Attachment 1 Solicitation Terms and Conditions.pdf

Pagosa RD- Farrier Services

1240LP26Q0025

Description This is a combined synopsis/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 1240LP26Q0025 is issued as a Request for Quotation (RFQ) for Farrier Services. Pagosa District maintains a herd of horses up to 8 animals. Horses are used by the district recreation and range programs. Horses require regular shoeing, approximately every 6 weeks, during the field season and two hoof trimmings during the fall/winter. The farrier must come to various locations primarily on the Pagosa District and other areas on the San Juan National Forest and surrounding lands to shoe and trim horses.

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 115210- Support- Professional: Veterinary/Animal Care. The small business size standard is $11 Million This acquisition is a Total Small Business Set-Aside. All responsible sources may submit a quotation which will be considered by the agency.

Statement of Requirement

Period of Performance Base Year: 04/01/2026 – 03/31/2027 Base

ITEM

NUMBER

DESCRIPTION PAY

UNIT

EST

QTY

UNIT

COST

TOTAL

0001 Trimming (2 x per year) horse 16 $ $ 0002 Trimming and Shoeing (5 x per year) horse 40 $ $

Total Base Year: $

Period of Performance Option Year 1: 04/01/2027 – 03/31/2028

ITEM

NUMBER

DESCRIPTION PAY

UNIT

EST

QTY

UNIT

COST

TOTAL

1001 Trimming (2 x per year) horse 16 $ $ 1002 Trimming and Shoeing (5 x per

Total Option Year 1 $

Period of Performance Option Year 2: 04/01/2028 – 03/31/2029

ITEM

NUMBER

DESCRIPTION PAY

UNIT

EST

QTY

UNIT

COST

TOTAL

http://www.acquisition.gov/

2001 Trimming (2 x per year) horse 16 $ $ 2002 Trimming and Shoeing (5 x per

Total Option Year 2 $

Period of Performance Option Year 3: 04/01/2029 – 03/31/2030

ITEM

NUMBER

DESCRIPTION PAY

UNIT

EST

QTY

UNIT

COST

TOTAL

3001 Trimming (2 x per year) horse 16 $ $ 3002 Trimming and Shoeing (5 x per

Total Option Year 3 $

Period of Performance Option Year 4: 04/01/2030 – 03/31/2031

ITEM

NUMBER

DESCRIPTION PAY

UNIT

EST

QTY

UNIT

COST

TOTAL

4001 Trimming (2 x per year) horse 16 $ $ 4002 Trimming and Shoeing (5 x per year) horse 40 $ $

Total Option Year 4 $ Grand Total: Base Plus 4 Option Years $

1.0 Description of Services: The contractor shall provide all management, supervision, labor, personnel, transportation, materials, equipment, and supplies, except as otherwise specified, necessary to provide horse shoeing services for the Pagosa Ranger District, located at various locations throughout the San Juan National Forest and surrounding lands. All work shall be performed in accordance with this statement of work and all federal, state and local laws and regulations.

2.0 Location And Description

The project is located on San Juan National Forest, on the Pagosa and Columbine Ranger Districts and surrounding areas.

Main office located at 180 Pagosa Street, Pagosa Springs, CO, 81147

All locations are on the Pagosa District unless otherwise stated.

Job Corps administrative site located 4 miles north on CR 600. Roads to this location are paved.

Site has corrals, flat ground to work on.

Masco Pasture, approximately 8 miles east of Pagosa on Hwy 160. Located on right (east) side of highway. Roads to this location are paved. Good gravel road leads into pasture. A truck can easily turn around. Pasture gate is always locked. Forest Service personnel must meet farrier at this location. Shoeing would occur inside pasture. There is flat ground to work on.

Treasure Pasture, approximately 4 miles east of Pagosa on Hwy 160. Located on left (west) side of highway. Roads to this location are paved. Must drive on native surface. Truck can easily turn around in enclosure. Pasture gate is always locked. Forest Service personnel must meet farrier at this location. Shoeing would occur in small chain link enclosure above the pasture. The ground is flat enough to work on.

Turkey Springs Pasture, approximately 6 miles north on CR 600, 2-3 miles west on FSDR629 to 629B. CR600 is paved. FSDR629 is a good gravel road. FSDR629B has a 0.25 mile section of very rough, rocky road to reach the pasture. Pasture gate is always locked. Forest Service personnel must meet farrier at this location. Shoeing would occur by entry gate to Guard Station. There is flat ground to work on.

Cole Ranch, Columbine District, approximately 11 miles from the town of Bayfield on Hwy 160, on the south side of the highway. Roads to this location are paved. Gate into Forest Service facility is always locked. Forest Service personnel must meet farrier at this location. Shoeing would occur in corral area of Cole Ranch. There is flat ground to work on and a covered space.

Other Locations, Contractor may be called upon to work in other locations across the San Juan National Forest and surrounding lands, depending on where the Pagosa District are being kept and used. Other various locations may be requested when a horse has lost a shoe or under other circumstances.

3.0 Period of Performance

Base Year: 04/01/2026 to 03/31/2027 Option Year 1: 04/01/2027 to 03/31/2028 Option Year 2: 04/01/2028 to 03/31/2029 Option Year 3: 04/01/2029 to 03/31/2030 Option Year 4: 04/01/2030 to 03/31/2031

The services of the contractor are required year-round on an as needed basis. Trimmings are typically done in February/March and November. Shoeing’s are scheduled starting in April, running through October/November about every six weeks. No farrier services are usually needed in the months of December and January, however, injury may make them necessary. Farrier services for the purpose of this contract should be available year-round for the full term allowed by this contract.

4.0 Prework Conference:

Prior to commencement of work, the Contracting Officer (CO) or the Contracting Officer Representative (COR) will schedule a meeting with the contractor to discuss the contract terms, work requirements and schedule. At the conference, the Contractor shall designate, in writing, the name and phone number of the Contractor’s on-site representative and their contract responsibilities and authority.

5.0 Hours of Operation

Contractor will work any day of the week he/she is scheduled. Shoeing’s are scheduled approximately 6 weeks apart during the summer. Shoeing of 5-8 horses can be accomplished within a day, during regular business hours 0800-1700.

6.0 Federal Holidays

There is no access to the animals on federal holidays.

7.0 Qualifications Of Contractor Or Employees

The contractor and his/her employees shall be capable of properly shoeing a horse. The contractor must be competent so that his or her work will not cause lameness in the horse and the shoes will stay on with normal use for at least 6 weeks. The contractor must guarantee his/her work for at least 6 weeks.

8.0 DEFINITIONS

Shoe – Putting shoes on a horse’s feet. Includes trimming excess growth of horse hoof, making sure hoof is trimmed to correct angles, rasping surfaces smooth, nailing shoe on hoof, final rasp to clean edges.

Trim – Trimming excess hoof growth. Includes making sure hoof is trimmed to correct angles and rasping hoof surfaces smooth.

Shoeing guarantee – Contractor will come and replace a lost shoe with no additional charge if the shoe comes off within 6 weeks of being put on.

9.0 Technical Requirements/Tasks

When the contractor is called, he/she must appear for the scheduled appointment on time and shoe and/or trim all the district horses. Each shoeing includes a trimming of the hooves and the tacking on a new metal horseshoe with nails. Each shoeing is considered finished after all four feet of a horse have been trimmed, shod, and rasped clean. The entire job is considered finished when all scheduled horses have been completed.

The contractor shall be capable of safe and humane handling of all animals including “hard to handle” horses and mules. Some stock may not have ever been shoe’ d previously. No table shoeing is permitted. Contractor will Guarantee replacement of loose or lost shoes between shoeing’s on stock.

• Capability to service up to 8 head of stock per day.

• Furnish all required tools and equipment.

• Furnish all shoeing materials.

• Capability to produce properly balanced foot and a solidly attached shoe that will remain in place for 6-8 weeks.

• If COR or Forest Service Representative is not present during shoeing or trimming contractor will maintain shoeing records for all Pagosa Ranger District stock, to include:

o Biographic data o Date service performed.

o Type of service performed (shoeing, trimming, etc.).

o Notes (corrective shoeing, injuries, etc.).

These records will be turned over to the Program manager at the end of the contract or at time of request from the Contracting Officer Representative (COR).

Shoeing Materials:

1. Shoes shall be new shoes manufactured of hot dropped forged steel.

2. Shoes shall be the proper size for the hoof to which they are attached.

3. No less than 6 nails should be used with each shoe.

4. Nails shall be the appropriate standard size for the shoes utilized.

Standards:

1. Shoeing of stock will be done in accordance with standard horse shoeing practices.

2. Sole Preparation: Soles shall be cleaned of excess dead tissue and pared away to provide proper relief. Commissures shall be cleaned. Frog shall be pared of excess dead material to ensure that commissures are open beneath the heel bulbs and not blocked. Bars shall be properly trimmed. Seat of corns shall be properly cleaned of dead tissue.

3. Hoof Preparation: Hoofs shall be level and trimmed to insure even weight bearing. Flares shall be removed prior to shoe application. Heels shall also be equal in length and height.

(Proper length of heel must be maintained to keep animal from walking on bulbs of heels)

4. The hoof shall be trimmed to a standard angle of foot. Slope of pastern determines angle of foot.

5. Each shoe will be required to be shaped on site.

6. Balance: the foot shall be balanced anteriorly/posteriorly and medially/laterally. The hoof shall bear weight evenly and be centered under the leg.

7. Shoe Preparation: Shoes shall be level and shaped to allow for expansion, especially concerning the heels.

8. Shoes shall be correctly sized and shaped to fit the particular horse or mule foot, addressing any conformation abnormalities.

9. Nails: Nails shall be driven evenly to a height of ¾ to 1 inch. Clinches shall be a minimum of

1/8 inch, appropriately set, and lightly rasped to remove sharp edges.

10. Some stock may need to be sedated before shoeing.

10.0 Inspection And Acceptance

Inspection and acceptance of work will typically occur while horses are shoe’ d or trimmed. A Forest Service employee who is knowledgeable about horse shoeing should be present while work is being performed. If not, a Forest Service employee will check the contractor’s work as soon as possible. Inspection consists of a Forest Service employee observing the contractor while working and visually examining horses’ feet afterwards.

Invoicing and Payments- All payments are processed using The Invoice Processing Platform (IPP).

This is a mandatory requirement initiated by the U.S. Department of Treasury, and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

The IPP Customer Support Desk is available to assist users Monday through Friday (excluding Federal holidays) from 8 a.m. to 6 p.m. ET, to answer questions related to accessing IPP or completing the registration process. Their toll-free number is 1-866-973-3131 or they can be reached at IPPCustomerSupport@fms.treas.gov. If you have any additional questions or concerns, please contact the Controller Operations Division Help Desk at 1-877-243-3072 or cod.help@usda.gov.

Federal Acquisition Regulation (FAR) and United States Department of Aquiculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions.

Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2025) 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) 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) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)

The following clauses are applicable if checked:

☒ 52.204-13 System for Award Management—Maintenance (Nov 2025) ☒ 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) ☒ 52.219-6 Notice of Total Small Business Aside (Nov 2025) ☒ 52.219-14 Limitations on Subcontracting (Nov 2025) ☒ 52.222-3 Convict Labor (June 2003) ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025) mailto:IPPCustomerSupport@fms.treas.gov mailto:cod.help@usda.gov https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

☒ 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) ☒ 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) ☒ 52.223-23 Sustainable Products and Services ☒ 52.225-1 Buy American-Supplies (Nov 2025) ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018)

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 WG-6 $22.50/hr-- $6.55/hr

☒ 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018)

Other Applicable Clauses

52.217-8 Option to Extend Services (Nov 1999) 30 calendar days prior to contract expiration 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) 30 Calendar days prior to contract expiration and 60 days

(c) five years and 6 months.

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:

(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)

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 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.

(End of Clause)

Solicitation Information

Award Type

It is anticipated that a firm-fixed price type contract consisting of (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.

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.

Price:

The offeror shall provide pricing as requested in the schedule of items located on page 3. Any quantity price discounts and discounts for prompt payment should be included in this section. Total price evaluation will be for the base period, all option periods and in accordance with FAR 52.217-8, up to a six-month extension period. Failure to propose pricing for the base period and all option periods on individual line items may result in a quotation being excluded from further consideration.

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

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 offerors. 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.

Technical Acceptability:

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

• Provide names for proposed key personnel. Provide details of personnel that will be working on the Farrier Services such as years of experience, training and/or certifications.

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.

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:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.

A) Technical Proposal – The technical proposal shall address the evaluation factors in FAR

A minimum technical proposal must include:

i) Past Performance – provide a list of similar projects completed by your firm over the past three years. 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 offeror will receive a neutral rating in this factor.

ii) Technical Capability –

a) Provide names for proposed key personnel. Provide details of personnel that will be working on the Farrier Services such as years of experience, training and/or certifications. Certifications are not required but encouraged.

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

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 curtis.r.landreth@usda.gov and are due no later than Feb 16, 2025, at 12:00 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.

52.203-18 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.sam.gov/SAM/ mailto:curtis.r.landreth@usda.gov

The following provisions are applicable if checked:

☒ 52.204-7 System for Award Management—Registration (Nov 2025) ☒ 52.225-2 Buy American Certificate (Oct 2022)

Other Applicable FAR Provisions

52.217-5 Evaluation of Options (Nov 2025) 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)

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

Statement of Requirement

PAST PERFORMANCE DATA SHEET

Complete one table for each project.

Name of Company that performed work

(ie. Prime or Subcontractor) Project Name Company/Agency work was done for Contract Number Contract Type (fixed price, etc) Total Contract Value Completion Date or Anticipated Completion Date Contracting Officer (Name/phone number/email) Project Manager or Contracting Officer’s Representative (COR) (Name/phone number/email) Project Description