Attachment 1- Solicitation Terms and Conditions.pdf

Title: Tonto Culvert Order RFQ Number: 12444126Q0060

Description -

This is a solicitation for commercial items prepared in accordance with the format in FAR Part 12. This announcement constitutes the only solicitation; offers are being requested, and a separate written solicitation will not be issued.

Solicitation number 12444126Q0060 is issued as a Request for Quotation (RFQ) for a Tonto Culvert Order.

This acquisition is set-aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

The applicable North American Industry Classification Standard Code is 332322 .

NOTES TO VENDOR:

• Submit offer by email to thomas.wolterman@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Certificate of Made in America, and

Price Proposal) 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 offerors responsibility to confirm receipt of the offer.

Late submissions will not be accepted.

• Offers are due by September 22, 2026 @ 1700 ET.

• Questions shall be submitted via email to thomas.wolterman@usda.gov and are due no later than September 21, 2026 @ 1000 ET. 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.

See “Attachment 1 - Solicitation Terms and Conditions” for applicable clauses, instructions, and evaluation criteria.

Statement of Requirement

This project covers the replacement and replenishment of corrugated metal culvert pipes required to support road maintenance operations across the Tonto National Forest. The Contractor shall manufacture, supply, and deliver corrugated metal pipes (CMP) and all associated hardware, including coupling bands, in full compliance with FP-24 specifications (and FP-14 where applicable). All materials must meet requirements for dimensions, coatings, joints, and markings.

Deliveries will be intended for stock-on-hand, allowing the Forest Service to rapidly deploy these materials for installation or replacement of drainage infrastructure on Forest System roads. This capability is critical for maintaining roadway drainage capacity and resilience, particularly following fire and flood events.

Attachment 2- Specifications

Price Schedule

Item Supplies/Services Qty Unit Price Total Price

1 57" x 38" Galvanized CSPA 12ga

12 $ $

2 57" x 38” Galvanized Reroll Band with Gasket http://www.acquisition.gov/ mailto:thomas.wolterman@usda.gov

3 42" x 29" Galvanized CSPA 16ga

4 42" x 29” Galvanized Reroll Band with Gasket

5 Delivery to Payson Administrative Site – Road

Crew Workstation

Technical Data –

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

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

Attachment 1 – Solicitation Terms and Conditions (Amended) Attachment 2- Specifications (Amended)

Federal Acquisition Regulation (FAR) and United States Department of Aquiculture Acquisition Regulation

(AGAR) Clauses and Provisions

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

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award

Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference Feb 1998

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

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2025)

☐ Alternate I (Nov 2025) of 52.212-4

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)

Commented [CGT1]: When expecting to award a time-and-materials or labor-hour contract or when expecting that orders will include time-and-material line items.

Commented [CGT2]: When the contract will be performed outside the United States and the contracting officer has been notified of specific U.S. directives or notices regarding combating trafficking in persons (such as general orders or military listings of

“off-limits” local establishments) that apply to contractor employees at the contract place of performance.

Commented [CGT3]: Insert the clause with its Alternate I in-

(1) Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts; and

(2) Where the program office or the requiring activity instructs the contracting officer to select specific types of FASCSA orders.

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

The following clauses are applicable if checked:

☐ 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) with 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 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

☒ 52.225-2 Buy American-Certificate (Oct 2022)

☒ 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025)

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

Commented [CGT4]: Solicitations and contracts exceeding the simplified acquisition threshold. For the acquisition of commercial products or commercial services, the contracting officer must use the clause with its Alternate I.

Commented [CGT5]: Solicitations and contracts if the value of the contract is expected to exceed $7.5 million and the performance ...

Commented [CGT6]: Solicitations and contracts when contract ...

Commented [CGT7]: When offerors are required to be ...

Commented [CGT8]: When offerors are not required to be ...

Commented [CGT9]: Solicitations and contracts where the ...

Commented [CGT10]: (1) In solicitations where the resultant ...

Commented [CGT11]: Each solicitation and contract for the ...

Commented [CGT12]: Solicitations for acquisitions conducted ...

Commented [CGT13]: Solicitations involving total small ...

Commented [CGT14]: When including FPI in the competition ...

Commented [CGT15]: Solicitations and contracts when the ...

Commented [CGT16]: Solicitations and contracts that offer ...

Commented [CGT17]: The contract action will not be reported ...

Commented [CGT18]: The contracting officer must require the ...

Commented [CGT19]: Solicitations and contracts— ...

Commented [CGT20]: In contracts containing the clause at ...

Commented [CGT21]: Solicitations and contracts, including ...

Commented [CGT22]: In solicitations and contracts above the ...

Commented [CGT23]: In all solicitations and contracts for the ...

Commented [CGT24]: Solicitations and contracts if the ...

Commented [CGT25]: If the Director, Office of Federal ...

Commented [CGT26]: Solicitations and contracts that exceed or ...

Commented [CGT27]: If the Director of OFCCP or agency ...

Commented [CGT28]: Solicitations and contracts containing ...

Commented [CGT29]: All solicitations and contracts, including ...

Commented [CGT30]: All solicitations and contracts that ...

Commented [CGT31]: Solicitations and contracts that include ...

Commented [CGT32]: Solicitations and contracts exceeding ...

Commented [CGT33]: If technical personnel advise that ...

Commented [CGT34]: Solicitations and contracts that may ...

Commented [CGT35]: Solicitations and contracts that include ...

Commented [CGT36]: Solicitations and contracts unless a ...

Commented [CGT37]: Solicitations and contracts when, on ...

Commented [CGT38]: When an agency specifies that only its ...

Commented [CGT39]: Solicitations and contracts with a value ...

Commented [CGT40]: The contracting officer must use the ...

Commented [CGT41]: Solicitations and contracts with a value ...

Commented [CGT42]: In solicitations and contracts if— ...

Commented [CGT43]: If the acquisition value is $50,000 or ...

☐ 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

☒ 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025)

☐ 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

Other Applicable Clauses

52.216-18 Ordering (Aug 2020)

52.216-19 Delivery – Order Limitations (Oct 1995)

52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026)

52.245-9 Use and Charges (Apr 2012)

52.246-15 Certificate of Conformance (Apr 1984)

52.247-29 F.O.B. Origin (Feb 2006)

52.247-34 F.O.B. Destination (Jan 1991)

AGAR Clauses

452.204–70 Modification for Contract Closeout (Nov 2025)

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting

Officer) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The Contracting Officer shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The Contracting Officer may also request a “Contractor

Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 60 days, the Contracting

Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and a ‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the Contracting Officer

Commented [CGT44]: If the acquisition value is $100,000 or more but is less than $102,280, use the clause with its Alternate III.

Commented [CGT45]: Use the clause with its Alternate IV to reflect the domestic content threshold that will apply to the entire period of performance, when the senior procurement executive ...

Commented [CGT46]: n solicitations and contracts valued at

$174,000 or more, if the acquisition is covered by the WTO GPA ...

Commented [CGT47]: Solicitations and contracts, other than personal service contracts with individuals, that will require ...

Commented [CGT48]: Solicitations and contracts for performance outside the United States in an area of— ...

Commented [CGT49]: In solicitations and contracts involving local area set-asides.

Commented [CGT50]: Solicitations and contracts involving local area set-asides.

Commented [CGT51]: Solicitations that contain the provision at

52.229-11, Tax on Certain Foreign Procurements—Notice and ...

Commented [CGT52]: When the contract will provide for contract financing.

Commented [CGT53]: In solicitations and contracts in lieu of constructing a specific clause in accordance with paragraphs (b) ...

Commented [CGT54]: Solicitations and contracts that include the provision at 52.204-7, System for Award Management, or an ...

Commented [CGT55]: If the head of the agency has authorized, in accordance with 32.1106, to use a nondomestic EFT mechanism, ...

Commented [CGT56]: If payment under a written contract will be made by a charge to a Government account with a third party ...

Commented [CGT57]: Solicitations and contracts when the contract may require access to classified information.

Commented [CGT58]: If a construction or architect-engineer contract where employee identification is required for security ...

Commented [CGT59]: Solicitations and contracts when the contractor or a subcontractor at any tier may have Federal contract ...

Commented [CGT60]: Solicitations and contracts that may involve ocean transportation of supplies subject to the Cargo ...

Commented [CGT61]: If a statute or agency procedures require transportation of the supplies furnished under the contracts ...

Commented [CGT62]: Except for contracts or agreements for ocean transportation services or construction contracts, use the ...

Commented [CGT63]: In solicitations and contracts when a definite-quantity contract, a requirements contract, or an indefinite-...

Commented [CGT64]: In solicitations and contracts when a definite-quantity contract, a requirements contract, or an indefinite-...

Commented [CGT65]: In solicitations and contracts when the clause at 52.245-1 is included.

Commented [CGT66]: In solicitations and contracts for supplies or services when the conditions in 46.504 apply.

Commented [CGT67]: When the delivery term is f.o.b. origin.

Commented [CGT68]: When the delivery term is f.o.b.

destination.

Commented [CGT69]: In all solicitations and contracts that use simplified acquisition procedures.

within 120 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(End of Clause)

452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec

2025)

(a) By entering into this contract, the Contractor certifies that:

(1) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the

U.S. Constitution, and it will remain compliant for the duration of the contract.

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

Constitution, and the Contractor and any subcontractor or teaming partner will not do so for the duration of the contract.

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

Opportunity.

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

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

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

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

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

(End of Clause)

Solicitation Information

Award Type

It is anticipated that a firm-fixed price will be awarded as a result of this synopsis/solicitation.

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

Evaluation and Basis for Award

Evaluation Criteria

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 lowest price technically acceptable.

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

Technical Acceptability: Offeror’s providing “or equal” items shall include in their quotation descriptive literature such as illustrations, drawings, or a clear reference, such as a web site to information readily available to the Contracting

Officer showing that the items being quoted meets all salient characteristics. Merely stating that the items meet is not acceptable. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

The Technical capability will be evaluated to determine an overall rating of “acceptable” or “unacceptable”. To be considered technically acceptable, the quoted product must:

1. Meet or exceed all salient characteristics of the brand name product as specified in the solicitation.

2. Be clearly identified by brand name, make, and model number, or identified as an “equal” product.

3. Include sufficient descriptive literature or documentation (e.g., product specifications, datasheets, or brochures) to demonstrate how the proposed product meets or exceeds the required salient characteristics.

4. Be available for delivery within the timeframe specified in the solicitation.

Failure to provide adequate documentation or to meet the required salient characteristics will result in a determination of technical unacceptability, and the quotation will not be considered for award.

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:

• Acceptable: The contractor shows a demonstrated ability to meet contract requirements in prior or current contracts, including quality of work, timeliness, cost control, business relations, and adherence to contract terms.

• Neutral: Offeror does not have a past performance record.

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

Evaluation Method:

The Government will evaluate quotations based on the lowest price technically acceptable criteria. Only the lowest priced offer will be evaluated for Technical Acceptability. Should the lowest priced offer not receive an acceptable technical or past performance rating, the process will continue in order of lowest priced offer until the lowest price, technically acceptable offer with acceptable or neutral past performance is identified.

• Submit offer by email to thomas.wolterman@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 3 separate attachments (Technical Proposal, Price Proposal, and Made in America certificate or statement) 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 offerors responsibility to confirm receipt of the offer.

Late submissions will not be accepted.

Delivery Information

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 within 30 days of contract acceptance. Early deliveries will be accepted.

Shipping Instructions:

Delivery to address below:

Payson Administrative Site

Road Crew Workstation

1009 E. Hwy 260

Payson, AZ 85541

Note:

Supplier must plan to deliver the culverts to the Payson Admin Site and have a mechanism to offload them from their truck like a truck-mounted or “piggyback” forklift.

Also, vendor must contact the COR to arrange a date and time for delivery so they can be available to open the gates for the delivery driver.

52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Nov 2025)

FAR 52.212-1 is amended as follows:

Period for acceptance of offers: The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

Questions Questions shall be submitted via email to thomas.wolterman@usda.gov and are due no later than September 21, 2026 at 1000 ET. 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) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

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)

AGAR Provisions

452.203-70 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Certification (Dec

2025)

AGAR 452.211-70 Brand Name or Equal (Sep 2025)

(a) By submission of its offer, the offeror certifies that:

(1) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the

U.S. Constitution.

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

Constitution.

(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.

Commented [CGT70]: Solicitations expected to exceed

$200,000.

Commented [CGT71]: When offerors are required to be registered in SAM.

Commented [CGT72]: Use the provision with its Alternate I for acquisitions described at 4.203-1(b)(4);

Commented [CGT73]: When offerors are not required to be registered in SAM.

Commented [CGT74]: Solicitations for multiple-award contracts above the substantial bundling threshold of the agency.

Commented [CGT75]: For agencies receiving funds subject to section 523 of Division B of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and similar provisions in subsequent appropriations acts, insert the provision at

52.209-12, Certification Regarding Tax Matters, in solicitations where the resultant contract value (including options) might exceed

$5.5 million.

Commented [CGT76]: Solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to, service-disabled veteran-owned small business concerns under

19.106-2 and 19.106-3.

Commented [CGT77]: All solicitations that are expected to exceed the micro-purchase threshold and are for the acquisition of end products (regardless of country of origin) of a type identified by country of origin on the List of Products Requiring Contractor

Certification as to Forced or Indentured Child Labor.

Commented [CGT78]: In solicitations that—

(i) Include the clause at 52.222-41, Service Contract Labor

Standards; and

(ii) The contract may be exempt from the Service Contract Labor

Standards statute in accordance with 22.1002-1(e).

Commented [CGT79]: In solicitations that—

(A) Include the clause at 52.222-41, Service Contract Labor

Standards, and

(B) The contract may be exempt from the Service Contract Labor Standards statute in accordance with 22.1002-1(f).

Commented [CGT80]: In solicitations if—

(1) It is possible that at least $550,000 of the value of the contract may be performed outside the United States; and

(2) The acquisition is not entirely for commercially available off-the-shelf items.

Commented [CGT81]: Solicitations that require the delivery or specify the use of EPA-designated items.

Commented [CGT82]: Solicitations containing the clause at

52.225-1.

Commented [CGT83]: Solicitations containing the clause at

52.225-3.

Commented [CGT84]: Solicitations containing the clause at

52.225-5.

Commented [CGT85]: In solicitations involving local area set-asides.

Commented [CGT86]: In solicitations, including solicitations using part 12 procedures for acquiring commercial products and commercial services, except for—

(1) Acquisitions using simplified acquisition procedures that do not exceed the simplified acquisition threshold;

(2) Emergency acquisitions using the emergency acquisition flexibilities defined in part 18; ...

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

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

(f) Failure on the part of the offeror or its subcontractors to comply with the terms of this clause may be grounds for the

Contracting Officer to terminate the contract for default.

(End of Provision)

NOTICE FOR FILING AGENCY PROTESTS

United States Department of Agriculture (USDA) Ombudsman Program

The USDA is committed to issuing solicitations and awarding contracts in a fair and prompt manner. The Ombudsman

Program for Agency Protests (OPAP) was established to address protest issues within the agency, providing an alternative to costly and time-consuming litigation. Operating independently, OPAP offers relief comparable to that granted by the Government Accountability Office (GAO). Interested parties are encouraged to resolve concerns through

USDA’s internal Alternative Dispute Resolution (ADR) process before pursuing external forums such as the GAO.

Concerns may be addressed informally or through a formal agency protest filed with either the Contracting Officer or the

Ombudsman.

Informal Forum with the Ombudsman

1. Initial Point of Contact: Interested parties who believe a specific USDA procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer.

2. Escalation: If the Contracting Officer is unable to address their concerns, interested parties are encouraged to contact the USDA Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Utilization of the informal forum does not suspend any time requirement for filing a formal protest with the agency or other forums.

3. Required Information: To ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman

1. Effort to Resolve: Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions.

2. Independent Review: If the protester’s concerns remain unresolved, an Independent Review is available by the

Ombudsman. The protester may file a formal agency protest with either the Contracting Officer or, alternatively, with the Ombudsman under the OPAP program. Contract awards or performance will be suspended during the protest period unless justified in writing for urgent and compelling reasons or determined in writing to be in the best interest of the Government.

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

4. Required Information: Protests shall include the information set forth in FAR 33.104(a)(3). Failure to submit the required information may result in a delay or dismissal of the protest.

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

6. Submission: Formal protests under the OPAP program should be submitted electronically to SPE.inquiry@usda.gov and the Contracting Officer.

Election of Forum. By initiating a protest with the USDA, the protester agrees not to pursue the same matter with the

Government Accountability Office (GAO) or any other external forum while the agency protest is pending. If a protest is filed externally, the agency protest will be dismissed.

mailto:SPE.inquiry@usda.gov

52.225-2 Buy American Certificate.

As prescribed in 25.601(a)(2), insert the following provision:

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)

(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)