Attachment 1 - Solicitation Terms and Conditions.pdf

Solicitation Number: 1240LR26Q0004 Attachment 1 – Solicitation Terms and Conditions Various NEW Snowmachines purchase for Multiple Forest Service Locations

Statement of Requirement

The United States Department of Agriculture (USDA), Forest Service (FS), Intermountain Region, has a need for purchasing multiple NEW snowmachines. Some requirements have trade-ins with their request for new snowmachines purchase.

See Attachments for more information

Attachment 2 – 2 Snowmobiles Ogden RD EN 3446, 3449 (1160697) Attachment 3 – Snowmobile Spanish Fork RD EN 3448 (1160705) Attachment 4 – Snowmobile Fleet EN 3441 (1161335) Attachment 5 – Snowmobile Fleet EN 3442 (1161337) Attachment 6 – Snowmobile Fleet EN 3443 (1161338) Attachment 7 – 2 Snowmobiles Fleet EN 9535, 9536 (1162190) Attachment 8 – Snowmobile Ketchum RD EN 9538 (1163421) Attachment 9 - 2 Snowmobiles Payette NF 3464, 3465 (1164547) Attachment 10 - 4 Snowmobiles Evanston RD Mt View RD EN 9557 EN 9554 and Logan RD EN 9553 EN 9552 (1165469)

Schedule of Items

Item

Supplies/Service s

Delivery Location Qty Unit of Issue

Unit Price

Total Price

0001 Snowmobiles (per specs in Attachment 2) – Ogden RD EN 3446, 3449 (1160697)

Uintah-Wasatch-Cache National Forest Attn: Heidi Little 1729 W 500 S Salt Lake City, UT 84104 Phone: 801-618-5240 Email:

Heidi.little@usda.gov

2 EA $ $

TOTAL $

Estimated Delivery Date s

Delivery Location Qty Unit of Issue

Unit Price

Total Price

0002 Snowmobile (per specs in Attachment 3) – Spanish Fork RD

EN 3448

(1160705)

Uintah-Wasatch-Cache National Forest Attn: Heidi Little 1729 W 500 S Salt Lake City, UT 84104 Phone: 801-618-5240 Email:

heidie.little@usda.gov

1 EA $ $

TOTAL $

Estimated Delivery Date mailto:Heidi.little@usda.gov mailto:heidie.little@usda.gov s

Delivery Location Qty Unit of Issue

Unit Price

Total Price

0003 Snowmobiles (per specs in Attachment 10) – Evanston RD Mt View RD EN

9557 EN 9554

and Logan RD

EN 9553 EN

Uintah-Wasatch-Cache National Forest Attn: Heidi Little 1729 W 500 S Salt Lake City, UT 84104 Phone: 801-618-5240 Email:

heidie.little@usda.gov

4 EA $ $

s

Delivery Location Qty Unit of Issue

Unit Price

Total Price

0004 Snowmobile (per specs in Attachment 4) – Fleet EN 3441 (1161335)

Caribou-Targhee National Forest Attn: Richard Gower 1405 Hollipark Drive Idaho Falls, ID 83401 Phone: 208-520-6858 Email:

Richard.gower@usda.gov

1 EA $ $

s

Delivery Location Qty Unit of Issue

Unit Price

Total Price

0005 Snowmobile (per specs in Attachment 5) – Fleet EN 3442 (1161337)

Caribou-Targhee National Forest Attn: Richard Gower 1405 Hollipark Drive Idaho Falls, ID 83401 Phone: 208-520-6858 Email:

Richard.gower@usda.gov

1 EA $ $

TOTAL $

Estimated Delivery Date mailto:heidie.little@usda.gov mailto:Richard.gower@usda.gov s

Delivery Location Qty Unit of Issue

Unit Price

Total Price

0006 Snowmobile (per specs in Attachment 6) – Fleet EN 3443 (1161338)

Caribou-Targhee National Forest Attn: Richard Gower 1405 Hollipark Drive Idaho Falls, ID 83401 Phone: 208-520-6858 Email:

Richard.gower@usda.gov

1 EA $ $

Supplies/Servi ces

Delivery Location Qty Unit of Issue

Unit Price

Total Price

0007 Snowmobiles (per specs in Attachment 7)

– Fleet EN 9535, 9536 (1162190)

Sawtooth National Forest Attn: Cody Wilber 370 American Ave Jerome, ID 83330 Phone: 208-277-4274 Email:

Cody.Wilber@usda.gov

2 EA $ $

0007a Trade-In (Attachment 7 pages 3-14)

Attn: Cody Wilber Location:

370 American Ave Jerome, ID 83330

2 EA -$ -$

mailto:Cody.Wilber@usda.gov

Supplies/Servi ces

Delivery Location Qty Unit of Issue

Unit Price

Total Price

0008 Snowmobile (per specs in Attachment 8)

– Ketchum RD

EN 9538

(1163421)

Sawtooth National Forest Attn: Cody Wilber 370 American Ave Jerome, ID 83330 Phone: 208-277-4274 Email:

Cody.Wilber@usda.gov

1 EA $ $

0008a Trade-In (Attachment 8 pages 2-16)

Attn: Cody Wilber Location:

330 Lewis St Ketchum, ID 83353

2 EA -$ -$

s

Delivery Location Qty Unit of Issue

Unit Price

Total Price

0009 Snowmobiles (per specs in Attachment 9) – Payette EN 3464, 3465 (1164547)

Payette National Forest Attn: Cody Wilber 1918 Commerce Ave.

Boise ID 83705 Phone: 208-277-4274 Email:

Cody.Wilber@usda.gov Authorized to receive:

Loren (Ben) Bennett (208) 899-0503

2 EA $ $

Schedule Notes:

a) Multiple awards may be made from this solicitation, contractors must submit pricing for all items within each schedule of items (SOI).

b) Annotate all Trade in values as a negative value for pricing in SOI tables.

c) Annotate estimated delivery time for delivery of purchased supplies, and pickup (if applicable) of any trade-ins

d) To be awarded this contract the successful vendor MUST have an active SAM registration.

e) Locations do not have loading docks or ability to unload.

f) Delivery Costs MUST be included in the overall pricing quote

g) IF quote is to be made on base item vendor MUST also quote on Trade-in, if applicable, i.e. Base item is labeled 0001, Trade-in is labeled 0001a, Technical Data - Technical (Salient characteristics) Specifications and supporting documentation associated with this solicitation for each schedule of items requirement 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.

See Attachments for more information Attachment 2 – 2 Snowmobiles Ogden RD EN 3446, 3449 (1160697) Attachment 3 – Snowmobile Spanish Fork RD EN 3448 (1160705) Attachment 4 – Snowmobile Fleet EN 3441 (1161335) Attachment 5 – Snowmobile Fleet EN 3442 (1161337) Attachment 6 – Snowmobile Fleet EN 3443 (1161338) Attachment 7 – 2 Snowmobiles Fleet EN 9535, 9536 (1162190) Attachment 8 – Snowmobile Ketchum RD EN 9538 (1163421) Attachment 9 - 2 Snowmobiles Payette NF 3464, 3465 (1164547) Attachment 10 - 4 Snowmobiles Evanston RD Mt View RD EN 9557 EN 9554 and Logan RD EN 9553 EN

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

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 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 ☐ 52.225-3 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) ☐ 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

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

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 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)

Solicitation Information

Award Type

It is anticipated that either a single or multiple firm-fixed priced awards will be awarded as a result of this synopsis/solicitation.

The Government reserves the right to make more than one award (multiple awards) for different line items, if, after considering the additional administrative cost to the Government of awarding and administering separate purchase orders, it is determined that the multiple awards will result in the best value to the Government. For purposes of evaluating the cost of making multiple awards, it is assumed that the administrative cost of awarding and administering a purchase order is $500.

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: Any quantity price discounts and discounts for prompt payment should be included in this section. The offeror shall provide pricing as requested in the Schedule of Items located on pages two (2), three (3), and four

(4) of Attachment 1 – Solicitation Terms and Conditions. Any quantity price discounts and discounts for prompt payment should be included in this section. Total price evaluation will be for each item and any applicable trade-in value. Failure to propose pricing for the base item (line item 0001) and any trade-in (line item (0002) with a negative amount for trade-in value, and total amount 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.

Technical Acceptability:

Technical acceptability will be evaluated on an Acceptable / Unacceptable basis. The offeror must clearly demonstrate that the proposed snowmachine(s) meet or exceed all technical specifications and salient characteristics identified in Attachments 2-10 (All salient characteristics are included for each requirement). The Government’s evaluation will be based solely on the information submitted with the quotation.

Offerors proposing any product must provide descriptive literature that clearly shows how the snowmachine meets or exceeds every required salient characteristic. Acceptable documentation may include manufacturer specifications, brochures, technical sheets, drawings, or a direct link to official published material.

Merely stating that the product meets the requirements is not acceptable. The Contracting Officer is not responsible for locating or obtaining information not provided or identified in the quotation.

To receive a rating of Technically Acceptable, the offered snowmachine must:

1. Meet or exceed all salient characteristics listed in the solicitation and attachments.

2. Be clearly identified by make and model, or otherwise fully described so that the Government can verify the proposed product.

3. Include sufficient descriptive literature or documentation (e.g., specifications, datasheets, brochures, or equivalent) demonstrating compliance with each required salient characteristic.

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

Failure to provide adequate supporting documentation or failure to meet any required salient characteristic will result in a rating of Unacceptable, 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.

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 NLT 30 June 2026. Early deliveries will be accepted.

Shipping Instructions:

Items shall be shipped to the following address:

As directed for each item listed in each schedule of items (SOI). Also listed in each attachment, Attachment 2-8.

Qualification Requirements Offerors, or the product or service, are not required to meet a qualification requirement to be eligible for award.

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) Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. At a minimum, offerors shall include:

a) The solicitation number;

b) Name, address and telephone number of offeror;

c) The offeror’s Unique Entity Identifier (UEI), and if applicable, Electronic Funds Transfer (EFT) indicator;

d) Information necessary to evaluate the factors contained in the provision 52.212-2 or as described in the solicitation;

e) Responses to provisions that require offeror completion of information, representations, and certifications

(other than those collected via SAM.gov); and

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

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.

Quotes are due NLT 27 March 2026 1500hrs via email to adam.koepke@usda.gov

Questions Questions shall be submitted via email to adam.koepke@usda.gov and are due no later than March 20, 2026, at 2:00 PM MST. 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 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 mailto:adam.koepke@usda.gov mailto:adam.koepke@usda.gov

☐ 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 N/A

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)

452.211-70 Brand Name or Equal (Sep 2025)

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

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

(5) Meet the salient physical, functional, or performance characteristics specified in this solicitation;

(6) Clearly identify the item by-

i. Brand name, if any; and

ii. Make or model number;

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

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

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

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

(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