Attachment 1 - Solicitation T-n-Cs Supplies Comparative Methodology.pdf

Attachment I Request for Quotation (RFQ) # 1232SA26Q0242

Manure Spreader/Ames IA Terms and Conditions

Statement of Requirement

The USDA-ARS-MWD NADC dairy requires a new manure spreader. See Attachment II – Statement of Work (SOW).

CLIN Description Unit of Issue

Qty Price Total

0001 Spreader, Manure Meyer’s VB 160 Brand Name or Equal. “Or Equal” quotations shall clearly identify the item by:

i. Brand name:

ii. Make/Model Number

iii. Place of Manufacturer

(See AGAR 452.211-70 under Provisions)

EA 1 $ $

FAR 52.225-2 Buy American Certificate Oct 2022) is included in this Request for Quotation.

Place of Delivery Information

Shipping Instructions:

Item(s) shall be shipped to the following address:

USDA-ARS-MWA Ruminent Diseases and Immunology ATTN: Kaitlyn Sarlo Davila 1920 Dayton Ave Ames, IA 50010

F.O.B. Destination

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 by ninety (90) days after receipt of award unless otherwise noted in your quotation. Early deliveries will be accepted.

Technical Date

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

Solicitation Attachments:

The following documents are included as attachments to this combination synopsis/solicitation via the “Attachment/Links” Section of the posting.

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.

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 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.

https://www.ipp.gov/vendors/index.htm mailto:IPPCustomerSupport@fms.treas.gov

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

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

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 and High Global Warming Potential Hydrofluorocarbons (Sep 2025) ☒ 52.223-23 Sustainable Products and Services (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) ☐ Alternate I (Aug 2025) of 52.233-1 ☒ 52.240-91 Security Prohibitions and Exclusions (Aug 2025)

☐ Alternate I (Sep 2025) of 52.240-91 ☒ 52.244-6 Subcontracts for Commercial Products and Commercial Services (Aug 2025) ☒ 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.

452.211-78 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.

Attachment # Title I Terms and Conditions II SOW/Specifications III Contractor Request for Information IV Past Performance Questionnaire (PPQ)

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

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

Aug-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:

In order to be considered for award OFFERORS SHALL SUBMIT ALL OF THE FOLLOWING:

1. Submit Firm-Fixed Price quotation (quote on company letterhead) detailing the supply description, place of manufacture and price.

2. Submit SAM.gov Unique Entity ID (UEI) with quotation. Ensure your UEI is ACTIVE.

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.

Submittals.

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

Questions Questions shall be submitted via email on Attachment III - RFI to theodore.blume@usda.gov and are due no later than 4 March 2026 at 1:00pm CST. 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.

Rejection of quotations Failure to demonstrate compliance or to submit ALL items requested in the request for quotation will be cause to reject the quote without further discussions.

Discussions The Government intends to award without discussions but reserves the right to conduct discussions should it be deemed in the Government's best interests.

mailto:theodore.blume@usda.gov%20

Quotes are due on 11 March 2026 by 1:00pm CDT to Theodore Blume at theodore.blume@usda.gov .

You must include the Request for Quotation number and title in the subject line of the email.

The following provisions are applicable if checked:

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

52.204-7 ☒ 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (Feb 2021)

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

FAR Provisions in Full Text

52.225-2 Buy American Certificate (Oct 2022)

(a)(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(4) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(b) Foreign End Products:

Line Item No. Country of origin Exceeds 55% domestic content (yes/no) mailto:theodore.blume@usda.gov

(b)[List as necessary]

(c) Domestic end products containing a critical component:

Line Item No. ___

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(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 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.

452.211-70 Brand Name or Equal (Sep 2025)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-

1. Meet the salient physical, functional, or performance characteristics specified in this solicitation;

2. Clearly identify the item by-

i. Brand name, if any; and

ii. Make or model number;

3. Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

4. Clearly describe any modifications the offeror plans to make to a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

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.

Evaluation Method

The Government intends to evaluate quotations using a comparative 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 Method

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 IV) 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.

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, and type of work 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 performance

• 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