Attachment 1 Solicitation Terms and Conditions Long Cane Ranger District SC.pdf

Short-term Office Rental for the Long Cane Ranger District, South Carolina 12444126Q0017

Description

The United States Department of Agriculture (USDA), Forest Services (FS), Long Cane Ranger District, in Edgefield, South Carolina has a need for a Short-Term Office Rental as described in the attached Combined Synopsis/Solicitation. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 of the Federal Acquisition.

This announcement constitutes the only solicitation; quotes are being requested, and a separate written solicitation will not be issued.

Solicitation number 12444126Q0017 is issued as a Request for Quotation (RFQ) for a Short-term Office Rental for the Long Cane Ranger District, South Carolina.

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 531120 Lessors of Nonresidential Buildings $34Mil.

The Period of Performance (PoP) will be April 1, 2026 through March 31, 2027.

Statement of Requirement

This contract will secure office space for approximately 40 Long Cane Ranger District employees in the Edgefield, SC area, reference Attachment 2, Statement of Work (SOW) for detailed requirements.

Line Item

Description Qty Unit of Issue

Monthly Cost

Total Cost

0001 Short-term office Rental for the Long Cane Ranger District, SC. IAW Attachment 2, SOW

12 Monthly

CONTRACTOR’S INFORMATION (IAW FAR 52.204-7, contractors MUST be active in the System for Award Management (SAM) at SAM.gov | Home at the time proposals are due to be eligible for this award.

Company Name: ______________________________________

UEI# @ SAM.gov: _____________________________________

POC: _______________________________________________

POC Email/Cell#: _____________________________________ http://www.acquisition.gov/ https://sam.gov/content/home

The following shall be provided at the time of quote submission:

• The physical address and the property square footage for the location to be provided for the short-term rental.

• Office space layout AND pictures of the space for the location of the short-term rental location to include the parking area.

• Verification that the vendor can provide the space as quoted (if the space quoted is not owned or managed by specifically by the quoting vendor). If a third party is providing a quote, a letter of intent for the space must also be provided as part of the quote.

• The space shall be move-in ready by the anticipated date of April 1, 2026. The space shall not be rented to anyone else prior to this award being made.

Historical Data: The incumbent for this services is 310 Buncombe St in Edgefield, SC that was awarded for $302,750 for 2 1/2 years under contract number 12444123C0014. This is for informational purposes only.

Invoicing Invoicing Information: Invoices are entered into the Treasury Department’s Invoice Processing Platform (IPP system).

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING

PLATFORM (IPP) (a) Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP). The Contractor must use the IPP website (https://www.ipp.gov) for submitting invoices. Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing.

Price:

Vendors shall provide their quoted pricing on Page 1 above.

Pricing shall be firm-fixed pricing. Per the SOW, electric power, water, sewer, telecommunication, internet, refuse, and grounds maintenance services shall be included in the firm-fixed price quote.

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, https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.ipp.gov%2F&data=05%7C02%7CJill.Craft%40usda.gov%7C8b6c21eccd1d48f8520808de67edced1%7Ced5b36e701ee4ebc867ee03cfa0d4697%7C1%7C0%7C639062468232933423%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=BC%2BV50s8kO%2BT%2BMmJIef9PfOMfS0uYeOaw183PfCM7rc%3D&reserved=0 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

52.222-50 (Jan 2017) 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)

52.244-6

☒ Alternate I (Nov 2025) of 52.240-91 Subcontracts for Commercial Products and Commercial Services (Nov 2025)

The following clauses are applicable :

☒ 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) ☒ 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) ☒ 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

☒ 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) ☒ 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) ☒ 52.222-54 Employment Eligibility Verification (Nov 2025) ☒ 52.232-33 Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) ☒ 52.240-92 Security Requirements (Nov 2025)

The Contractor shall comply with the following FAR Clauses for Commercial Services.

☒ 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (Nov 2025) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

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 a firm-fixed price contract consisting of one (1) one-year base period.

The Government intends to make one award from this solicitation.

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 contractor that provide the Best Value to the Government.

Section 1: Evaluation Methodology Award of this contract will use Best Value, a trade-off process to meet the following organizational goal and objectives:

Goal:

• Secure an office facility that meets the operational needs of the Long Cane Ranger District as described in the Statement of Work (SOW) no later than 1 April 2026.

Objectives:

• Avoid and/or minimize additional costs to the government that may result from relocating to another facility outside of Edgefield, SC.

• Avoid and/or minimize disruptions to District operations that would result from relocating to another facility.

In addition, the USFS seeks to establish a contract that provides the best value to the government with a vendor that has exceptional past performance in providing contracted office space and a track-record of delivering first-class customer service.

Section 2: Evaluation Factors The award decision will be based on the following evaluation factors:

• Technical Specifications & Approach

• Past Performance

• Cost/Price

The “Technical Specifications & Approach” evaluation factor is the most important and significantly more important than contract cost. Additional costs for relocation and disruptions to operations pose both tangible and intangible disadvantages for the government and it is in the best interest to avoid and/or minimize their impact on District operations.

The second most important evaluation factor is “past performance” and is more important that contract cost. Doing business with a vendor that has a proven record of superior past performance and first-class customer service is very important to the government. A landlord that is responsive to facility repair needs and proactive in providing preventative and recurring facility and ground maintenance is imperative to presenting a professional image to the public and minimizing disruptions to District operations.

The final evaluation factor is contract cost. Securing a District office at an economical price is in the best interest of the government and will be considered along with the other two evaluation factors to determine the best value for the government.

2.1 Factor 1: Technical Specifications & Approach (Evaluation Weight: 50%) Submission Requirements:

Vendors shall submit a detailed proposal that describes the characteristics of the property to demonstrate the facility meets the requirements stated in the SOW. Facility specifications, floorplans and a list of services that will be included in the rental fee will be evaluated. The frequency of services included should also be provided for evaluation. If the proposal requires a move to another facility, the vendor can propose solutions to avoid or minimize additional costs or operational disruptions to the government.

Evaluation Criteria/Methodology:

For this factor, the evaluation team will use a trade-off process to assign an adjectival rating for each proposal using the definitions provided in paragraph 3.1 below. Specifically, the proposed facility must adhere to the technical requirements as set forth in paragraph 3.0 and must be available for occupation as stated in paragraph 4.0 in the SOW. A technical confidence rating will also be assigned to each proposal based on paragraph 3.2 below.

2.2 Factor 2: Past Performance (Evaluation Weight: 30%)

Submission Requirements:

The vendor should provide evidence/documentation of past performance that is comparable to the scope and duration of this contract requirement. The vendor is also encouraged to provide contact information for current or past tenants to verify the vendor’s customer service performance.

Evaluation Criteria/Methodology:

Evaluation of the proposal will be based on relevancy. A past performance confidence rating and a performance confidence assessment will be assigned to each proposal in accordance with paragraphs 3.3 and 3.4 below.

2.3 Factor 3: Cost/Price (Evaluation Weight: 20%)

Submission Requirements:

Proposals shall include all annual costs associated with the rental fee and shall include all fees and services as described in the SOW.

Evaluation Criteria/Methodology:

Evaluation of this factor will be based upon the completeness of the information as compared to the services requested in the SOW. Proposals meeting the requirements as set forth in the SOW will be rank ordered by cost;

least costly to most costly.

Section 3: Definitions

3.1 Adjectival Ratings

Adjectival Rating Definition Exceptional Quote/Offer contains no deficiencies and fully addresses all aspects of the criteria and demonstrates an excellent approach/solution and understanding of the requirements. Many strengths exist, far outweighing any weaknesses. The highest quality of contract performance is anticipated with very low risk.

Very Good Quote/Offer contains no deficiencies; fully addresses all aspects of the criteria and demonstrates a very effective approach/solution and understanding of the requirements. Some weaknesses may exist; however, the weaknesses, if any, are outweighed by strengths. A high quality of contract performance is anticipated with low risk.

Satisfactory Quote/Offer contains no deficiencies; addresses all aspects of the criteria and demonstrates an adequate approach/solution and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance. A quality contract performance is anticipated with an acceptable amount of risk.

Marginal Quote/Offer may contain deficiencies; fails to address all of the criteria and does not demonstrate an adequate approach/solution or understanding of the requirements. One or more weaknesses exist which are not offset by strengths.

Contract performance is anticipated with high risk.

Unsatisfactory Quote/Offer contains many deficiencies and does not address all aspects of the criteria and/or does not present evidence demonstrating an adequate approach/solution and understanding of the requirements. Many weaknesses and/or omissions exist creating an unacceptable risk.

3.2 Technical Confidence Rating

Confidence Rating Description

High Confidence (Low Risk)

The Government has high confidence the vendor understands the requirement, proposes a sound approach, and will be successful in performing the contract with little or no Government intervention.

Some Confidence (Moderate Risk)

The Government has some confidence the vendor understands the requirement, proposes a sound approach, and will be successful in performing the contract with some Government intervention.

3.3 Past Performance Confidence

3.4 Performance Confidence Assessment

3.5 Quote/Proposal Metrics

When identifying the merits of a quote/proposal the following three terms shall be utilized along with the definitions.

Low Confidence (High Risk)

The Government has low confidence the vendor understands the requirement, proposes a sound approach, or will be successful in performing the contract even with Government intervention.

Rating Description

Relevant Past/present performance effort involved much of the similarity, magnitude of effort and complexities this solicitation requires.

Somewhat Relevant

Past/present performance effort involved some of the similarity, magnitude of effort and complexities this solicitation requires.

Not Relevant

Past/present performance effort did not involve any of the similarity, magnitude of effort and complexities this solicitation required.

Rating Description

Substantial Confidence Based on the offeror’s performance record, the government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence Based on the offeror’s performance record, the government has an expectation that the offeror will successfully perform the required effort.

Limited Confidence Based on the offeror’s performance record, the government has a low expectation that the offeror will successfully perform the required effort.

No Confidence Based on the offeror’s performance record, the government has no expectation that the offeror will be able to successfully perform the required effort.

Unknown Confidence No performance record is identifiable, or the offeror’s performance record is so sparse that no confidence assessment rating can be reasonably assigned.

Narrative Element Definition Strength A significant, outstanding, or exceptionally positive aspect of a

Quote/Offer.

Weakness Any aspect of a Quote/Offer increasing the potential for problems and issues with regard to contract performance. The Quote/Offer provides a minimally acceptable response to the Government’s requirements. The response leaves the evaluator with uncertainty as to the understanding of the work, capability to successfully perform the work, or capability to effectively manage the work effort.

Deficiency A material failure of a Quote/Offer to meet a Government requirement or a combination of significant weaknesses in a Quote/Offer increasing the risk of unsuccessful contract performance to an unacceptable level.

Price:

The quoter shall provide pricing as requested on Page 1 above.

Qualification Requirements

Contractor must be registered with System for Award Management (SAM.gov) prior to providing a quote.

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

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 30 calendar days from the date specified for receipt of offers.

Questions Due Date Questions shall be submitted via email to Tina.Pettyjohn@usda.gov and david.mitchell@usda.gov are due no later than March 13th, 2026, at 11AM Eastern Time. This will ensure enough time to respond before the solicitation period ends. Please include the solicitation name and number as the subject line of the email. “Questions for 12444126Q0017 – Short-term Office Rental for the Long Cane Ranger District”

Quote Due Date Quotes are due no later than 11AM Eastern Time on March 24th, 2026 to both Tina.Pettyjohn@usda.gov and david.mitchell@usda.gov in order to be considered for award.

Please include the solicitation name and number as the subject line of the email. “Proposal for 12444126Q0017 – Short-term Office Rental for the Long Cane Ranger District” 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 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 mailto:Tina.Pettyjohn@usda.gov mailto:david.mitchell@usda.gov mailto:Tina.Pettyjohn@usda.gov mailto:david.mitchell@usda.gov

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 :

☒ 52.204-7 System for Award Management—Registration (Nov 2025)

☐ Alternate I (Nov 2025) to 52.204-7 ☒ 52.222-52 Exemption from Application of the Service Contract Labor Standards for Certain Services-Certification (Nov 2025)

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 mailto:SPE.inquiry@usda.gov 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.