Attachment 1 Solicitation Terms and Conditions.docx

Attachment 1 - Solicitation Terms and Conditions Solicitation Number:

Region One Regional Office HVAC Maintenance Services Solicitation Number 1284LM26Q0012

A. Statement/Description of Requirement

This requirement is to provide HVAC maintenance services at the USDA Forest Service Region One (R1) Regional Office located at 24 and 26 Fort Missoula Road, Missoula, MT, for a base plus four-year option period. The following documents are included as attachments to this solicitation.

· Attachment 2: Performance Work Statement

· Attachment 3: Appendix A Inspection Checklist

· Attachment 4: Wage Determination

· Attachment 5: Experience Questionnaire

Schedule of Items

BASE YEAR

OPTION YEAR 1

OPTION YEAR 2

OPTION YEAR 3

OPTION YEAR 4

Service Contract Labor Standards

Service Contract Labor Standards will apply to any contract awarded through this solicitation. The Contracting Officer has determined that Missoula County, MT, is the place of performance and has included the applicable Wage Determination as an attachment to this solicitation.

Proposed Period of Performance*

Base Year (Item 0001): April 1, 2026 – March 31, 2027 Option Year One (Item 1001): April 1, 2027 – March 31, 2028 Option Year Two (Item 2001): April 1, 2028 – March 31, 2029 Option Year Three (Item 3001): April 1, 2029 – March 31, 2030 Option Year Four (Item 4001): April 1, 2030 – March 31, 2031

*Actual performance dates will be determined upon award.

Award Type

It is anticipated that a firm-fixed-price contract consisting of one (1) one-year base period and four (4) one-year option periods shall be awarded as a result of this synopsis/solicitation. The total duration of this contract shall not exceed five (5) years, 6 months.

The Government intends to make one award from this solicitation. Therefore, to be considered responsive, contractors must submit pricing for all items.

B. Evaluation and Basis for Award

The provision at Federal Acquisition Regulation (FAR) 52.212-2 Evaluation of Commercial Items 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 quoter representing the best value to the Government.

i. Price: The quoter’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.

ii. Technical Acceptability: Technical Acceptability will be evaluated to receive an overall rating of “acceptable” or “unacceptable.” This will be based on the quoter’s ability to provide a sound and compliant approach that meets all requirements and shows a thorough understanding. It is the contractor's responsibility to ensure their quotation clearly demonstrates their capability to meet these requirements. All quoters must provide the following minimum information and documentation with their quotations to be considered responsive and have their quotes evaluated:

a. See instructions outlined in 52.212-1 Instructions to Offerors on pp. 4-5 of this document.

iii. Past Performance: The Government may utilize any references provided by the Contractor, along with information available from past contracts/orders with the USDA and any information found using sources such as Federal Government sources or the Contractor Performance Assessment Reporting System (CPARS) to determine if the Contractor has acceptable or neutral Past Performance. Past Performance will be evaluated using the following rating system:

a. 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.

b. Neutral: Quoter does not have a past performance record.

c. Unacceptable: The contractor has a documented history of failing to meet contract requirements, including poor quality, missed deadlines, cost overruns, lack of responsiveness, or unethical behavior.

Evaluation Method

Only the lowest priced quote will be evaluated for Technical Acceptability. Should the lowest priced quote not receive an acceptable technical or past performance rating, the process will continue in order of lowest priced quote until the lowest price, technically acceptable quote with acceptable or neutral past performance is identified.

For purposes of evaluation, the potential need to exercise the option under FAR 52.217-8 to extend a period of performance for a maximum period of six (6) months beyond any period of performance will be considered the same for all quoters. The Government will consider that if the extension of service clause (FAR 52.217-8) is exercised, it will be on the exact same rates and terms, other than length of performance, as the period of performance being extended. For purposes of evaluation only, the Government will use the rates specified in the last option period and add the cost of six months to the prices proposed for the base period and all option periods to determine total evaluated price of the contract. The Government will determine whether the price, including the options available under FAR 52.217-8, is fair and reasonable.

C. Federal Acquisition Regulation (FAR) and United States Department of Agriculture Acquisition Regulation (AGAR) Clauses and Provisions

The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions. Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from quotes 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.

52.252-1 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)

For simplified acquisitions, the word quote or quoter is substituted in provision FAR 52.212-1 for the word offer or offeror.

a) Submission of quotes. Submit signed and dated quotes to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, quotes shall include-

(1) The solicitation number;

(2) The name, address, telephone number of the Quoter;

(3) The Quoter’s Unique Entity Identifier (UEI);

(4) Information necessary to evaluate the factors described in the solicitation;

(5) Responses to provisions that require Quoter completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM));

(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

Addenda to FAR 52.212-1(a):

(7) Quoters must have an active entity registration in the System for Award Management to submit a quote. https://sam.gov/entity-registration

(8) Quotes submitted in response to this solicitation shall include a technical proposal, a price proposal and, if applicable, contractor representations and certifications.

a) Technical Proposal – At a minimum, technical proposal shall include:

i) Past Performance – provide a list of similar projects completed by your firm over the past three years (Attachment 5 Experience Questionnaire, Question #6). Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. If there is no past performance information available, the quoter will receive a neutral rating for this factor.

ii) Experience – complete Attachment 5 Experience Questionnaire and return with your quote.

b) Price Proposal – Include the following: 1) the completed Schedule of Items from Section A of this document, and 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).

(9) Submit quote by email to joanne.meiers@usda.gov so that it is delivered by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and, if applicable, Representations and Certifications) in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the quoter’s responsibility to confirm receipt of the quote.

(b) Period for acceptance of quotes. The Quoter agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes.

(c) Late submissions, modifications, revisions, and withdrawals of quotes.

(1) Quoters are responsible for submitting quotes and any modifications or revisions to the Government email designated in the solicitation by the time specified in the solicitation.

(2) Any quote, modification, or revision received after the time specified for receipt of quotes is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition. However, a late modification of an otherwise successful quote that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotes cannot be received at the Government email designated for receipt of quotes by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotes will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Quoters may withdraw their quotes by written notice to the Government received at any time before award.

(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate quotes and award a contract without discussions. Therefore, the Quoter’s initial quote should contain the Quoter’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all quotes if such action is in the public interest, accept other than the lowest quote, and waive informalities and minor irregularities in quotes received.

(e) Debriefings. If a post award debriefing is given to requesting Quoter, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Quoter’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Quoter and the debriefed Quoter and past performance information on the debriefed Quoter.

(3) The overall ranking of all Quoters when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Quoter.

(6) Reasonable responses to relevant questions posed by the debriefed Quoter as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

Questions

Questions shall be submitted via email to joanne.meiers@usda.gov and are due no later than February 20, 2026, at 5:00 PM Mountain Time. This will ensure enough time to respond before the solicitation period ends. Please include the solicitation name and number as the subject line of the email.

52.252-1 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

The following provisions are applicable if checked:

☐ Alternate I (Nov 2025) to 52.204-7

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.

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

☐ Alternate I (Nov 2025) of 52.222-50

☐ Alternate I (Nov 2025) of 52.240-91

The following clauses are applicable if checked:

☐ 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) ☐ Alternate I (Nov 2021) of 52.203-6

☐ Alternate I (Mar 2020).

☐ Alternate I (Nov 2025) of 52.219-9.

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

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

☐ Alternate IV (Nov 2025) of 52.219-9

☐ Alternate I (Jul 2014) of 52.222-35 ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025) ☐ Alternate I (Jul 2014) of 52.222-36

☐ Alternate I (May 2008) of 52.223-9

☐ Alternate I (Jan 2017) of 52.224-3 ☐ 52.225-1 Buy American-Supplies (Nov 2025) ☐ Alternate I (Oct 2022) of 52.225-1 ☐ 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025) ☐ Alternate II (Nov 2025) of 52.225-3.

☐ Alternate III (Nov 2025) of 52.225-3.

☐ Alternate IV (Oct 2022) of 52.225-3

☐ Alternate II (Nov 2025) of 52.240-92 ☐ 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025) ☐ Alternate I (Apr 2023) of 52.247-64.

☐ Alternate II (Nov 2021) of 52.247-64

This Statement is for Information Only:

It is not a Wage Determination

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.

452.204–70 Modification for Contract Closeout (Nov 2025)

(a) If unliquidated funds in the amount of $1,000 or less remain on the contract, the Contracting Officer (Contracting Officer) shall issue unilateral modification for de-obligation. 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 $1,000 remain on the contract, the Contracting Officer shall issue a bilateral modification for de-obligation. 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 $1,000 remain on the contract, the Contracting Officer shall issue a bilateral modification for de-obligation. 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.

Minimum Insurance Coverage Requirements Pursuant to FAR clause FAR 52.228-5, Insurance-Work on a Government Installation paragraph (a), Contractors shall present evidence and maintain, as a minimum, the amounts of insurance coverage indicated below:

(1) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they must be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 must be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(2) General Liability. The Contractor must have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(3) Automobile Liability. The Contractor must have automobile liability insurance written on a comprehensive form of policy. The policy must provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States must provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(4) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor must have aircraft public and passenger liability insurance. Coverage must be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury must be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

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.

1. 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.

1. 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.

1. 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.

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

1. 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.

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

1. 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.