Attachment 1 - Solicitation T-n-Cs Supplies 2-2-2026.pdf

Attachment I Request for Quotation (RFQ) #

Description and Location Terms and Conditions

Statement of Requirement

The USDA-ARS National Soil Dynamics laboratory (NSDL) is in need of a specialized microwave instrument which enables the user to measure reflection and transmission data while not touching nor destroying (NDE) the sample. Reference Attachment II – Specifications.

CLIN Description Unit of Issue

Quantity Price Total Price

0001 Small table-top free-space measurement system for transmission and reflection measurements. Equipment shall not touch nor destroy (NDE) the sample. Must meet all specifications included on Attachment II - Specifications

1 EA $ $

Place of Delivery Information

USDA-ARS-NEA Facilities Division Building 014 -10300 Baltimore Ave Beltsville, MD 20705

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.

F.O.B. Destination

If FAR clause 52.247-34, F.O.B. Destination is checked, the Government will reject as nonresponsive quotations submitted on a basis other than f.o.b. destination.

Licenses and Permits

The Contractor shall be responsible for obtaining any necessary licenses and permits, giving all notice and complying with any applicable federal, state, local, and municipal laws, codes, ordinances, and regulations in connection with the business carried on under this contract.

Invoice Procedures

To invoice, a vendor must first enroll in the Invoice Processing Platform (IPP) by visiting:

https://www.ipp.gov/vendors/index.htm. Once enrolled, all invoices must be submitted electronically https://www.ipp.gov/vendors/index.htm through IPP. The IPP is a government-wide secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS).

One-time enrollment in IPP means that you will receive a series of e-mails from Treasury services. The first email will have the IPP Logon ID and link to the IPP application. A second e-mail, containing the password will be sent within 24 hours. Once you receive these emails, please login to the IPP application and complete the registration process.

Benefits of registering with IPP include the ability for your company to create invoices directly from a contract award and submit them electronically, as well as:

• E-mail notification when invoice(s) are paid

• Online payment history

• Remittance download

E-mail notifications of payments are sent when a payment is distributed to your bank account and will include all pertinent payment information. The IPP Customer Support Desk is available to assist users Monday through Friday (excluding bank holidays) from 8:00AM - 6:00PM ET, including answering any questions related to accessing IPP or completing the registration process. Their tollfree number is (866) 973-3131 or they can be reached at: IPPCustomerSupport@fms.treas.gov .

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

Source Clause # Title Date

FAR 52.203-17 Contractor Employee Whistleblower Rights Nov-2023 FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements Jan-2017 mailto:IPPCustomerSupport@fms.treas.gov https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

FAR 52.204-13 System for Award Management – Maintenance Aug-2025 FAR 52.204-19 Incorporation by Reference of Representations and

Certifications Dec-2014

FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

Nov-2025

FAR 52.212-4 Terms and Conditions – Commercial Products and Commercial Services

Aug-2025

FAR 52.222-50 Combating Trafficking in Persons Nov-2025 FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging

While Driving May-2024

FAR 52.232-39 Unenforceability of Unauthorized Obligations Jun-2013 FAR 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors Mar-2023

FAR 52.233-3 Protest After Award Aug-2025 FAR 52.233-4 Applicable Law for Breach of Contract Claim Aug-2025 FAR 52.240-91 Security Prohibitions and Exclusions Aug-2025 FAR 52.243-1 Changes – Fixed-Price Jun-2025 FAR 52.244-6 Subcontracts for Commercial Products and Commercial

Services Aug-2025

52.252-6 – Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (AGAR) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

The following clauses are applicable if checked:

☒ 52.204-13 System for Award Management—Maintenance (Nov 2025) Alt I (Nov 2025) ☒ 52.219-6 Notice of Total Small Business Aside (Sep 2025) ☒ 52.219-28 Postaward Small Business Program Rerepresentation (Sep 2025) ☒ 52.222-3 Convict Labor (Sep 2025) ☒ 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Sep 2025) ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Sep 2025) ☒ 52.223-11 Ozone-Depleting Substances (Sep 2025) ☒ 52.223-23 Sustainable Products (Sep 2025) ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) ☒ 52.232-90 Fast Payment Procedure (Sep 2025) ☒ 52.233-1 Disputes (Aug 2025) ☒ 52.240-91 Security Prohibitions and Exclusions (Aug 2025)

☒ 52.244-6 Subcontracts for Commercial Products and Commercial Services (Aug 2025) ☒ 52.247-34 F.O.B. Destination (Jan 1991) ☒ 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984)

Other Applicable Clauses

52.232-23 Assignment of Claims (May 2014) 52.246-23 Limitation of Liability (Feb 1997)

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:

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

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

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

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

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

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

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

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

(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)

452.211-74 Delivery Instructions – Commodity Procurement (Sep 2025) he Government will issue electronic purchase orders in WBSCM and notify the contractor via email.

The contractor must ensure it can receive emails during the contract and maintain an accurate email address on file. The Government is not responsible for email receipt failures due to contractor equipment or software issues. The Government reserves the right to also issue Purchase Orders by alternative methods, including fax or regular mail.

452.211-75 Advance Shipment Notice (ASN) and Unloading Appointment (Sep 2025)

(a) The Contractor shall enter a WBSCM advanced shipment notice (ASN) on or before the shipment date. Contractors are encouraged to create the ASN as soon as a delivery appointment is scheduled, but no less than 24 hours beforehand. Accurate information must be provided in the ASN, which alerts the recipient agency of the shipment. Advanced shipment notices shall include:

Shipper’s name Commodity Sales Order or Requisition Number (SO or RN) Units per (SO or RN) Destination Purchase Order Number Ship date Mode of transportation. If truck, anticipated date of arrival.

Note: USDA has provided an excel template in a comma delimited (csv) format that allows the Contractor to upload purchase order line items that will create multiple ASNs.

(b) Creating the ASN does not exempt the Contractor or subcontractor from securing an unloading appointment, which is mandatory for all deliveries.

(c) Delivery appointments shall be scheduled as far in advance of expected delivery as possible, but not less than 72 hours prior to delivery by contacting a responsible representative at the applicable Purchase Order Item’s Ship-to-Address for an unload appointment. Reference the Purchase Order (PO) Number, PO Item Number, and when provided, the Sales Order (SO) Number and SO Item Number for which the appointment is being scheduled. The contractor is fully responsible for any issues caused by failing to schedule or being late for appointments.

(d) The Contractor may deliver early if the recipient agency agrees to accept early delivery, there is no additional cost to the Government, and upon AMS personnel being available to perform any necessary check loading and acceptance requirements, if applicable.

452.211-76 Regulatory Requirements for Commodities and Packaging – Domestic (Sep 2025)

(a) The Contractor shall enter a WBSCM advanced shipment notice (ASN) on or before the shipment date. Contractors are encouraged to create the ASN as soon as a delivery appointment is scheduled, but no less than 24 hours beforehand. Accurate information must be provided in the ASN, which alerts the recipient agency of the shipment. Advanced shipment notices shall include:

Shipper’s name Commodity Sales Order or Requisition Number (SO or RN) Units per (SO or RN) Destination Purchase Order Number

Ship date Mode of transportation. If truck, anticipated date of arrival.

Note: USDA has provided an excel template in a comma delimited (csv) format that allows the Contractor to upload purchase order line items that will create multiple ASNs.

(b) Creating the ASN does not exempt the Contractor or subcontractor from securing an unloading appointment, which is mandatory for all deliveries.

(c) Delivery appointments shall be scheduled as far in advance of expected delivery as possible, but not less than 72 hours prior to delivery by contacting a responsible representative at the applicable Purchase Order Item’s Ship-to-Address for an unload appointment. Reference the Purchase Order (PO) Number, PO Item Number, and when provided, the Sales Order (SO) Number and SO Item Number for which the appointment is being scheduled. The contractor is fully responsible for any issues caused by failing to schedule or being late for appointments.

(d) The Contractor may deliver early if the recipient agency agrees to accept early delivery, there is no additional cost to the Government, and upon AMS personnel being available to perform any necessary check loading and acceptance requirements, if applicable.

452.211-77 Commodity/Packaging Labeling Requirements (Sep 2025)

(a) USDA Foods products must comply with all applicable FDA labeling requirements:

https://www.fda.gov/media/81606/download and any additional features outlined in USDA Product Specifications & Requirements: https://www.ams.usda.gov/selling-food/product-specs.

Any deviations from the labeling requirements in this section must be approved by the Contracting Officer, in writing, prior to start of production.

Primary packaging labels or shipping containers with missing or incorrect information must be corrected before the product can be shipped.

(b) PRIMARY PACKAGING (Immediate Container):

FDA/USDA defines minimum label information on primary packaging:

i. Company name

ii. Company/Plant location or FSIS establishment number.

iii. Food item

iv. Ingredient list

v. Allergen statement, as applicable

vi. Nutrition Facts Panel (except for foodservice pack products)

vii. Traceability code (see below)

viii. Cooking/heating/handling instructions, as applicable

Commercial labels must be the processor’s own retail label (e.g., commercially available off-the-shelf).

Distributors’ labels are not allowed. If the vendor lacks a retail/consumer sales label, refer to the minimum color requirements, exclusive of the package color, in the commodity specifications. For products where the primary container hides the product, the label shall provide a visual representation of the food.

Traceable Product Codes. Labeling and packaging shall meet all FDA and USDA requirements and include a traceable product code for recalls. The identification system must distinguish products made for USDA contracts from non-USDA products if the same commercial label is used for both.

Nutrition Facts, Ingredients and Allergen statements. Consumer and individual sized containers must include a Nutrition Facts Panel, ingredients, and allergen statement. The ingredient statement must be listed separately from the name of the product, even for single-ingredient foods (e.g., Ingredients: ___).

The allergen statement must comply with the Food Allergen Labeling and Consumer Protection Act (FALCPA) and the Food Allergy Safety, Treatment, Education, and Research Act (FASTER Act) which define milk, eggs, fish, Crustacean shellfish, tree nuts, wheat, peanuts, soybeans, and sesame as well as any food ingredient that contains protein derived from one of these foods, with the exception of highly refined oils, as “major food allergens.”; e.g. Contains:_____ .

Reporting Product Information to GS1 Global Data Synchronization Network (GDSN). Contractors are required to report product information to GS1’s GDSN for a select number of items purchased for the National School Lunch Program. The items that must be reported to GS1 GDSN are in the List of Required Products for GS1 GDSN Reporting, found at https://www.ams.usda.gov/selling-food/gs1-gdsn-overview. Contractors must report product information to GS1 GDSN within 20 days of receiving a contract award, if the contract includes items on the List of Required Products for GS1 GDSN Reporting.

Note: USDA may request nutrition information, ingredient and allergen statements, and Child Nutrition Program crediting information for USDA Foods products that are not on the List of Required Products for GS1 GDSN Reporting. Contractors must provide this information through branded product information sheets, product brochures, or label images upon request.

(d) SHIPPING CONTAINERS:

Shipping containers/carton labels must include:

i. USDA Material code

ii. Purchase order number

iii. Company name

iv. Company/Plant location or FSIS establishment number

v. Food item

vi. Ingredient list

vii. Allergen statement, as applicable

viii. Nutrition Facts Panel (foodservice pack products only)

ix. Traceability code

x. UPC symbol/code (see below)

xi. USDA Shield, when applicable

Labeling and marking information must be water-fast, non-smearing, of a contrasting color, clear and readable.

Information shall be preprinted, stamped, stenciled, or applied with a self-adhesive label on each shipping container. Refer to specification documents for sample layouts.

Nutrition Facts, Ingredients and Allergen statements must be included on shipping containers when not required on the primary package. The ingredient statement must be listed separately from the name of the product, even for single-ingredient foods (e.g., Ingredients: ___). The allergen statement must comply with the Food Allergen Labeling and Consumer Protection Act (FALCPA) and the Food Allergy Safety, Treatment, Education, and Research Act (FASTER Act) which define milk, eggs, fish, Crustacean shellfish, tree nuts, wheat, peanuts, soybeans, and sesame as well as any food ingredient that contains protein derived from one of these foods, with the exception of highly refined oils, as “major food allergens.”; e.g. Contains:

UPC symbols/codes:

i. The UPC, symbol and code, called Interleaved 2 of 5 (I 2/5), must appear on each shipping container.

The complete code, including the check digit, must be printed in machine and human-readable form.

The start and stop indicators will be included in the bar codes. Printing, readability, and scanability of the bar code must be in accordance with UPC guidelines published by:

GS1 US Corporate Headquarters Princeton Pike Corporate Center 1009 Lenox Drive, Suite 202 Lawrenceville, NJ 08648

Phone: 609.620.0200 https://www.gs1us.org/what-we-do/about-gs1-us

ii. USDA will provide unique processor identification codes for commodity contracts. This applies only to non-manufacturers of fruit and vegetable products without a corresponding commercial retail product.

(f) Obliteration of Markings. The contractor shall prevent the appearance of these containers in commercial channels. Containers bearing Government contract markings, filled or unfilled, may cause the Government to incur expense in determining whether commodities have been diverted from authorized use and in answering inquiries. In cases of rejected products, overruns, or misprints, the contractor must obliterate official USDA markings that identify the container as part of a Government contract.

(g) Inventory Control Information. The processor may add inventory control information (including barcodes) on the shipping container, provided it does not cover or conflict with labeling requirements.

452.211-78 Compensation for Delays in Delivery (Sep 2025)

(a) If the Contractor cannot meet the Not-Later-Than (NLT) delivery date, they shall notify the Contracting Officer immediately. If the delay is beyond the Contractor's control, they must request an extension at least three business days before the NLT date. Failure to submit the request or denial of the extension request will result in liquidated damages per FAR clause 52.211-11. Extension requests submitted after the NLT date or delay requests due to weekends/Federal holidays will not be accepted.

The request shall include the following information:

Applicable, identifiable contract and contract line-item information;

Documentation evidencing the event and how that event is beyond the control or negligence of the Contractor;

Estimated delivery dates that the product will be delivered; and

Any additional information requested by the contracting officer.

(b) If a Contractor's product is rejected, they must deliver an acceptable replacement by the NLT delivery date to avoid liquidated damages. If the replacement arrives after the NLT delivery date, liquidated damages will be assessed.

(c) When deliveries are made by contract carrier or vendor’s own vehicle, the date shown on the signed commercial bill of lading will be considered the date of delivery.

452.211-79 Unitization Requirements (Sep 2025)

(a) Unless otherwise specified by the Government, all shipments of packaged products shall be unitized (palletized and stretch wrapped).

Pallets shall be:

i. Constructed to facilitate the safe handling and transportation of the packaged product, as a unit, without loss or damage.

ii. A Number 2, four-way, reversible flush stringer with no broken runners or slats.

iii. Suitable for use in the shipment of food products.

Plastic stretch wrap shall be:

i. Constructed of a plastic film which is to be stretched a minimum of 50 percent beyond its original length when stretched around the pallet load.

ii. Applied as tightly as possible around all tiers of the palletized shipping containers. The shipping containers shall be held firmly in place by the stretch wrap.

Pallet loads shall be:

i. Stacked in such a way as to minimize the amount that shipping containers overhang the edges of pallets.

ii. Blocked and braced or otherwise loaded into the conveyance in a manner that prevents shifting during transit.

If pallet exchange is desired, the contractor shall arrange for pallet exchange with consignees. USDA is in no way responsible for arrangement of pallet exchange.

452.211-80 Regulatory Requirements for Commodities and Packaging – International (Sep 2025)

(a) The commodity shall conform to the applicable provisions of the "Federal Food, Drug, and Cosmetic Act" (21 U.S.C. 301 et. seq.), as amended, and the relevant regulations, including applicable Food Safety Modernization Act regulations (FSMA), and sections in the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the Bioterrorism Act). The contractor shall comply with all applicable Federal, State, and local laws, executive orders, rules, and regulations related to its performance under this contract.

(b) All containers and packaging materials must comply with Coalition of Northeast Governors (CONEG) model legislation. The combined concentration of lead, cadmium, mercury, and/or hexavalent chromium must not exceed 100 parts per million. Concentration levels should be determined using American Standard of Testing Materials test methods, as revised or Environmental Protection Agency test methods for evaluating solid waste, S-W 846, as revised.

(End of clause

452.228-70 Alternative Forms of Security (Oct 2025)

If furnished as security, money orders, drafts, cashier’s checks, or certified checks shall be drawn payable to: USDA/XXX (Update with the correct payable to information prior to posting)

452.247-70 Loading, Blocking, and Bracing for Multiple Delivery Points on One Conveyance – Domestic (Oct 2025)

When a shipment has multiple delivery points (drops), contractor must load and brace the conveyance for accurate and economical unloading, e.g. load and brace truck trailers in reverse order of delivery.

452.247-71 Special Instructions for Shipments to Puerto Rico – Domestic (Oct 2025)

All deliveries to Puerto Rico must cite on the Bill of Lading and Ocean Transportation manifest the applicable Recipient Agency Tax Identification Number (TIN) and Merchant Registration Number.

Successful awardee will be responsible for contacting the contracting officer’s representative to obtain the appropriate tax identification number.

452.247-72 Bill of Lading Notations – Domestic (Oct 2025)

Contractor shall ensure before shipment is made that the commercial shipping documents are annotated with the following notations, as appropriate:

Shipper Name and Shipment Origin Address USDA Contractor Name, if different than shipper Purchase Order Number and Item Number When provided, Sales Order Number and Item Number or Purchase Requisition and Item Number Consignee: Purchase Order Item’s Goods Recipient Name c/o Purchase Order Item’s Ship-to Name and Address Number and Type of Units, Net Weight, and Material Description Statement: “For USDA FOOD DISTRIBUTION PROGRAMS Manufacturer’s Lot Code/Lot Identification Number Serial Number(s) of Tamper Evident Seals Applied

Note: When multiple Purchase Order Items are shipped in one conveyance, show the applicable information for each Purchase Order Item.

452.247-73 Seals on Transportation Conveyances (Oct 2025)

(a)Contractors, under the supervision of a USDA Agricultural Marketing Services (AMS) certification agent, when applicable, shall be responsible for placing a seal(s) on all cargo doors of each transportation conveyance upon completion of loading, partial unloading, inspection, or servicing.

(b) Seals must meet the American Society for Testing and Materials (ASTM) Standard, (F-1157-04, and/or the International Organization for Standards (ISO) 17712-2013. Contractors shall use traceable, tamper-evident commercial seals (ex. flat metal, wire, plastic, etc.) or high security seals (high security bolt, barrier-type, or equivalent device which can only be removed by bolt cutter type tools). Seals shall be sequentially numbered. The contractor or its agent shall provide a sufficient number of traceable tamper-evident seals to ensure security of the load while in route through final destination.

(c) The seal numbers shall be documented on the Bill of Lading, and shipment manifest, certificate, or other delivery documents, as applicable, which must be signed or acknowledged by the carrier or its agent.

(d) It will be the responsibility of the Contractor to provide sufficient number of seals to the carrier service and to ensure that the trailer is sealed after each delivery location (when destined for multiple recipients). The seal number must be recorded on the appropriate delivery document and correspond with the applied seal at the time of arrival at the next destination.

(e) When making deliveries to more than one destination from the same railcar, the quantities required at each stop off must be placed in separate compartments under seal.

(f) Deliveries will be rejected, in which seals have not been used to secure all cargo doors, if:

The seal listed on the Bill of Lading does not match the seal number recorded on the Bill of Lading;

The seal is broken;

The seal is missing, or

The seal has been removed prior to the transportation conveyance reaching its unloading point.

(g) A rejected conveyance will only be accepted after a Condition of Container Inspection has been performed by AMS. AMS must subsequently issue a Condition of Container examination worksheet that documents that the food containers meet the applicable U.S. Standards for Condition of Food Containers. If this inspection is performed at a location other than the contracted delivery point it is the vendor’s responsibility to ensure that all cargo doors are sealed, and the seal numbers documented on the vendor's shipping documents.

(h) For frozen products, if the receiver rejects the load, the Contractor shall return the load to its plant or with Contracting Officer approval, arrange for another complete inspection which will include:

Inspecting and certifying the product for quality assurance; and

COC, check loading, sealing, and issuing a Certificate of Loading. The new seal number must be recorded, and a new certificate for condition of container must be issued and presented to the receiver.

The Contractor is responsible for all costs (freight, re-inspection fees, etc.) associated with the rejected loads.

(i) Conditions of Container Inspections

Conditions of Container Inspections arrangements are available by accessing the AMS website at:

https://www.ams.usda.gov/services/sci-contacts. Please select AMS Federal Inspection Offices at:

https://www.ams.usda.gov/services/sci-contacts/field-inspection-offices

The Contractor is responsible for payment of all fees incurred as a result of a Condition of Container Inspection.

452.247-74 Additional Shipping Requirements – Domestic (Oct 2025)

Items purchased as a result of this solicitation shall not be transported near non-human consumption products, malodorous products, or other types of harmful items that could contaminate commodities.

Attachment # Title Attachment I Terms and Conditions Attachment II Specifications Attachment III Past Performance Questionnaire

SOLICITATION PROVISIONS

FAR 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

• https://intranet.usda.gov/user-guides/usda-acquisition-regulation-agar

Source Provision # Title Date FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements – Representation

Jan-2017

FAR 52.204-7 System for Award Management – Registration Aug-2025 FAR 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations - Representations

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability of a Felony Conviction under any Federal Law

Nov-2025

FAR 52.212-1 Instruction to Offerors – Commercial Products and Commercial Services

Aut-2025

FAR 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products

Feb-2021

FAR 52.233-2 Service of Protest Aug-2025 FAR 52.240-90 Security Prohibitions and Exclusions Representations and

Certifications Aug-2025

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Aug 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 60 calendar days from the date specified for receipt of offers.

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://intranet.usda.gov/user-guides/usda-acquisition-regulation-agar

Submittals.

Ensure to include product brochures, specification sheet(s), any product information which reflects your quoted product(s) meet the requirements of the Government’s specifications (see Attachment II).

Questions

Questions shall be submitted via email to theodore.blume@usda.gov and are due no later than 11 February, 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.

Other Applicable FAR Provisions

52.216-1 Type of Contract (Nov 2025)

The Government Contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

End of Provision

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:

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

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

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

(c) The offeror affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the offeror will not be eligible for funding mailto:theodore.blume@usda.gov%20 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)

452.209-70 Past Performance with Regard to Offeror’s Present Responsibility – Commodities (Oct 2025)

(a)Bidders are cautioned NOT to bid or provide offers for quantities in excess of what they can reasonably expect to timely deliver in accordance with the contract.

The offeror must certify to timely performance on current contracts and subcontracts in the attribute questions of the IFB/solicitation. The offeror shall notify the Contracting Officer of late deliveries prior to submission of bids. The Contracting Officer will determine if late performance is beyond the control or negligence of the offeror prior to the bid/solicitation closing date. A false certification may result in rejection of the offer, suspension and debarment by USDA, termination of the contract, liability for damages under the provisions of this Master Solicitation, other administrative actions, or criminal prosecution.

The Contracting Officer may deem the offeror non-responsible and ineligible to participate in an IFB/solicitation if the offeror or any of their affiliates or subcontractors is delivering late and the late deliveries are not due to causes beyond the offeror’s control or negligence.

Offerors with deficient past performance may be put on a probationary period, limiting the quantity awarded on a solicitation.

Past performance will be considered during the Contracting Officer’s responsibility determination using the Contractor’s performance for the last three (3) years prior to bid opening of the IFB/solicitation close.

(End of provision)

Evaluation Method:

The Government intends to evaluate quotations using a comparative evaluation methodology. This means quotations will be compared against one another to determine which provides the best value to the Government, based on the evaluation factors outlined in this solicitation. The Government may consider quotations that exceed minimum requirements and offer additional value or benefits, even if they are not the lowest priced. However, formal trade-off procedures will not be conducted.

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.

Basis for Award

The Government intends to select one contractor for this acquisition. However, the Government reserves the right not to award a contract at all, depending on the quality of the quotations and prices submitted and the availability of funds.

Rejection of Unreasonable Quotations: The Government may reject any quotation that is evaluated to be unreasonable in terms of program commitments, including contract terms and conditions, or unreasonably high or low in cost when compared to Government estimates, such that the quotation is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program.

Evaluation Criteria

Relevant Experience - The Government will consider the extent to which the vendor demonstrates experience the requested equipment in scope, size, and complexity to the requirements of this solicitation. Greater consideration will be given to vendors whose experience reflects a strong alignment with the Government’s needs.

Past Performance - Offerors shall provide completed Past Performance Questionnaires (PPQ) (see Attachment III) for three (3) relevant contracts (references) completed within the preceding five (5) year period. The attached PPQ shall be completed and submitted directly from your reference to the contracting office via email to theodore.blume@usda.gov. PPQs are requested to be submitted by the closing date of the RFQ. PPQs provided directly by the offeror will not be considered.

If no relevant contracts are available, the three (3) most recent contracts completed in the last five (5) years shall be used. Contracts listed may include those with the Federal Government, State and Local Governments or their agencies, and Commercial Customers. If an offeror has no relevant past performance history, the offeror must affirmatively state that it possesses no relevant past performance history.

The Government will evaluate the offeror’s past performance to assess the degree of confidence that the offeror will successfully perform the required effort. The evaluation will consider recency, relevancy, and quality of past performance.

mailto:theodore.blume@usda.gov

Recency: Past performance information must be from efforts performed within the last five (5) years from the date of solicitation issuance. More recent performance may be given greater weight.

Relevancy: The Government will assess how closely the offeror’s past performance aligns with the scope, size, complexity, of the equipment described in this solicitation. The Government will make an independent determination of relevancy of the data provided or obtained. Relevancy will be rated as:

• Very Relevant – Essentially the same scope and complexity.

• Relevant – Similar in scope and complexity.

• Somewhat Relevant – Some similarities in scope or complexity.

• Not Relevant – Little or no similarity.

Quality of Performance: The Government will evaluate the quality of the offeror’s performance on prior contracts, including:

• Timeliness of deliverables

• Technical quality

• Cost control (if applicable)

• Business relations

• Customer satisfaction

Sources may include CPARS, past performance questionnaires, and other verifiable references. The Government reserves the right to limit or expand the number of references it decides to contact and to contact references other than those provided by the offeror.

Confidence Assessment: Based on the recency, relevancy, and quality of past performance, the Government will assign one of the following confidence ratings:

• High Confidence – Government has a high expectation of successful performance.

• Some Confidence – Government has a reasonable expectation of success.

• Low Confidence – Government has concerns about successful performance.

• Neutral Confidence – No relevant past performance available; no positive or negative inference will be made.

Note: Offerors without relevant past performance will not be rated favorably or unfavorably but will receive a Neutral Confidence rating.

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 paragraph titled, “Statement of Requirements” of these Terms and Conditions. Any quantity price discounts and discounts for prompt payment should be included in this section. Total price evaluation will be for quoted price provided. The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.

Statement of Requirement