Attachment 1 - Solicitation Terms and Conditions.docx LD.docx
DOCX document 57 KB Posted
- Solicitation number
- 12639526Q0012
About this file
This document is an Attachment 1 - Solicitation Terms and Conditions for a United States Department of Agriculture (USDA) contract opportunity to reestablish a Mexfly Citrus Research Grove. The solicitation (Number 12639526Q0012) is a small business set-aside for a firm fixed-price service contract with a total duration of four months, located at Moore Air Base in Edinburg, Texas. The government intends to make a single award based on best value criteria including technical evaluation, past performance, and price.
Key details include a solicitation deadline with questions due by January 12, 2026, at 12:00 PM Eastern Time, and a 90-calendar day price quote acceptance period. The contract supports fruit fly eradication and detection efforts by the Plant Protection and Quarantine (PPQ) program, specifically at the Insect Management and Molecular Diagnostics Lab. The small business size standard is $9.5 million, with the applicable North American Industry Classification Standard Code being 561730. Contractors must submit pricing for all items to be considered responsive, and the evaluation will determine the best value offer to the government.
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Other files
| File | Type | Posted |
|---|---|---|
| Attachment 1 - Solicitation Terms and Conditions.docx 1.docx | DOCX document | |
| Attachment 2 SOW Grove Construction IMMDL Modified 1.docx | DOCX document | |
| Attachment 2 SOW Grove Construction IMMDL Modified.docx | DOCX document | |
| Site Visit handout.pdf | ||
| 20260122_Questions from Contractors_ds.docx | DOCX document | |
| Attachment 3 - SCA Wage Rates Hidalgo County.pdf | ||
| Attachment 2 SOW Grove Construction IMMDL.docx | DOCX document |
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Attachment 1 - Solicitation Terms and Conditions Solicitation Number:
Citrus Grove 12639526Q0012
Attachment 1: Statement of Requirement Re-Establish a Mexfly Citrus Research Grove.
See Attachment 2 – Statement of Work for a list of all requirements.
See Attachment 3 – Service Contract Labor Standards
| Item |
| Supplies/Services |
| Qty |
| Price |
| 0001 |
| Citrus Grove |
| Job |
Award Type
It is anticipated that a Firm Fixed Price service contract consisting of four months shall be awarded as a result of this synopsis/solicitation. The total duration of this contract shall not exceed four (4) months.
The Government intends to make one award from this solicitation. Therefore, to be considered responsive, contractors must submit pricing for all items.
Evaluation and Basis for Award
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.
The Government will evaluate quotations based best value criteria: Technical Evaluation, Past Performance and Price.
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.
52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Nov 2025)
FAR 52.212-1 is amended as follows:
Submission Requirements
1. Technical Evaluation: Capability Statement and Key Personnel
2. Past Performance: Ability to demonstrate contractor can stick to a schedule and Similar work completed.
3. Price- Quote
Period for acceptance of offers.
The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.
Questions Questions shall be submitted via email to margaux.g.nenichka@usda.gov and are due no later than January 12, 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.
| 52.203-18 | Prohibition on Contracting with Entities that Require Certain Internal Confidentiality | Agreements or Statements-Representation (Jan 2017) |
| 52.240-90 | Security Prohibitions and Exclusions Representations and Certifications (Nov 2025) |
The following provisions are applicable if checked:
| ☐ 52.203-11 | Certification and Disclosure Regarding Payments to Influence Certain Federal | Transactions (Sep 2024) |
| ☒ 52.204-7 | System for Award Management—Registration (Nov 2025) |
☐ Alternate I (Nov 2025) to 52.204-7
| ☐ 52.204-90 | Offeror Identification (Nov 2025) | |||
| ☐ 52.207-6 | Solicitation of Offers from Small Business Concerns and Small Business Teaming | Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024) | ||
| ☐ 52.209-12 | Certification Regarding Tax Matters (Oct 2025) | |||
| ☐ 52.219-2 | Equal Low Bids (Nov 2025) | |||
| ☒ 52.222-18 | Certification Regarding Knowledge of Child Labor for Listed End Products (Feb | 2021) | ||
| ☐ 52.222-48 | Exemption from Application of the Service Contract Labor Standards for | Maintenance, Calibration, or Repair of Certain Equipment–Certification (Nov 2025) | ||
| ☐ 52.222-52 | Exemption from Application of the Service Contract Labor Standards for Certain | Services-Certification (Nov 2025) | ||
| ☐ 52.222-56 | Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020) | |||
| ☐ 52.223-4 | Recovered Material Certification (May 2008) | |||
| ☐ 52.225-2 | Buy American Certificate (Oct 2022) | |||
| ☐ 52.225-4 | Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Nov 2025) | |||
| ☐ 52.225-6 | Trade Agreements-Certificate (Feb 2021) | |||
| ☐ 52.226-3 | Disaster or Emergency Area Representation (Nov 2007) | |||
| ☐ 52.229-11 | Tax on Certain Foreign Procurements—Notice and Representation (Jul 2025) |
Other Applicable FAR Provisions
52.237-1 Site Visits (Apr 1984)
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:
(3) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution.
(4) 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)
52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
| 52.212-4 | Terms and Conditions—Commercial Products and Commercial Services (Nov 2025) | ||
| ☐ Alternate I (Nov 2025) of 52.212-4 | |||
| 52.203-17 | Contractor Employee Whistleblower Rights (Nov 2023) | ||
| 52.203-19 | Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements | (Jan 2017) | |
| 52.222-50 | Combating Trafficking in Persons (Nov 2025) |
☐ Alternate I (Nov 2025) of 52.222-50
| 52.226-8 | Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) |
| 52.232-40 | Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) |
| 52.233-3 | Protest After Award (Sep 2025) |
| 52.233-4 | Applicable Law for Breach of Contract Claim (Sep 2025) |
| 52.240-91 | Security Prohibitions and Exclusions (Nov 2025) |
☐ Alternate I (Nov 2025) of 52.240-91 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)
The following provisions are applicable if checked:
☒ 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) ☐ Alternate I (Nov 2021) of 52.203-6
| ☐ 52.203-13 | Contractor Code of Business Ethics and Conduct (Nov 2021) | ||
| ☐ 52.204-9 | Personal Identity Verification of Contractor Personnel Jan 2011 | ||
| ☒ 52.204-13 | System for Award Management—Maintenance (Nov 2025) | ||
| ☐ 52.204-91 | Contractor identification (Nov 2025) | ||
| ☐ 52.209-6 | Protecting the Government’s Interest When Subcontracting with | ||
| Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) | |||
| ☐ 52.209-9 | Updates of Publicly Available Information Regarding Responsibility | ||
| Matters (Sep 2025) | |||
| ☒ 52.209-10 | Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) | ||
| ☐ 52.219-4 | Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov | 2025) | |
| ☒ 52.219-6 | Notice of Total Small Business Aside (Nov 2025) |
☐ Alternate I (Mar 2020).
| ☐ 52.219-8 | Utilization of Small Business Concerns (Nov 2025) |
| ☐ 52.219-9 | Small Business Subcontracting Plan (Nov 2025) |
☐ Alternate 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
| ☐ 52.219-14 | Limitations on Subcontracting (Nov 2025) |
| ☐ 52.219-16 | Liquidated Damages—Subcontracting Plan(Nov 2025) |
| ☐ 52.219-33 | Nonmanufacturer Rule (Nov 2025) |
| ☒ 52.222-3 | Convict Labor (June 2003) |
| ☒ 52.222-19 | Child Labor—Cooperation with Authorities and Remedies (Nov 2025) |
| ☐ 52.222-35 | Equal Opportunity for Veterans (Nov 2025) |
☐ Alternate I (Jul 2014) of 52.222-35 ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025) ☐ Alternate I (Jul 2014) of 52.222-36
| ☒ 52.222-37 | Employment Reports on Veterans (Nov 2025) | |
| ☐ 52.222-40 | Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) | |
| ☐ 52.222-54 | Employment Eligibility Verification (Nov 2025) | |
| ☒ 52.222-62 | Paid Sick Leave Under Executive Order 13706 (Jan 2022) | |
| ☐ 52.223-9 | Estimate of Percentage of Recovered Material Content for EPA-Designated Items | (May 2008) |
☐ Alternate I (May 2008) of 52.223-9
| ☐ 52.223-11 | Ozone-Depleting Substances and High Global Warming Potential | Hydrofluorocarbons (Nov 2025) | |
| ☐ 52.223-12 | Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air | Conditioners (Nov 2025) | |
| ☒ 52.223-23 | Sustainable Products and Services | ||
| ☐ 52.224-3 | Privacy Training (Jan 2017) |
☐ Alternate I (Jan 2017) of 52.224-3 ☒ 52.225-1 Buy American-Supplies (Nov 2025) ☐ Alternate I (Oct 2022) of 52.225-1 ☐ 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025) ☐ Alternate II (Nov 2025) of 52.225-3.
☐ Alternate III (Nov 2025) of 52.225-3.
☐ Alternate IV (Oct 2022) of 52.225-3
| ☐ 52.225-5 | Trade Agreements (Nov 2023) | ||
| ☐ 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic | or Consular Mission outside the United States (May 2020) | ||
| ☐ 52.225-26 | Contractors Performing Private Security Functions Outside the United States (Oct | 2016) | |
| ☐ 52.226-4 | Notice of Disaster or Emergency Area Set-Aside (Nov 2007) | ||
| ☐ 52.226-5 | Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025) | ||
| ☐ 52.229-12 | Tax on Certain Foreign Procurements | ||
| ☐ 52.232-29 | Terms for Financing of Purchases of Commercial Products and Commercial Services | ||
| (Nov 2021) | |||
| ☐ 52.232-30 | Installment Payments for Commercial Products and Commercial Services | ||
| (Nov 2021) | |||
| ☒ 52.232-33 | Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) | ||
| ☐ 52.232-34 | Payment by Electronic Funds Transfer—Other Than System for Award Management | (Jul 2013) | |
| ☐ 52.232-36 | Payment by Third Party (Nov 2025) | ||
| ☐ 52.240-92 | Security Requirements (Nov 2025) |
☐ 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
The Contractor shall comply with the following FAR Clauses for Commercial Services.
| ☒ 52.222-41 | Service Contract Labor Standards (Aug 2018) |
| ☒ 52.222-42 | Statement of Equivalent Rates for Federal Hires (May 2014) |
This Statement is for Information Only:
It is not a Wage Determination
| Employee Class |
| Monetary Wage -- Fringe Benefits |
| Gardner |
| $18.41 |
| ☐ 52.222-43 | Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) |
| ☒ 52.222-44 | Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) |
| ☐ 52.222-51 | Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) |
| ☐ 52.222-53 | Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (Nov 2025) |
Other Applicable Clauses
| 52.232-40 | Providing Accelerated Payment to Small Business Subcontractors (Mar 2023) |
| 52.232-90 | Fast Payment Procedures (Nov 2025) |
AGAR Clauses
452.222-71 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)
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