A14_26Q0001_Final.pdf

Insulated Shipping Containers 123A9426Q0001

Description - Insulated Shipping Containers

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; offers are being requested, and a separate written solicitation will not be issued.

Solicitation number 123A9426Q0001 is issued as a Request for Quotation (RFQ) for insulated shipping containers.

This acquisition is 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 www.acquisition.gov.

The applicable North American Industry Classification Standard Code is 322211 – Corrugated and Solid Fiber Box Manufacturing. The small business size standard is 1,250. 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

Statement of Requirements for Shipping Containers Project Sonoco Thermosafe insulated shipping containers and peripheral supplies for the Western Lab with specifications listed in the Contractor Requirements section of the statement of requirements.

General Information

1.0 Scope of Work

The Food Safety and Inspection Service (FSIS), an agency within the United States Department of Agriculture, administers a comprehensive system of inspection laws under the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act. More than 9,600 FSIS employees carry out the inspection laws in more than 6,000 meat, poultry, egg, and other slaughtering or processing plants. The FSIS Office of Public Health Science (OPHS) provides analytical support to all inspection activities from three multi-disciplinary Field Service Laboratories (FSL's) which are in Athens, Georgia; St. Louis, Missouri; and Albany, California. The FSL's provide chemistry, microbiology, pathology, and other scientific testing of meat, poultry, and egg products.

2.0 Background

In fiscal year 2022, the laboratories analyzed more than 144,000 samples. Sample containers were shipped from establishments throughout the United States, to the FSL’s that contained tissues from beef, swine, and poultry, such as muscle, liver, and kidney, Ready-to-Eat meat and poultry products (i.e., hotdogs, Prosciutto and chicken pot pies) and other sample matrices (i.e. catfish, liquid and dried pasteurized eggs, sponges and rinses from poultry carcasses, and cecal samples from bovine, porcine and poultry species). Samples are shipped to the laboratories in specialized insulated http://www.acquisition.gov/ containers by the FSIS inspectors in the slaughter and processing plants so to maintain specific temperature requirements. The laboratories return the empty containers to the inspector with necessary sampling supplies for further sampling.

Contractor Requirements

3.0 Technical Requirements / Tasks

Shipping containers in multiple sizes for the Eastern and Western FSL’s that consists of replaceable and recyclable components that will maintain frozen or refrigerated samples between 0-15ºC for a minimum of 72 hours. Containers will be purchased as a complete unit as well as purchasing items separately as needed by the FSL’s.

Generally, one (1) to three (3) pounds of sample material is shipped in a small container and up to ten (10) pounds of sample material in a medium container up to fifteen (15) pounds of sample material in a large container. Most samples are shipped under refrigerated conditions and some samples are frozen at the plants before being shipped.

SPECIFIC REQUIREMENTS

A. Overall Minimum Specifications:

1. Temperature Requirement: The shipping containers must meet the temperature control requirements for samples, as follows:

a. Frozen samples: placed in the container at a temperature less than 32 degrees

Fahrenheit not to exceed 32 degrees Fahrenheit.

b. Refrigerated Samples: placed in the containers at a refrigerated temperature of 35-

47ºF (2-8ºC) must not be below 32 degrees Fahrenheit (< 0ºC) nor exceed 59 degrees Fahrenheit (>15ºC) upon receipt at the laboratory. Preference given to containers that will maintain temperature for 72 hours or longer.

2. The method or product used to maintain temperature must be leak resistant, durable, and reusable. If the temperature maintenance product is separate from the container unit, would prefer availability of temperature maintenance product in multiple sizes.

3. The method or product used to maintain temperature must be able to be separated from the sample. Currently use a carboard separator, but not limited to this product. If this is separate from the container unit, would prefer availability of the separator product in multiple sizes.

4. There should be method or product to absorb condensation from the products used to maintain temperature. Currently use an absorbent pad, but not limited to this product. If this is separate from the container unit, would prefer availability of the absorbent product in multiple sizes.

5. The containers shall incorporate replaceable component parts if needed to facilitate longevity of the container and support cost efficiency of the sampling program.

6. The components are recyclable, preferably.

7. The containers must be leak resistant, durable, and reusable. Durability is required for at least six (4) round trips from the laboratory to the plant and return. Preference given to containers that remain durable for more than 4 trips.

8. Containers shall be self-sealing.

9. The container surface must allow for a sealing material to adhere properly to the container. Refer to FSIS Directive 7355 on-line. FSIS Directive 7355.1, Rev. 2 - December 3, 2002 (usda.gov)

10. Containers must limit movement of the sample held in the container prevent rupture, breakage, and leakage.

11. No fire retardant is to be in any of the materials or components of the shipping containers.

12. Containers that are purchased as a complete unit must have a tamper proof sealed bottom that is highly resistant to moisture, chemicals, and tares.

13. Must be able to stack multiple (more than 4) small and large containers without collapsing or crushing the contents.

14. Must meet EPA Resource Conservation and Recovery Act (RCRA) recommendations for the use of recycled content/paper/structural fiberboard, and laminated paperboard.

15. Must meet all U.S. Department of Transportation (DOT) and International Air Transport Association (IATA) Shipping Requirements as well as those of the Federal Government contractor for overnight package deliveries.

B. Requirements for Interior Dimension (LxWxD): Looking for any solutions that could accommodate a diverse assortment of sampling supplies that are shipped out in these containers.

Please note that these containers should accommodate supplies listed in Appendix A, which are provided by the Government.

Currently utilized but not limited to for solutions:

1. Small- The inside of the container must provide 8”x8”x 6.75”

2. or equivalent size space for sample material.

3. Medium- The inside of the container must provide 8.25” x 8.25” x 8.75” or equivalent size space for sample material.

4. Large- The inside of the container must provide a 13” x 9.25” x 10.75” or equivalent size space for sample material.

C. Exterior Surface Requirements: The outside of the container must contain the following:

1. The capability to affix a self-adhesive shipping label that is 4½W”x7H” and our current security seal material.

2. The outside of the container must allow our security seals or signage to be removed without evidence of tampering (refer to FSIS Directive 7355). FSIS Directive 7355.1, Rev. 2 - December 3, 2002 (usda.gov)

3. Would prefer the exterior to contain a USDA, FSIS marking/identification.

4. Would prefer the exterior to contain a unique identification number and barcode to enable tracking individual units.

D. Weight Requirements (Containers with all Components):

1. Small containers shall be no more than five (5) pounds total weight.

2. Medium container shall be no more than ten (10) pounds total weight.

3. Large containers shall be no more than fifteen (15) pounds total weight.

All shipping and handling charges must be included in the contracted items.

4.0 Government Furnished

N/A https://www.fsis.usda.gov/sites/default/files/media_file/2020-07/7355.1.pdf

Appendix A:

All containers should have adequate space for a pair of non-sterile sampling gloves and a 6” x 12” FSIS Sampling Seal. In addition, different container requirements below to are shipped with the supplies below for shipment to the field and then return to the lab. Supplies are provided by the laboratories and are not to be included by the vendor.

1. Raw beef projects Supplies shipped to the field Samples shipped to the laboratories

3 – 24oz sterile fill line closure bags (Whirl-Pak or equivalent

2-pound sample in 3 Whirl-Paks

2. Cloth sampling projects

Supplies shipped to the field Samples shipped to the laboratories

1 – MicroTally Cloth with a minimum width of 7.5”

1 – MicroTally Cloth with 25ml of nBPW added

1 – 25ml container of nBPW

3. Poultry comminuted/mechanically separated projects

2 – 24 oz sterile fill line closure bags (Whirl-Pak or equivalent

2-pound sample in 2 Whirl-Paks

4. Poultry rinsate projects

1 – 120ml specimen jar with lid 1 – 120ml specimen jar with lid and 100 ml of sample

– 400 ml nBPW

***Additional measures taken to prevent container breaking or busting during transit, preferred

5. Turkey carcass projects

2 – Sterile sponges in Whirl-Pak or equivalent

2 – Sponges (1 with 10 ml nBPW added, 1 with 25ml of nBPW added)

1 – 5x10cm template

1 – 10ml nBPW 1 – 25 ml of nBPW

6. NARMS projects

2 – 120ml specimen jars with lid 2 – 120ml specimen jars with lids containing sample

2 – pair metal scissors 2 – pair metal scissors

1 – 60cc syringe with catheter tip

3 – tongue depressors

7. Egg projects

2 – 120ml specimen jars with lid 2 – 120ml specimen jars with lids containing sample

1 – 8oz sterile scoop

8. Ready-To-Eat (RTE) projects

a. Sample size greatly varies

b. Container should provide an interior dimension (LxWxD) of 24½ x17x12 or equivalent size space for sample material

Delivery Information

F.o.b. destination, is requested as the F.O.B. point for all deliverables. All offers will be considered F.O.B. Destination unless F.O.B. origin is specified AND estimated shipping costs are included.

The USDA requires delivery of all items 30 days after receipt of order. Early deliveries will be accepted.

Shipping Instructions:

Items shall be shipped to the following address:

USDA, FSIS, OPHS, Western Laboratory 800 Buchanan Street Albany, CA 94710

USDA, FSIS, OPHS, Midwestern Laboratory 7654 Natural Bridge Rd St. Louis, MO 63121

USDA, FSIS, OPHS, Eastern Laboratory 950 College Station Athens, GA 30605

Award Type

It is anticipated that a firm fixed price 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 NOTE: Brand-name justification must be posted with solicitation per FAR 11.105 and 5.102(a)(6).

Evaluation Criteria

The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 12.203 based on the criteria listed below. Award will be made to the offeror representing the best value to the Government.

Price: Any quantity price discounts and discounts for prompt payment should be included in this section. The offeror shall provide pricing as requested in the attached spreadsheet titled “26Q0001 – Insulated Shipping Containers”. Any quantity price discounts and discounts for prompt payment should be included in this section. Failure to propose pricing for all line items may result in a quotation being excluded from further consideration. The offeror’s quotation will be evaluated in accordance with FAR 12.209, to determine if it is fair and reasonable.

Technical Acceptability: The United States Department of Agriculture (USDA) requires the following items on a brand name basis.

Product # Product Description Stock NumUnit Price ($) EL Quantity EL Total ($) ML Quantity ML Total ($) WL Quantity WL Total ($) PP24USDA Hard Gel Pack 1401 0 0 1152 1000 M20USDA Small Container 2404 0 0 180 118 M20USDANG Small Container w/o gel packs 2404 0 0 0 0 M54USDANG Large Container 2405 0 0 144 0 M54USDANGNG Large Container w/o gel packs 2405 0 0 0 0 M16USDA Extra Small Container 2911 0 0 448 696 M16USDANG Extra Small Container w/o gel packs 2911 0 0 0 0 M16UFOLS Extra Small Container Overwrap 2912 1500 0 1800 0 M20UFOLS Small Container Overwrap 2912 3500 0 2200 0 M54URSCNC Large Container Overwrap 2912 0 0 250 1000 M16ULINER Extra Small Thermoformed Liner 2913 0 0 0 0 M20ULINER Small Thermoformed Liner 2913 0 0 0 0 M54ULINER Large Thermoformed Liner 2913 0 0 0 0 M20UPAD 8 Ply Absorbent Pad 3331 0 0 80000 0 M20UPAD1 Corrugated Spacer Pads 3331 0 0 2000 0 M16UPLUG Extra Small Closure Plug 5123 0 0 0 0 M20UPLUG Small Closure Plug 5123 0 0 0 0 M54UPLUG Large Closure Plug 5123 0 0 0 0

Technical Acceptability will be evaluated to determine an overall rating of “acceptable” or “unacceptable”. Technical Acceptability will be evaluated on the ability of the offeror to provide new manufactured commercial items from the Original Equipment Manufacturer (OEM) or an OEM approved source. To be considered technically acceptable, the quoted product must:

1. Be the exact brand name, make, and model number specified in the solicitation.

2. Include sufficient documentation (e.g., manufacturer quote, datasheet, or product listing) to confirm the product offered is the exact item requested.

3. Be new (not refurbished or remanufactured) and meet all delivery requirements stated in the solicitation.

Quotations offering alternate, substitute, or “equal” products will not be considered and will be deemed technically unacceptable.

Only quotations determined to be technically acceptable will be considered for award.

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:

• 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.

Evaluation Method:

Only the lowest priced offer will be evaluated for Technical Capability. 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 priced, technically acceptable offer with acceptable or neutral past performance is identified.

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

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) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)

The following clauses are applicable if checked:

☐ 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I (Nov 2021) of 52.203-6 ☐ 52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021) ☐ 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 ☒ 52.204-13 System for Award Management—Maintenance (Nov 2025) ☐ 52.204-91 Contractor identification (Nov 2025) ☐ 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) ☐ 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Sep 2025) ☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) ☐ 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov 2025)

☒ 52.219-6 Notice of Total Small Business Aside (Nov 2025) ☐ Alternate I (Mar 2020).

☐ 52.219-8 Utilization of Small Business Concerns (Nov 2025) ☐ 52.219-9 Small Business Subcontracting Plan (Nov 2025)

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

☐ Alternate IV (Nov 2025) of 52.219-9

☒ 52.219-14 Limitations on Subcontracting (Nov 2025) ☐ 52.219-16 Liquidated Damages—Subcontracting Plan(Nov 2025) ☒ 52.219-33 Nonmanufacturer Rule (Nov 2025) ☒ 52.222-3 Convict Labor (June 2003) ☒ 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2025) ☐ 52.222-35 Equal Opportunity for Veterans (Nov 2025)

☐ 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) ☐ 52.222-54 Employment Eligibility Verification (Nov 2025) ☐ 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) ☐ 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)

☐ Alternate I (May 2008) of 52.223-9 ☐ 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Nov 2025) ☐ 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Nov 2025) ☒ 52.223-23 Sustainable Products and Services ☐ 52.224-3 Privacy Training (Jan 2017)

☐ 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

☐ 52.225-5 Trade Agreements (Nov 2023) ☐ 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States (May 2020) ☐ 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct 2016) ☐ 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007)

☐ 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025) ☐ 52.229-12 Tax on Certain Foreign Procurements ☐ 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ☐ 52.232-30 Installment Payments for Commercial Products and Commercial Services (Nov 2021) ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) ☐ 52.232-34 Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) ☐ 52.232-36 Payment by Third Party (Nov 2025) ☐ 52.240-92 Security Requirements (Nov 2025) ☐ 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025) ☐ 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025)

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

☐ Alternate II (Nov 2021) of 52.247-64

Other Applicable Clauses

52.247-34 F.O.B. Destination (Jan 1991) 52.240-91 Security Prohibitions and Exclusions (NOV 2025)

AGAR Clauses

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

(Dec 2025)

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

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

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

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

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

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

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

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

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

(End of Clause)

452.204–70 Modification for Contract Closeout (Nov 2025)

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

(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation.

The contractor will receive a copy of the modification and will be required to provide a signature.

(The Contracting Officer may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 60 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

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

(End of Clause)

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:

Period for acceptance of offers.

The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

Questions Questions shall be submitted via email to eric.schnitzler@usda.gov and are due no later than Tuesday, January 20th, 2026, at 12:00 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.

Answers Answers to questions will be posted to the solicitation posting by 12:00 pm Eastern on Thursday, January 22nd, 2026.

Quotation Submission Deadline Quotations will be submitted to the contract specialist at eric.schnitzler@usda.gov by Monday, January 26th, 2026 at 12:00 pm Eastern.

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 if checked:

mailto:eric.schnitzler@usda.gov mailto:eric.schnitzler@usda.gov

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

☐ Alternate I (Nov 2025) to 52.204-7 ☐ 52.204-90 Offeror Identification (Nov 2025) ☐ 52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024) ☐ 52.209-12 Certification Regarding Tax Matters (Oct 2025) ☐ 52.219-2 Equal Low Bids (Nov 2025) ☐ 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (Feb 2021) ☐ 52.222-48 Exemption from Application of the Service Contract Labor Standards for Maintenance, Calibration, or Repair of Certain Equipment–Certification (Nov 2025) ☐ 52.222-52 Exemption from Application of the Service Contract Labor Standards for Certain Services-Certification (Nov 2025) ☐ 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020) ☐ 52.223-4 Recovered Material Certification (May 2008) ☒ 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) ☐ 52.226-3 Disaster or Emergency Area Representation (Nov 2007) ☐ 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Jul 2025)

Other Applicable Clauses

52.212-3 Offeror Representations and Certifications—Commercial Products and Services

(OCT 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:

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

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

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

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

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

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

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

(End of Provision)

NOTICE FOR FILING AGENCY PROTESTS

United States Department of Agriculture (USDA) Ombudsman Program

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

The Ombudsman Program for Agency Protests (OPAP) was established to address protest issues within the agency, providing an alternative to costly and time-consuming litigation. Operating independently, OPAP offers relief comparable to that granted by the Government Accountability Office (GAO). Interested parties are encouraged to resolve concerns through USDA’s internal Alternative Dispute Resolution (ADR) process before pursuing external forums such as the GAO.

Concerns may be addressed informally or through a formal agency protest filed with either the Contracting Officer or the Ombudsman.

Informal Forum with the Ombudsman

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

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

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

Formal Agency Protest with the Ombudsman

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

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

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

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

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

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

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

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

mailto:SPE.inquiry@usda.gov