, 2026, 5:00pm ET.

Emailed quotes will be accepted. Quotes shall be submitted on company letterhead, signed, dated and sent via email to Amy Smith, Contract Specialist at amy.smith2@usda.gov no later than March 4, 2026, 5:00pm ET. Quoters shall utilize Attachment 2 to this solicitation to submit their pricing quotations.

The Government intends to make an award based on the best value to the Government. In order to be considered, a contractor must submit the following in response to this RFQ (failure to provide this information will result in a non-responsive quote):

1. Technical Capability Narrative;

2. Completed Quote Sheet (Attachment 2);

3. Completed Vendor Information Sheet (Attachment 3); and

4. Active/complete registration in SAM (including designation as a Small Business).

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.