Attachment 1. Solicitation Terms and Conditions. 127EAW26Q0004.pdf

ARA, Buckhorn Road Repairs Solicitation 127EAW26Q0004

Table of Contents

Acquisition Description Statement of Requirement Schedule Of Items Technical Data Project Location Solicitation Information Quate Evaluation and Basis for Award Evaluation Method Quote Submission Requirements

Acquisition Description 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 127EAW26Q0004 is issued as a Request for Quotation (RFQ) for ARA, Buckhorn Road Repairs at Los Padres National Forest, California.

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 237310 - Highway, Street, and Bridge Construction The small business size standard is $45M. This acquisition is a Total Small Business Set-Aside. All responsible sources may submit a quotation which will be considered by the agency.

This document titled "Attachment 1 - Solicitation Terms and Conditions" encompasses details pertaining to applicable clauses, instructions, and evaluation criteria.

Statement of Requirement The contract aims to repair two ERFO sites along Buckhorn Road within the Los Padres National Forest. At the first site (MP 1.4), the work involves placing Class 3 grouted rip rap chute, removing material deposition along the roadway, and installing reflective delineators. The second site (MP 3.9) requires excavation of the edge failure area, construction of a concrete block wall (151 feet long and

7.5 feet tall), placement of Class 6 rip rap at the wall ends, embankment construction, fence replacement, and installation of erosion control measures.

See Attachment 2. Statement of Work for additional information

Disclosure of Project Magnitude This information is provided for general guidance only and does not represent the Government’s estimate. Between $250,000 and $500,000.

Schedule Of Items

The Contractor is required to complete the Schedule of Items, as detailed in Attachment 3, and submit it as part of their quotation package.

Definitization of Equitable Adjustments for Change Orders - Pursuant to FAR 36.101-4(b), information regarding USDA’s definitization of equitable adjustments for change orders under construction contracts may be found at FAR 36.211 | USDA. USDA’s procedures that apply to the definitization of equitable adjustments for change orders under construction contracts may be found in AGAR 443.304 -70.

http://www.acquisition.gov/ https://www.usda.gov/da/ocp/ppd/policies-regulations/far

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

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

• Attachment 2. Statement of Work

• Attachment 3. Schedule Of Items

• Attachment 4. FP-14

• Attachment 5. Plans

• Attachment 6. Supplemental Construction Specifications

• Attachment 7. Fire Plan

• Attachment 8. Contract Administration Data

• Attachment 9. Wage Determination - CA20260014 - 1.16.2026

Project Location See solicitation attachment “2. Statement of Work”

Federal Acquisition Regulation (FAR) and United States Department of Aquiculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions.

Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

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

This is a commercial construction acquisition. FAR 52.212-4 is amended as follows:

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

(b) Inspection/Acceptance. Inspection and Acceptance will be conducted in accordance with FAR 52.246-12, Inspection of Construction (Aug 1996).

(d) Changes. Changes will be handled in accordance with the following FAR clause(s):

☒ FAR 52.243-4, Changes (Nov 2025) ☐ FAR 52.243-5, Changes and Changed Conditions (Nov 2025)

(o) FAR 52.246-21, Warranty of Construction is applicable to this contract.

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.222-50 Combating Trafficking in Persons (Nov 2025) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest After Award (Sep 2025) 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025) 52.240-91 Security Prohibitions and Exclusions (Nov 2025) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)

The following clauses are applicable if checked:

☒ 52.204-13 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) ☒ 52.219-8 Utilization of Small Business Concerns (Nov 2025) ☒ 52.219-14 Limitations on Subcontracting (Nov 2025) ☒ 52.222-3 Convict Labor (June 2003) ☒ 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2025) ☒ 52.222-35 Equal Opportunity for Veterans (Nov 2025) ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025) ☒ 52.222-37 Employment Reports on Veterans (Nov 2025) ☒ 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) ☒ 52.222-54 Employment Eligibility Verification (Nov 2025) ☒ 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) ☒ 52.223-23 Sustainable Products and Services ☒ 52.225-1 Buy American-Supplies (Nov 2025) ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018)

The Contractor shall comply with the following FAR Clauses for Commercial Construction.

52.222-6 Construction Wage Rate Requirements

52.222-7 Withholding of Funds 52.222-8 Payrolls and Basic Records 52.222-9 Apprentices and Trainees 52.222-10 Compliance with Copeland Act Requirements 52.222-11 Subcontracts (Labor Standards) 52.222-12 Contract Termination-Debarment 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.

52.222-14 Disputes Concerning Labor Standards 52.222-15 Certificate of Eligibility 52.236-5 Material and Workmanship

The following clauses are applicable when checked:

☒ 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Pricing Method (Aug 2018) ☒ 52.222-55 Minimum Wages for Construction Workers under Executive Order 14026 (Nov 2025) ☒ 52.223-2 Reporting of Biobased Products under Service and Construction Contracts (Nov 2025) ☒ 52.225-9 Buy American-Construction Materials (Nov 2025)

(b)(2) Foreign construction material excepted from the requirements of the Buy American statute: None

☒ 52.228-2 Additional Bond Security (Oct 1997) ☒ 52.228-5 Insurance-Work on Government Installation (Jan 1997) ☒ 52.228-11 Individual Surety-Pledge of Assets (Feb 2021) ☒ 52.228-14 Irrevocable Letter of Credit (Nov 2014) ☒ 52.228-15 Performance and Payment Bonds-Construction (Jun 2020) ☒ 52.228-17 Individual Surety-Pledge of Assets (Bid Guarantee) (Feb 2021) ☒ 52.236-2 Differing Site Conditions (Jul 2025) ☒ 52.236-3 Site Investigation and Conditions Affecting the Work (Jul 2025) ☒ 52.236-6 Superintendent by the Contractor (Jul 2025) ☒ 52.236-7 Permits and Responsibilities (Jul 2025) ☒ 52.236-8 Other Contracts (Jul 2025) ☒ 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Jul 2025) ☒ 52.336-10 Operations and Storage Areas (Jul 2025) ☒ 52.236-11 Use and Possession Prior to Completion (Jul 2025) ☒ 52.236-12 Cleaning Up (Jul 2025) ☒ 52.236-13 Accident Prevention (Jul 2025) ☒ Alternate I (Nov 1991) of 52.236-13 ☒ 52.236-14 Availability and Use of Utility Services (Jul 2025) ☒ 52.236-15 Schedules for Construction Contracts (Jul 2025) ☒ 52.236-16 Quantity Surveys (Jul 2025) ☒ 52.236-17 Layout of Work (Jul 2025)

☒ 52.236-21 Specifications and Drawings for Construction (Jul 2025) ☒ Alternate II (Apr 1984) of 52.236-21 ☒ 52.242-14 Suspension of Work (Apr 1984) ☒ 52.248-3 Value Engineering (Oct 2025)

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

Other Applicable Clauses

52.203-3 Gratuities (APR 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020) Alternate I.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights & Requirements to Inform Employees of

Whistleblower Rights (NOV 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.227-4 Patent Indemnity -- Construction Contracts (DEC 2007) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-23 Assignment of Claims (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts (JAN 2017) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (SEP 2025) 52.236-5 Material and Workmanship (JULY 2025) 52.236-10 Operations and Storage Areas (APR 1984) 52.242-13 Bankruptcy (JUL 1995) 52.253-1 Computer Generated Forms (JAN 1991)

AGAR Clauses 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)

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)

452.232-71 Progress Payments for Commercial Construction Contracts (Dec 2025)

(a) Contractor entitlement to progress payments. The Contractor may request progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished that meets the standards of quality established under the contract, as approved by the Contracting Officer.

(b) Computation of amounts. Progress payments will be authorized when the payment requested is properly due in accordance with this contract; the work will be performed in accordance with the contract; and there has been no impairment or diminution of the Government’s security under this contract. The Contracting Officer may authorize consideration of:

(3) Materials delivered on site and preparatory work;

(4) Materials delivered to the Contractor at locations other than the site, if:

i. Specifically authorized by the contract; and

ii. The Contractor provides satisfactory evidence of title and intended use in the contract.

(c) Contractor request for progress payments. The Contractor’s request for progress payments shall include the following:

(1) An itemization of the amounts requested, related to the various elements of work required by the contract;

(2) A listing of the amount included for work performed by each subcontractor;

(3) A listing of the total amount of each subcontract;

(4) A listing of the amounts previously paid to each subcontractor; and

(5) Additional supporting data in a form and detail required by the Contracting Officer.

(d) Contractor Certification. Each request for progress payment shall be accompanied by the following certification:

I hereby certify, to the best of my knowledge and belief, that— The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;

(1) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;

(2) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and

(3) This certification is not to be construed as final acceptance of a subcontractor’s performance.

________________________________________________(name) ________________________________________________(title) ________________________________________________(date)

(e) Access for verification of payment entitlement. To verify the Contractor’s entitlement to progress payments under this contract, the Contractor shall provide the Government, upon request and during normal business hours, access to the following:

(1) Records and Documentation:

(i) Certified progress payment requests and supporting documentation;

(ii) Subcontractor and supplier invoices, payment records, and lien waivers;

(iii)Updated schedule of values and progress schedules;

(iv) Quality assurance and inspection reports;

(v) Payroll records, if applicable under labor provisions.

(2) Facilities and Worksite Access:

(i) Physical access to the construction site for inspection of work progress;

(ii) Access to off-site storage locations for materials billed but not yet incorporated into the work; or (iii)Access to any fabrication facilities where contract-related work is being performed.

(3) Access to electronic invoicing or project management systems used to track progress and payments, if such systems are used in contract performance.

(f) Dates for payment. A progress payment under this clause is a contract progress payment under the Prompt Payment clause of this contract, and except as provided in paragraph (g) of this clause, approved requests shall be paid within 30 days of submittal of a proper request for payment.

(g) Liquidation of progress payments. Progress payments shall be liquidated by deducting from the payment of each item the total unliquidated amount of progress payments made for that separately priced unit of that line item. The liquidation amounts for each line item shall be clearly delineated in each request for progress payment submitted by the Contractor.

(h) Security for progress payments. In the event the Contractor fails to provide adequate security as required in this contract, no progress payment shall be made under this contract. Upon receipt of adequate security, progress payments shall be made, including all previous payments to which the Contractor is entitled, in accordance with the terms of the contract. If at any time the Contracting Officer determines that the security provided by the Contractor is insufficient, the Contractor shall promptly provide such additional security as the Contracting Officer determines necessary. In the event the Contractor fails to provide such additional security, the Contracting Officer may collect or liquidate such security that has been provided, and suspend further payments to the Contractor; the Contractor shall repay to the Government the amount of unliquidated progress payments as the Contracting Officer at his sole discretion deems repayable.

(i) Special terms regarding termination for cause. If this contract is terminated for cause, the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments. The Government shall be liable for no payment except as provided by the Termination for Cause paragraph of the clause at Federal Acquisition Regulation 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services.

(j) Reservation of rights.

(1) No payment, vesting of title under this clause, or other action taken by the Government under this clause shall-

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government’s rights and remedies under this clause-

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(k) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall-

(1) Notify the Contracting Officer of such performance deficiency; and

(2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until-

(i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or

(ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount.

(l) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage.

(m) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as-

(1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

(2) Waiving the right of the Government to require the fulfillment of all the terms of the contract.

(3) The Government’s rights and remedies under this clause-

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(n) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (l) of this clause shall not apply to that portion of progress payments attributable to bond premiums.

(o) Final payment. The Government shall pay the amount due the Contractor under this contract after-

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor’s claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of1940 ( 31 U.S.C.3727 and 41 U.S.C. 6305).

(p) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes.

(End of clause) http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3727&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6305&num=0&edition=prelim

Solicitation Information

Award Type It is anticipated that a Firm Fixed Price 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.

Period of Performance The Contractor shall be required to commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed and the entire work ready for use not later than 120 calendar days after NTP. The time stated for completion shall include final cleanup of the premises.

Organized Site Visit An organized site visit will not be conducted. It is the responsibility of the contractor to independently visit and inspect the site to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance. Please be advised that failure to inspect the site will not constitute grounds for any claims after the contract award.

Requests For Information (RFI’s) Questions shall be submitted via email to Tanya.Torres@usda.gov and are due no later than February 17, 2026, at 11:00 AM Pacific 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. No questions will be accepted after this date and time.

Quote Due Date All quotes shall be emailed to the Contracting Officer (Tanya.Torres@usda.gov) no later than February 27, 2026, at 11:00 AM Pacific Time.

Quate 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.

1. Technical Approach:

The technical approach will evaluate the ability of the offeror to provide a sound, compliant approach offeror's ability to provide a sound and compliant approach that meets all requirements and shows a thorough understanding of them. It is the contractor's responsibility to ensure their quotation clearly demonstrates their capability to meet these requirements. All offerors must provide the following minimum information and documentation with their quotations to be considered responsive and have their offers evaluated:

I. Work Plan / Capability of the Offeror (NTE 5 pages): The technical approach should be in as much detail as the offeror considers necessary to fully explain the proposed technical approach or method. The offeror shall compose a narrative detailing a response to the below questions / statements.

a. Capability and Subcontracting Plan: Provide a detailed explanation of your capability to execute the work outlined in the Statement of Work. This should include a comprehensive description of the specific tasks you intend to subcontract. Clearly articulate your technical approach for completing the project tasks to meet the Government's performance requirements. If subcontractors are part of your proposed team, describe their roles in the project and specify the percentage of work they will perform.

Note that a major subcontractor is defined as one performing over 25% of the total work.

b. Additional Relevant Information: The offeror shall include any other pertinent information that demonstrates a thorough understanding of the solicitation requirements and your technical capability to fulfill them. This may encompass methodologies, innovative solutions, or any unique competencies that enhance your ability to meet the Government's needs effectively.

c. Site-Specific Safety Plan: Develop and implement a comprehensive safety plan tailored to the specific site conditions. This plan should detail the safety protocols and procedures that will be adhered to in order to safeguard workers and the environment, ensuring compliance with applicable safety regulations and standards.

d. Quality Control Plan: Establish a robust quality control framework that outlines the measures and processes to be employed to ensure adherence to the contract specifications and standards. This plan should include methodologies for monitoring, inspecting, and verifying the quality of work to maintain compliance and achieve the desired project outcomes.

II. Key Personnel (NTE 3 pages): The offeror must submit a detailed summary of relevant experience and a letter of intent for project assignment. Include a list of personnel with job titles, years of experience, crew composition, and backgrounds. Provide the names and qualifications of the prime contractor’s project manager and on-site superintendent, including tenure with the contractor and total experience. Both roles must demonstrate, through professional resumes, oversight experience on similar projects of equal or greater magnitude.

III. Performance Schedule (NTE 2 pages): The Contractor is required to submit a comprehensive performance schedule that outlines the planned sequencing of all work activities. This schedule must be presented in the form of a time-scaled Network Diagram, Critical Path Method (CPM) Schedule, or Gantt chart. It should clearly delineate the critical path and indicate the commencement and completion dates for the entire project within the stipulated contract period of performance.

The schedule must be detailed enough to show each segment of work, including its planned start and finish dates, and should be expressed in calendar days. It is imperative that the schedule is realistic, taking into account potential challenges and contingencies. The performance period must encompass all aspects of the work, including the advance ordering of long lead items, to ensure timely completion within the contract's requirements.

PAGE LIMITATIONS: Pages that exceed limitation will not be evaluated. A page is defined as one side of a sheet of paper. Do not use less than 10pt font. Pages will be evaluated in order received, any pages beyond the stated maximum will not be evaluated.

2. Past Performance:

Furnish a list of three (3) projects of similar magnitude completed by the firm within the last three (3) years. The list should include work similar in nature and complexity to that required by this solicitation. Include contracts with the Federal Government, agencies of state, local governments, and commercial customers. For each project cited, provide the following:

• Name and location of the project;

• Project Point of Contact’s name, phone, email address, and fax numbers; Total cost of the project;

• A brief narrative of the project (include size, i.e. acres, square feet; date of start, and completion or anticipated completion date).

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.

3. Price:

The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable. The offeror shall provide pricing as requested by completing the Schedule Of Items in Attachment 3.

Evaluation Method All quotations will be evaluated to identify the offeror presenting the most technically advantageous solution based on the stated evaluation criteria. Once the highest technically rated offeror is identified, their price will be evaluated to determine whether it is fair and reasonable. Past performance will also be assessed to ensure it is acceptable or neutral.

Award will be made to the offeror whose proposal is determined to be the highest technically rated, provided that:

1. The proposed price is fair and reasonable, and

2. Technical proposal is most advantageous to the Government

3. Past performance is assessed as acceptable or neutral.

Award will not necessarily be made to the lowest-priced offeror. Tradeoffs will not be conducted.

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 75 calendar days from the date specified for receipt of offers.

Offeror must have an active entity registration at https://www.sam.gov/ in order to submit a quote.

Quote Submission Requirements

All quote submissions shall include:

1. Signed Quote and Acknowledgment of solicitation amendments.

The amendment (if applicable) can be achieved by submitting the signed Standard Form 30 (SF-30) amendments obtained from SAM.gov along with your quotation.

2.Attachment 3. Schedule of Items.

This solicitation requires submission of a quote on ALL items. Include unit pricing and totals for all bid items. Failure to do so may result in the quote being rejected without further consideration. All pricing shall be rounded to the nearest cent and not more than two decimal places. Unit prices will govern any total errors unless otherwise determined by the Contracting Officer. Complete fill ins Company Name, POC, E-mail, SAM UEI #, TAX ID #, POC Name, POC E-mail.

3.Technical Approach.

Please refer to the following technical approach and past performance requirements on pages 13 through 15.

4.Bid Guarantees – See FAR 52.228-1: Scanned copy of fully executed Bid Guarantee (Standard Form 24 and Power of Attorney). In addition, ONLY WHEN REQUESTED the original Bid Guarantee shall be hardcopy mailed to: (address provided at a later date).

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 https://www.sam.gov/

The four (4) documents detailed within “Required Quote Submission Documents” shall be submitted as separate Adobe PDF documents. It is the quoter’s responsibility to ensure delivery of all required documents by the date and time set for receipt of offers.

Contact the Contracting Officer by e-mail if you do not understand any part of these instructions.

FAR Provisions

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) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024) 52.204-7 System for Award Management—Registration (Nov 2025) 52.217-5 Evaluation of Options (Nov 2025) 52.225-10 Notice of Buy American Requirement - Construction Materials (May 2014) 52.233-2 Service of Protest (Sep 2025) 52.222-5 Construction Wage Requirements, Secondary Site of the Work (Nov 2025) 52.228-1 Bid Guarantee (Sep 1996)

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.

THRESHOLDS REQUIRED BONDING REQUIRED BONDING

Individual Project amounts less than $35,000.00

No bid guarantee is required.

No bonding is required.

Individual Project amounts between $35,000.00 and $150,000.00 Refer to FAR 52.228-13

No bid guarantee is required.

Alternate Payment Protection is required:

100% Payment Bond on SF25A or 100% Deposit [authorized check/MO]

Individual Project amounts greater than $150,000.00 Refer to FAR 52.228-1 Refer to FAR 52.228-15

20% bid guarantee is required on SF24.

100% Payment Bond is required on SF25A.

-AND

100% Performance Bond on SF25 is required.

(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