Attachment 1 Solicitation Terms Conditions 12639526Q0011.docx
DOCX document 66 KB Posted
- Attached to
- Dichlorvos (2, 2-dichlorovinyl dimethyl phosphate, DDVP) Insecticidal Pesticide Strips – Large (ID138)
- Solicitation number
- 12639526Q0011
About this file
This is a Solicitation Terms and Conditions document for a Request for Quotation (RFQ) issued by the Department of Agriculture Animal and Plant Health Inspection Service for dichlorvos (DDVP) insecticidal pest strips. The solicitation number is 12639526Q0011 and is set-aside exclusively for small business concerns, with a size standard threshold of 1,150 employees.
The required product is laminate pest strips measuring 1 inch (25 mm) wide by 4 inches (100 mm) long by 2 mm thick, containing vapona (DDVP) at 10 percent by weight (approximately 0.6 grams per strip), with EPA registration number 8730-50. Each unit consists of 25 individually packaged strips sealed in a larger foil packet. The strips are essential for the USDA's spongy moth management program, specifically as components in pheromone-baited milk carton style traps used for surveying and monitoring pest populations. DDVP is an organophosphate insecticide that functions by inhibiting acetylcholinesterase in insect nervous systems. Vendors must submit quotations using the provided Pricing Schedule (Attachment 2) along with supporting documentation. The work statement requires contractors to furnish all materials, equipment, supplies, labor, and transportation necessary for fulfillment, with any additional work necessary for contract completion performed at no additional cost to the Government. The applicable industry classification is 325320 (Pesticide and Other Agricultural Chemical Manufacturing).
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Attachment 1 - Solicitation Terms and Conditions Solicitation Number:
Large DDVP pest strips (ID 138) Solicitation Number 12639526Q0011
Description
Large DDVP pest strips (ID 138). Pest strip products containing the ingredient dichlorvos (also called 2,2-dichlorovinyl demethyl phosphate or DDVP) (ID 138). DDVP strips are a Laminate strip, 1" (25 mm) wide x 4'' (100 mm) long by 2 mm thick, these strips contain vapona (DDVP) 10% by weight (ca 0.6 g). These strips are individually packaged with 25 individual packages sealed in a larger foil packet. EPA registration number 8730-50.
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 12639526Q0011 is issued as a Request for Quotation (RFQ) for (ID 138) Large DDVP pest strips 1” x 4”; EPA registration number 8730-50.
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: 325320 Pesticide and Other Agricultural Chemical Manufacturing. The small business size standard is 1,150 employees. 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 See Attachment 2 document “Pricing Schedule” where vendors will input their pricing information and use this document to present their pricing information along with RFQ Package and any other documentation.
Technical Data
The requested product is needed to equip program personnel to detect and monitor many existing and potential exotic pest infestations. Without these pest strips, defining infestations might not be possible and the ultimate cost to the USDA and cooperators of an eradication program could exceed millions of dollars should these not be available.
Product Specifications
Pest strip products containing the ingredient dichlorvos (also called 2,2-dichlorovinyl demethyl phosphate or DDVP) (ID 138).
DDVP strips are a Laminate strip, 1" (25 mm) wide x 4'' (100 mm) long by 2 mm thick, these strips contain vapona (DDVP) 10% by weight (ca 0.6 g). These strips are individually packaged with 25 individual packages sealed in a larger foil packet.
The work to be performed under this contract consists of furnishing all materials, equipment, supplies, labor and transportation as required by the Pricing Schedule of the contract, and in accordance with these specifications. All work materials and services not expressly called for in this performance work statement but are necessary for completion of the contract requirements shall be performed and furnished by the Contractor at no additional cost to the Government.
Project Background
The USDA uses dichlorvos (also called 2,2-dichlorovinyl demethyl phosphate or DDVP) (ID 138) in its program to manage the spongy moth. The primary use of DDVP is as a component in the pheromone baited milk carton style traps that are used primarily for surveying and monitoring spongy moth populations.
DDVP is an organophosphate insecticide that acts by inhibiting acetylcholinesterase, an enzyme that is very important in the nervous system of all vertebrates and many invertebrates including all arthropods. Thus, DDVP is not specific to the spongy moth or other insects. In USDA programs for the control of the spongy moth, DDVP is used only in a 1" x 4”-inch polyvinyl chloride (PVC) strip that contains 590 mg of DDVP. These strips are used to kill insects that are attracted to and enter milk carton style traps baited with the spongy moth pheromone. Typically milk carton traps are deployed in widely spaced grids (inter-trap distances ranging from 500 m to 7 km) to survey for the presence of spongy moth populations in the Slow the Spread (STS) or eradication areas. Only rarely are milk carton traps deployed in mass trapping grids to control isolated infestations. When used in mass trapping control efforts, milk carton traps are deployed in tightly spaced grids (inter-trap distance of 20 to 30 meters). Mass trapping is a rarely used eradication tactic that targets low-density infestations (<10 egg masses per acre) occupying relatively small areas (<100 acres).
Spongy Moth
Spongy moth (SM, including Lymantria dispar asiatica, Lymantria dispar japonica, Lymantria albescens, Lymantria umbrosa, Lymantria postalba) are exotic pests not known to occur in the United States (U.S). Although in many ways similar to the European spongy moth subspecies, SM larvae have been known to feed collectively on over 500 plant species, covering over 100 botanical families. In addition, female SM are active flyers that can be capable, in some cases, of flying up to 25 miles (40 km). This broad range of possible host plants combined with the female’s ability to fly could allow SM to spread rapidly into and through uninfested areas. Large infestations of SM can completely defoliate trees, weakening the trees and leaving them more susceptible to disease. If defoliation is repeated for two or more years, it can lead to the death of large sections of forests, orchards and landscaping. An introduction into the U.S. would pose a major threat to the landscape of the North American continent.
European Spongy Moth
European spongy moth is a significant nonnative forest pest in the U.S. The goals of APHIS Plant Protection and Quarantine (PPQ) are to define the extent of the spongy moth infestation, to eradicate isolate populations, and to limit the artificial spread of spongy moth beyond the infested area through quarantines and an active regulatory program. PPQ’s spongy moth program regulates movement of spongy moth host material from spongy moth infested areas to other areas of the U.S. This program is an effective Federal-State partnership that prevents the establishment of spongy moth in areas of the U.S. that are not contiguous to current regulated States and counties.
Scope of Work The requested product is needed to equip program personnel to detect and monitor many existing and potential exotic pest infestations. Without these pest strips, defining infestations might not be possible and the ultimate cost to the USDA and cooperators of an eradication program could exceed millions of dollars should these not be available.
Contract End Items APHIS will receive functional DDVP pest strips.
Sampling Testing of Traps
Effectiveness It is important that USDA APHIS maintain a quality assurance (QA) program. To that end, USDA APHIS reserves the right to conduct QA testing. The USDA APHIS may perform QA testing addressing the following areas:
References:
https://www.fs.usda.gov/foresthealth/pesticide/pdfs/DDVP_RA.pdf
Packaging and Labeling
The following conditions must be met for the requested products’ packaging must meet EPA requirements for shipping and storage.
Packaging must be adequate to reach the delivery destination fully intact and without damage.
Note: Improper or inadequate packaging may lead to damage during shipping, replacement of damaged products will be requested at the vendor's expense.
· The main packing must be in cardboard boxes.
· Use of sturdy boxes, made of corrugated cardboard, designed to withstand the rigors of shipping and handling, to protect the contents from damage caused by impacts, vibrations, and other stresses during transit.
· Empty space inside boxes will be filled with packing peanuts, crinkle paper, airbags, or similar materials to prevent the items from shifting and getting damaged.
· Boxes must be of sufficient strength to allow stacking of cartons to a height of 56 inches without collapsing cartons at the bottom of the stack.
· For fragile materials, affix "Fragile" labels to the outside of the package.
· All goods must be packed in boxes not exceeding 20 pounds in weight.
· Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.
· All boxing must meet EPA requirements.
· Items will be sub-packed in tear-free plastic bags, with each bag holding a standard count of 25 units each bag.
· Each bag must have a sticker affixed that clearly and legibly displays the following information:
· Manufacturers name:
· Contract Number:
· Name of the product: i.e. Dichlorvos (2,2-dichlorovinyl dimethyl phosphate, DDVP) Insecticidal Strips Large
· Number of units per box and per pack
· Lot or batch number
· Date of manufacture (DOM)
· Date of expiration (DOE)
· (if applicable, alternatively manufacturer analysis timeline, i.e. analysis recommended 2 years from DOM)
· DO NOT CRUSH
· Overpack (up to 20 lbs) will include the following printed information
· Manufacturer :
· Name of the product: Dichlorvos (2,2-dichlorovinyl dimethyl phosphate, DDVP) Insecticidal Strips Large
· Batch/Lot Number :
· Date of Manufacture :
· Expiration date :
· Quantity per box :
· Pallets may not exceed a height of 56” in total height.
· Insecticidal Strips shall be paked by manufacturer in a sealed, airtight; moisture-proof package made of a flexible material (non-transparent, Mylar bags).
· Packaging must be impregnable to other chemicals.
· Packaging must prohibit the leaching insecticide to ensure extended storages in extreme conditions (90°F plus)
· Each shipment will contain a valid Material Safety Data Sheet (MSDS).
· Each shipment will include a packing slip showing the following:
· Manufacturer :
· Batch/Lot Number:
· Date of Manufacture:
· Date of Expiration:
· Quantity Ordered:
· Quantity Shipped:
· Contract/Order Number:
· Order/Requisition Number:
Quantity and Delivery Schedule Material shall be packed for shipment in such a manner that shall insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification rules, or regulations of other carriers as applicable to the mode of transportation. Shipping with be FOB Destination – Prepaid and included.
Delivery Orders Funds will be obligated by delivery orders when the Large DDVP Pesticide Strips 1” x 4”; EPA registration number 8730-50 is needed.
All items must include delivery to anywhere in the continental United States. Shipping costs on orders outside of the continental U.S. will be negotiated at that time. The point of contact on-site for delivery will be specified on each delivery order.
Delivery order prices will be in accordance with the fixed rate established in the corresponding Pricing Schedule. Orders may be issued by a warranted contracting officer.
Delivery Information Delivery Address (FOB Destination):
USDA APHIS PPQ
22675 N. Moorefield Road Warehouse Building # 6420 Moore Air Base Edinburg, TX 78541 Attention: Gabriel Lopez 956-205-7608
Deliveries shall be made Monday through Friday between 7:00 a.m. and 3:30 p.m. Closed on Federal Holidays.
Shipping
Material shall be packed for shipment in such a manner that shall insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification rules, or regulations of other carriers as applicable to the mode of transportation.
Invoicing Please show delivery order number on all invoices.
Payment is 30 days after receipt of a proper invoice, in accordance with the Prompt Payment Act (31 U.S.C. 3903).
Please see https://www.ipp.gov/vendors/enrollment-vendors.htm and submit invoices through the Invoice Processing Platform (IPP). Enroll at https://www.ipp.gov/.
The Contractor shall submit an original invoice (or electronic invoice, if authorized,) to the address designated in the contract to receive invoices (https://www.ipp.gov).
A proper invoice must include the following:
(1) Name and address of the Contractor
(2) Invoice date; Invoice number;
(3) Contract number, contract line-item number and, if applicable, the order number;
(4) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(5) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(6) Name, title, and phone number of person to notify in event of defective invoice; and
USDA is a tax-exempt agency: Tax ID Number: 41-0696271. Tax Exempt # 4700.
The Government reserves the right to reject an invoice that does not include the information above.
Contract Administration
The government will accept the supplies which conform in all respects with standard commercial requirements, including specifications, drawings, preservation, packaging, marking requirements, and physical item identification (part number), and are in the quantity shown on delivery order.
Inspection and acceptance are in accordance with FAR 52.212-4 (a) (1) & (2) Contract Terms and Conditions - Commercial Items.
The COR is responsible for monitoring the performance of work under this Purchase Order and is the local Government contact. In no event, however, will any understanding, agreement, modification, or other matter deviating from the terms of the IDIQ be effective or binding upon the Government unless a modification to the Purchase Order is issued by the Contracting Officer prior to performing the work.
The COR shall inform the contracting Officer as soon as possible of any understandings, tentative agreements, recommended modifications, and actions or inactions of the Contractor or the Government which could affect the Contractor’s ability to comply with the contract performance requirements or completion times.
Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the Purchase Order, the Contractor shall advise the COR and the Contracting Officer. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately.
PROCEEDING WITH WORK WITHOUT PROPER CONTRACTUAL COVERAGE AND APPROVAL OF THE CO COULD RESULT IN A BREACH OF CONTRACT AND NONPAYMENT.
The designation (delegation of authority) is provided in writing to the COR and is available to the Contractor. The delegation of authority clearly explains the COR’s roles and responsibilities on the contract and limitations of authority.
The COR does not have the authority to modify the terms and conditions of the contract.
The following contacts are the only people authorized to interact with the contractor on this contract:
Moore Air Base Warehouse Point of Contact:
Gabriel Lopez Supervisory Facility Operations Business: 956-205-7608 Office: 956-207-9594 Gabriel.Lopez@usda.gov
The USDA designated Contracting Officer’s Representative (COR) to coordinate the work to be completed under this contract is:
Waleska Ramierz 575-202-0381 waleska.v.ramirez@usda.gov.
Contracting Officer Bob Zeglin USDA APHIS MRPBS AAMD Contracting Office: 612-396-3895 Robert.J.Zeglin@usda.gov.
Contracting Specialist Jeanine Goral USDA APHIS MRPBS AAMD Contracting Office: 612-979-5995 Jeanine.J.Goral@usda.gov.
The Contracting Officer per FAR 1.062-1 is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions or other stipulations of this contract. Any other commitment, either explicit or implied, is invalid. The CO is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) obligate or deobligate funds into the contract; or (6) otherwise change any terms and conditions of this contract. No information, other than that which may be contained in an authorized modification to this contract duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.
Federal Acquisition Regulation (FAR) and United States Department of Aquiculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions. Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.
As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
| 52.212-4 | Terms and Conditions—Commercial Products and Commercial Services (Nov 2025) | ||
| ☐ Alternate I (Nov 2025) of 52.212-4 | |||
| 52.203-17 | Contractor Employee Whistleblower Rights (Nov 2023) | ||
| 52.203-19 | Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements | (Jan 2017) | |
| 52.222-50 | Combating Trafficking in Persons (Nov 2025) |
☐ Alternate I (Nov 2025) of 52.222-50
| 52.226-8 | Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) |
| 52.232-40 | Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) |
| 52.233-3 | Protest After Award (Sep 2025) |
| 52.233-4 | Applicable Law for Breach of Contract Claim (Sep 2025) |
| 52.240-91 | Security Prohibitions and Exclusions (Nov 2025) |
☐ Alternate I (Nov 2025) of 52.240-91 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)
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 | |
| ☒ 52.204-13 | 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) | ||
| ☒ 52.219-6 | Notice of Total Small Business Aside (Nov 2025) | ||
| ☒ 52.219-8 | Utilization of Small Business Concerns (Nov 2025) | ||
| ☒ 52.219-14 | Limitations on Subcontracting (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) | ||
| ☒ 52.222-36 | Equal Opportunity for Workers with Disabilities (Nov 2025) | ||
| ☒ 52.222-37 | Employment Reports on Veterans (Nov 2025) | ||
| ☒ 52.222-40 | Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) | ||
| ☒ 52.223-11 | Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons | (Nov 2025) | |
| ☒ 52.225-1 | Buy American-Supplies (Nov 2025) | ||
| ☒ 52.232-33 | Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) | ||
| ☒ 52.240-93 | Basic Safeguarding of Covered Contractor Information Systems (No 2025) |
Other Applicable Clauses
52.216-18 Ordering Aug 2020
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Contract Award Date through Contract end date.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of clause)
52.216-19 Delivery – Order Limitations Oct 1995
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 package, the Government is not obligated to purchase, nor is the Contractor obligated to furnish those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of 1,000,000.00;
(2) Any order for a combination of items in excess of 1,000,000.00; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 business days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
52.216-22 Indefinite Quantity Nov 2025
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after 5 years from the date the contract is awarded.
| 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. |
52-219-28 Postaward Small Business Program Rerepresentation
52.247-34 F.O.B. Destination (Jan 1991)
52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)
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:
It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.
Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution, and the Contractor and any subcontractor or teaming partner will not do so for the duration of the contract.
(b) If the Contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the Contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.
(c) The Contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the Contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.
(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.
(e) Submission of a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contract may subject the Contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.
(f) The Contractor must include the provisions of this clause in all subcontract solicitations.
(g) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.
(End of Clause)
452.204–70 Modification for Contract Closeout (Nov 2025)
(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The Contracting Officer shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The Contracting Officer may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 60 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and a ‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 120 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
(End of Clause)
Solicitation Information
Award Type
The United States Department of Agriculture (USDA), Animal Plant Health Inspection Services (APHIS) Plant Protection Quarantine (PPQ) anticipates a firm-fixed price Indefinite Delivery Indefinite Quantity (IDIQ) supply requirements contract consisting of one (1) one-year base period and four (4) one-year ordering periods not to exceed $1,000,000.00 for (ID 138) Large DDVP Pesticide Strips 1” x 4”; EPA registration number 8730-50 limited to the USDA APHIS Plant Protection Quarantine (PPQ) Services Program located at 22675 N. Moorefield Rd., Edinburg, TX, 78541. 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.
Please refer to Attachment 2 Pricing Schedule for guidance on completing and submitting your pricing proposal.
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.
What will be considered:
Relevant Experience - The Government will consider the extent to which the vendor demonstrates experience performing work similar in scope, size, and complexity to the requirements of this solicitation. Greater consideration will be given to vendors whose experience reflects a strong alignment with the Government’s needs.
Past Performance - Offerors shall provide completed Past Performance Information with three (3) relevant contracts (references) completed within the preceding five (5) year period. If an offeror has no relevant past performance history, the offeror must affirmatively state that it possesses no relevant past performance history.
The Government will evaluate the offeror’s past performance to assess the degree of confidence that the offeror will successfully perform the required effort. The evaluation will consider recency, relevancy, and quality of past performance.
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 attached spreadsheet titled “Pricing Schedule”. Any quantity price discounts and discounts for prompt payment should be included in this section. Total price evaluation will be for all ordering periods. The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.
Evaluation Method:
The Government intends to evaluate quotations using a comparative evaluation methodology. This means quotations will be compared against one another to determine which provides the best value to the Government, based on the evaluation factors outlined in this solicitation.
The Government may consider quotations that exceed minimum requirements and offer additional value or benefits, even if they are not the lowest priced. However, formal tradeoff procedures will not be conducted.
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.
When a delivery is made it must be delivered within xx days of receiving the Delivery Order. Early deliveries will be accepted.
Shipping Instructions:
Items shall be shipped to the following address:
Delivery Address (FOB Destination):
USDA APHIS PPQ
22675 N. Moorefield Road Warehouse Building # 6420 Moore Air Base Edinburg, TX 78541 Attention: Gabriel Lopez 956-205-7608
Deliveries shall be made Monday through Friday between 7:00 a.m. and 3:30 p.m. Closed on Federal Holidays.
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:
Quoters must submit all documentation in the form of a PDF, as this can be singular or multiple PDFs.
Quoters must submit Pricing in the Pricing Schedule attachment provided
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 Jeanine.J.Goral@usda.gov. and are due no later than March 20, 2026. 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.
***This combined synopsis/solicitation will close, and all quotes are due on March 27, 2026 at 11:00 am Central Time. Late submission will not be accepted.***
***When submitting quotes, please include the solicitation name and number as the subject line of the email. Government reserves the right to not utilize submission without Solicitation name and Number as the subject line of the email.****
| 52.203-18 | Prohibition on Contracting with Entities that Require Certain Internal Confidentiality | Agreements or Statements-Representation (Jan 2017) |
| 52.240-90 | Security Prohibitions and Exclusions Representations and Certifications (Nov 2025) |
The following provisions are applicable if checked:
| ☒ 52.203-11 | Certification and Disclosure Regarding Payments to Influence Certain Federal | Transactions (Sep 2024) |
| ☒ 52.204-7 | System for Award Management—Registration (Nov 2025) |
☐ Alternate I (Nov 2025) to 52.204-7
| ☒ 52.222-18 | Certification Regarding Knowledge of Child Labor for Listed End Products (Feb 2021) |
| ☒ 52.223-4 | Recovered Material Certification (May 2008) |
| ☒ 52.225-2 | Buy American Certificate (Oct 2022) |
Other Applicable FAR Provisions
| 52.217-5 | Evaluation of Options (Nov 2025) |
| 52.225-18 | Place of Manufacture (Aug 2018) |
| 52.233-2 | Service of Protest (Sep 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:
It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution.
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.
File details come from the government source that posted it. Updated .