Attachment D - Continuation of 1449.docx
DOCX document 76 KB Posted
- Attached to
- Skid Steer Cab Repair Federal contract opportunity
- Solicitation number
- 12444526Q0007
- Issued by
- Department of Agriculture Forest Service
About this file
This is the Solicitation Terms and Conditions document (Attachment D) for a Request for Quotation (RFQ) numbered 12444526Q0007 for Shawnee National Forest Skid Steer Cab Repair. The acquisition is set-aside for small business concerns with a size standard of $10 million under NAICS code 811198. The scope of work requires replacement of all cab, electrical, and cooling system components damaged from an incident, with testing to ensure all replacement parts function properly before pickup. The period of performance is 60 days after award. Offers must be submitted by email to lawrence.jackson@usda.gov by February 20, 2026, at 4:00 PM Eastern Time, with four separate attachments including price proposal, technical specifications, past performance information, and representations and certifications. Technical specifications must include a list of equipment and personnel. Questions regarding the solicitation are due by February 17, 2026, at 4:00 PM Eastern Time.
Award will be made to the offeror representing the best value based on lowest price technically acceptable criteria, with one award anticipated. Offerors must submit pricing for all items on the Schedule of Items and address how they will accomplish the requirements outlined in Sections 1 and 2 of the Statement of Work. Technical acceptability will be evaluated as either acceptable or unacceptable based on demonstrated capability to meet all requirements. Past performance will be rated as acceptable, neutral, or unacceptable. Invoices must be submitted in arrears via the Department of Treasury's Invoice Processing Platform (IPP) at https://www.ipp.gov/, with monthly partial payments authorized for performance periods exceeding 30 days. The solicitation incorporates numerous FAR and AGAR clauses including service contract labor standards, small business provisions, anti-discrimination and diversity compliance certifications, and telecommunications equipment prohibitions. Delivery information should be directed to Michael Hancock at michael.hancock@usda.gov or 618-253-1007 at the USDA Forest Service Mississippi Bluffs Ranger District in Jonesboro, Illinois.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| SF 1449 .pdf | ||
| Attachment A - Statement of Work.docx | DOCX document | |
| Attachment B - Schedule of Items.xlsx | XLSX spreadsheet | |
| Attachment C - Wage Determination.pdf |
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Text version
Attachment 1 - Solicitation Terms and Conditions Solicitation Number:
12444526Q0007 Shawnee National Forest Skid Steer Cab Repair Page 1
Attachment D – Continuation of 1449
Period of Performance
60 Days after Award
Contractor Invoices Invoices shall be submitted in arrears; no advance payments will be authorized. Unless otherwise noted, contractors shall submit invoices for payment as follows:
A. If the work performance period cited in the individual contract is 30 days or less, the contractor shall submit an invoice to the government at the end of the performance period. No partial payments are authorized.
B. If the work performance period cited in the individual contract is greater than 30 days partial payments may be authorized on a monthly basis and upon acceptance of the work.
https://www.ipp.gov/
C. Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors to establish an account in order to submit an invoice on this project.
Description - Shawnee National Forest Skid Steer Cab Repair
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 12444526Q0007 is issued as a Request for Quotation (RFQ) for Shawnee National Forest Skid Steer Cab Repair
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 811198 The small business size standard is $10 million This acquisition is an unrestricted requirement. All responsible sources may submit a quotation which will be considered by the agency.
Statement of Requirement
See Attachment B – Schedule of Items
Technical Data -
Technical data and supporting documentation associated with this solicitation are available through the following sources:
1. Solicitation Attachments The following documents are included as attachments to this solicitation and can be accessed via the “Attachments section of the posting.
· Attachment A – Statement of Work
· Attachment B – Schedule of Items
· Attachment C – Wage Determination
Delivery Information
Attn: Micheal Hancock, michael.hancock@usda.gov, 618-253-1007
USDA FOREST SERVICE
MISSISSIPPI BLUFFS RANGER DISTRICT
521 N MAIN STREET
JONESBORO IL 62952
Qualification Requirements
Offerors, or the product or service, are not required to meet a qualification requirement to be eligible for award.
Award Type
It is anticipated that a firm-fixed price will be awarded as a result of this synopsis/solicitation.
The Government intends to make one award from this solicitation. Therefore, to be considered responsive, contractors must submit pricing for all items.
Evaluation and Basis for Award
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.
Lowest Price Technically Acceptable for a Service Contract
Evaluation-Commercial Items
Price:
The offeror shall provide pricing as requested in the attached spreadsheet titled “Attachment A -Schedule of Items”. Total price evaluation will be for the base period, all option periods and in accordance with FAR 52.217-8, up to a six-month extension period. Failure to propose pricing for the base period and all option periods on individual line items may result in a quotation being excluded from further consideration. The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.
For purposes of evaluation, the potential need to exercise the option under FAR 52.217-8 to extend a period of performance for a maximum period of six (6) months beyond any period of performance will be considered the same for all offerors. The Government will consider that if the extension of service clause (FAR 52.217-8) is exercised, it will be on the exact same rates and terms, other than length of performance, as the period of performance being extended. For purposes of evaluation only, the Government will use the rates specified in the last option period and add the cost of six months to the prices proposed for the base period and all option periods to determine total evaluated price of the contract. The Government will determine whether the price, including the options available under FAR 52.217-8, is fair and reasonable.
Technical Acceptability:
Technical Acceptability will be evaluated to receive an overall rating of "acceptable" or "unacceptable." This will be based on the offeror's ability to provide a sound and compliant approach that meets all requirements and shows a thorough understanding of them. It is the contractor's responsibility to ensure their quotation clearly demonstrates their capability to meet these requirements. All offerors must provide the following minimum information and documentation with their quotations to be considered responsive and have their offers evaluated:
· Detailed explanation of the offeror’s ability to perform the required services. A simple statement of capabilities will not suffice. The offeror must address how they will accomplish the requirements of section 1and 2, of the Statement of Work.
· Detailed explanation of any requirement listed in the Statement of Work that cannot be successfully accomplished by the offeror. Offerors are advised that the USDA intends to award without discussions so any exceptions may cause the quotation to be found technically unacceptable.
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.
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 | |
| ☐ 52.203-13 | 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
The Contractor shall comply with the following FAR Clauses for Commercial Services.
| ☒ 52.222-41 | Service Contract Labor Standards (Aug 2018) |
| ☒ 52.222-42 | Statement of Equivalent Rates for Federal Hires (May 2014) |
This Statement is for Information Only:
It is not a Wage Determination
| Employee Class |
| Monetary Wage -- Fringe Benefits |
| Labor Rate |
| WG-2 / $23.56 w/Fringe Benefits |
| ☐ 52.222-43 | Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) |
| ☐ 52.222-44 | Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) |
| ☐ 52.222-51 | Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) |
| ☐ 52.222-53 | Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (Nov 2025) |
Other Applicable Clauses
| 52.204-27 | Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328). | |
| 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. | ||
| 52.225-13 | Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). | |
| 52.222-55 | Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). |
AGAR Clauses
452.222-71 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)
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)
Addenda to Provision FAR 52.212-1 paragraph (b) Submission of Offers:
1) Offerors must have an active entity registration in the System for Award Management to submit an offer. https://www.sam.gov/SAM/
2) Offers submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.
a) Price Proposal – Include the following: 1) the completed Schedule of Items, Attachment A of this solicitation. 2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment.
b) Technical Specifications – Provide a list of equipment and personnel
c) Past Performance – Provide previous work - 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.
d) Representations and Certifications - Fill in the check boxes for provisions FAR 52.204-26, FAR 52.204-24(if applicable), FAR 52.209-7,, FAR 52.212-3, and AGAR 452.211-71 found in Section x of this solicitation and include a copy with your offer.
3) Submit offer by email to lawrence.jackson@usda.gov so that it is delivered into this inbox by 20 February 2026, 4:00pm eastern. Emails should contain 4 separate attachments (Price Proposal, Technical Specifications, Past Performance and Representations and Certifications) in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer from lawrence.jackson@usda.gov.
4) Address questions about this solicitation to Lawrence Jackson at lawrence.jackson@usda.gov and are due by 17 February 2026, 4:00pm eastern. This will ensure enough time to respond before the solicitation period ends. Please include the solicitation name and number as the subject line of the email.
| 52.203-18 | Prohibition on Contracting with Entities that Require Certain Internal Confidentiality | Agreements or Statements-Representation (Jan 2017) |
| 52.240-90 | Security Prohibitions and Exclusions Representations and Certifications (Nov 2025) |
The following provisions are applicable if checked:
| ☐ 52.203-11 | Certification and Disclosure Regarding Payments to Influence Certain Federal | Transactions (Sep 2024) |
| ☒ 52.204-7 | System for Award Management—Registration (Nov 2025) |
☐ Alternate I (Nov 2025) to 52.204-7
| ☐ 52.204-90 | Offeror Identification (Nov 2025) | |||
| ☐ 52.207-6 | Solicitation of Offers from Small Business Concerns and Small Business Teaming | Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024) | ||
| ☐ 52.209-12 | Certification Regarding Tax Matters (Oct 2025) | |||
| ☐ 52.219-2 | Equal Low Bids (Nov 2025) | |||
| ☐ 52.222-18 | Certification Regarding Knowledge of Child Labor for Listed End Products (Feb | 2021) | ||
| ☐ 52.222-48 | Exemption from Application of the Service Contract Labor Standards for | Maintenance, Calibration, or Repair of Certain Equipment–Certification (Nov 2025) | ||
| ☐ 52.222-52 | Exemption from Application of the Service Contract Labor Standards for Certain | Services-Certification (Nov 2025) | ||
| ☐ 52.222-56 | Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020) | |||
| ☐ 52.223-4 | Recovered Material Certification (May 2008) | |||
| ☐ 52.225-2 | Buy American Certificate (Oct 2022) | |||
| ☐ 52.225-4 | Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Nov 2025) | |||
| ☐ 52.225-6 | Trade Agreements-Certificate (Feb 2021) | |||
| ☐ 52.226-3 | Disaster or Emergency Area Representation (Nov 2007) | |||
| ☐ 52.229-11 | Tax on Certain Foreign Procurements—Notice and Representation (Jul 2025) |
Other Applicable FAR Provisions
| 52.217-5 | Evaluation of Options (Nov 2025) |
| 52.225-18 | Place of Manufacture (Aug 2018) |
| 52.237-1 | Site Visits (Apr 1984) |
52.237-1 Site Visit (APR 1984) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
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.
REPRESENTATIONS & CERTIFICATIONS
(CONTRACTOR TO COMPLETE AND RETURN WITH OFFER/QUOTE
VENDOR NAME:__________________________________________________
VENDOR UEI:___________________________________________________
COMPLETE THE YELLOW HIGHLIGHTED INFORMATION AND SUBMIT A COPY WITH YOUR OFFER. SEE INSTRUCTIONS IN SECTION E, PROVISION 52.212-1.
FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. (End of provision)
FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at FAR 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at FAR 52.204-26, or in paragraph (v)(2)(ii) of the provision at FAR 52.212-3.
(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that—
(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision) FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2024) [If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.
If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:] (b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. Write “None” if there are no changes needed to your online reps and certs.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (End of provision)
File details come from the government source that posted it. Updated .