C04_00 solicitation template_12444026Q0127.pdf
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- Attached to
- Equipment Attachments Purchase Federal contract opportunity
- Solicitation number
- 12444026Q0127
- Issued by
- Department of Agriculture Forest Service
About this file
This is a Request for Quote (RFQ) for equipment attachments for the Blue Ridge Ranger District in Georgia, issued by the USDA Forest Service.
The solicitation seeks three equipment attachments with delivery required by September 15, 2026, and a performance period from September 15 to September 30, 2026. The three required items are: (1) a hydraulic root grapple compatible with a Caterpillar 285XE Compact Track Loader (Land Pride RG3080 or similar, 80" width with 2 upper grapples and universal quick hitch); (2) a hydraulic breaker compatible with a Kubota KX030-4 Mini-Excavator (BR3504 or similar with 13.1 GPM flow requirement and Land Pride mounting bracket); and (3) a side-mounted mulcher with hydraulic adjustability compatible with a Kubota M5-111 Tractor (Maschio Giraffa L190 or similar, 6-foot working width, standard 540 RPM PTO, flail rotary type, and 3-point hitch Category II compatible). All parts must be new and approved, with alternate parts permitted if they satisfy form, fit, and function requirements. Contractors must provide a Certificate of Conformance with traceability to the manufacturer and demonstrate authorization as an OEM or authorized distributor. The solicitation number is 12444026Q0127, with an offer due date of July 16, 2026, at 9:00 AM ET. This is a small business set-aside (100% unrestricted) with NAICS code 333112 and a size standard of 1,500 employees. Delivery is requested F.O.B. Origin with estimated shipping costs included, and all items ship to 3876 Young Harris Highway, Blairsville, Georgia 30512. Evaluation will be based on technical approach (ability to meet schedule and requirements), price (fairness and reasonableness), and past performance (acceptable, neutral, or unacceptable rating). The Government intends to make one award and requires pricing for all items for responsiveness. Questions must be submitted by November 15, 2025, at 12:00 PM Pacific Time. Offerors must hold prices firm for 90 calendar days from the offer receipt date. The solicitation incorporates FAR clauses including Buy American requirements (52.225-1 and 52.225-3), Certificate of Conformance (52.246-15), payment by electronic funds transfer, and various USDA-specific clauses including anti-discrimination and DEI compliance certifications. The contracting officer is Stephanie Laruffa, and the technical point of contact is Jonathan Key (jonathan.key@usda.gov, 706-745-6928).
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
ATLANTA GA 30309-2449
STE 876S
1720 PEACHTREE ST NW
USDA-FS CSA EAST 2
CODE 16. ADMINISTERED BYCODE
X
X
X
333112
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR4440
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
07/16/2026 0900 ET
07/01/2026
(928)913-9283RICHARD KANDRACH
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
12444026Q0127
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 2 1173786OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
BLAIRSVILLE GA 30512
2042 GA-515
BLAIRSVILLE RANGER DISTRICT
USDA FOREST SERVICE
15. DELIVER TO
ATLANTA GA 30309-2449
STE 876S
1720 PEACHTREE ST NW
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
1,500
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
USDA-FS CSA EAST 2
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Equipment Attachments Purchase for the Blue Ridge Ranger District, GA Delivery: 09/15/2026 Period of Performance: 09/15/2026 to 09/30/2026
0001 Equipment Attachments Purchase for the Blue Ridge 1 EA Ranger District, GA
Points of Contact Tech POC / Contracting Officer Representative:
jonathan.key@usda.gov 706-745-6928
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
STEPHANIE LARUFFA
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
Working Copy
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
RichardKandrach Highlight
RichardKandrach Highlight
RichardKandrach Highlight
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Contracting Specialist: richard.kandrach@usda.gov
Contracting Officer: stephanie.laruffa@usda.gov
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
2 2 of
Equipment Purchase for the Blue Ridge Ranger District, GA Solicitation Number 12444026Q0127
Submitting Vendor Key Information “to be completed by vendor submitting Offer”
VENDOR NAME EMAIL & PHONE SAM.GOV UEI #
Statement of Requirement
Technical Specifications Project Blue Ridge Ranger District Equipment Attachment Purchase General Information Scope of Work The contract shall provide equipment attachments that meet the specifications described in the technical requirements section of this document. There are three equipment attachments, each for a separate piece of equipment.
Contractor Requirements Technical Requirements / Tasks The contractor shall provide attachments that meet the following specifications.
1. Hydraulic Root Grapple o Compatible with equipment: Caterpillar 285XE Compact Track Loader o Land Pride RG3080 or similar o Width: 80” o Number of Upper Grapples: 2 o Hitch Type: Universal Quick Hitch o Hose Couplers: (1) - 1 1/16" FORB male and (1) - 1 1/16" FORB female flat faced couplers o Hose Shields: 1/4 (6) Welded housing with 1/4 (6) removable cover o Cylinder Shields: 5/16 (8) Formed channels
2. Hydraulic Breaker o Compatible with equipment: Kubota KX030-4 Mini-Excavator o Model: BR3504 or similar o Equipment Maximum Auxiliary Oil Flow is 13.1 GPM. Flow requirement of breaker must range + and – the equipment maximum flow of 13.1 GPM.
o Mounting Bracket: Land Pride 317-346a or similar mountable for a KX030-4 o Hose Kit: BR04 HOSE KIT KX030/033/U35 or Land Pride 317-478A
3. Side Mounted Mulcher with Hydraulic adjustability o Compatible with equipment: Kubota Tractor M5-111 o Model: Maschio Giraffa L190 or similar o Working width: 6 feet o Offset must hydraulicly adjust mulcher from rear to side of driven path o Mulcher must hydraulicly rotate from a range of +90° to -65° o PTO Compatibility: Standard 540 RPM o Rotary Type: Flail o Hitch Type: 3 Point Hitch Category II compatible o General adjustability:
Schedule of Items -
CLIN Description Estimated Quantity
Unit of Issue
Unit Cost Total
0001 Root Grapple for 285XE Track Loader (see specifications page)
1 EA $ $
0002 Breaker with attachment hardware and hose assembly for KX030-4 Mini Excavator (see specifications page)
1 EA $ $
0003 Off-set flail mulcher for M5-111 Tractor (see specifications page)
1 EA $ $
0004 Delivery to: 3876 Young Harris Hwy, Blairsville GA 30512
1 EA $ $
TOTAL $
The contractor shall furnish a Certificate of Conformance (COC) in accordance with Federal Acquisition Regulation (FAR) clause 52.246-15. COC must be submitted in the format specified in the clause. Offerors must be able to provide necessary certification including traceability to the manufacturer, manufacturer's COC, and its own certificate of conformance. Prospective vendors who are not the OEM or an authorized distributor must provide traceability for the offered product back to the manufacturer or authorized distributor.
Concerns having the expertise and required capabilities to provide these items are invited to submit offers in accordance with the requirements stipulated in this solicitation. Alternate Parts will be authorized if they are an approved alternate part that satisfies all form, fit, and function requirements of the original parts and conform to the approved configuration. All parts shall be NEW approved parts.
Technical Data -see attached
1. Solicitation Attachments
The following documents are included as attachments to this solicitation and can be accessed via the “Attachments/Links” section of the posting.
• Attachment 00 – Solicitation Template “this form”
• Attachment 01 – Statement of Work (SOW)
Federal Acquisition Regulation (FAR) and United States Department of Agriculture 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) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 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 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 Taber, Crystal - OCP, NV When expecting to award a time-and-materials or labor-hour contract or when expecting that orders will include time-and-material line items.
Taber, Crystal - OCP, NV When the contract will be performed outside the United States and the contracting officer has been notified of specific U.S. directives or notices regarding combating trafficking in persons (such as general orders or military listings of “off-limits” local establishments) that apply to contractor employees at the contract place of performance.
Taber, Crystal - OCP, NV Insert the clause with its Alternate I in-
(1) Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts; and
(2) Where the program office or the requiring activity instructs the contracting officer to select specific types of FASCSA orders.
Taber, Crystal - OCP, NV Solicitations and contracts exceeding the simplified acquisition threshold. For the acquisition of commercial products or commercial services, the contracting officer must use the clause with its Alternate I.
☐ 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 ☒ 52.222-41 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 Aircraft Mechanic $XX.XX
☐ 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)
Taber, Crystal - OCP, NV Solicitations and contracts if the value of the contract is expected to exceed $7.5 million and the performance period is 120 days or more.
Taber, Crystal - OCP, NV Solicitations and contracts when contract performance require contractors to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.
Taber, Crystal - OCP, NV When offerors are required to be registered in SAM.
Taber, Crystal - OCP, NV When offerors are not required to be registered in SAM.
Taber, Crystal - OCP, NV Solicitations and contracts where the contract value exceeds $45,000.
Taber, Crystal - OCP, NV
(1) In solicitations where the resultant contract value is expected to exceed $750,000; and
(2) In contracts in which the offeror checked “has” in paragraph (b) of the provision at 52.209-7.
Taber, Crystal - OCP, NV Each solicitation and contract for the acquisition of products or services (including construction).
Taber, Crystal - OCP, NV Solicitations for acquisitions conducted using full and open competition.
Taber, Crystal - OCP, NV Solicitations involving total small business set-asides.
Taber, Crystal - OCP, NV When including FPI in the competition in accordance with 19.104-1(d).
Taber, Crystal - OCP, NV Solicitations and contracts when the contract amount is expected to exceed the simplified acquisition threshold unless—
(i) A personal services contract is considered (see 37.104); or
(ii) The contract, together with all of its subcontracts, will be performed entirely outside of the United States and its outlying areas.
Taber, Crystal - OCP, NV Solicitations and contracts that offer subcontracting possibilities are expected to exceed $900,000 ($2 million for construction of any public facility), and are required to include the clause at 52.219-8, unless the acquisition is set aside or is to be accomplished under the 8(a) program.
Taber, Crystal - OCP, NV The contract action will not be reported in the Federal Procurement Data System pursuant to part 4.
Taber, Crystal - OCP, NV The contracting officer must require the contractor to submit a subcontracting plan for the contract if—
(i) A contract modification causes the value of a contract without a subcontracting plan to exceed the subcontracting plan threshold (see 19.109(a)); and
(ii) The contracting officer determines that subcontracting opportunities exist.
Taber, Crystal - OCP, NV Solicitations and contracts—
(1) For supplies, services, and construction, if any portion of the requirement is to be set aside for small business and the contract amount is expected to exceed the simplified acquisition threshold, and in any solicitations and contracts that are set aside or awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108, regardless of dollar value. This includes multiple-award contracts when orders may be set aside for small business concerns, as described in subpart 8.4 and subpart 16.5. For contracts that are set aside, the contracting officer must indicate in paragraph (f) of the clause whether compliance with the limitations on subcontracting is required at the contract or order level;
(2) Using the HUBZone price evaluation preference (see 19.110). However, if the prospective contractor waived the use of the preference, or is an other than small business, do not insert the clause in the resultant contract.
Taber, Crystal - OCP, NV In contracts containing the clause at 52.219-9, Small Business Subcontracting Plan, with its Alternate IV.
Taber, Crystal - OCP, NV Solicitations and contracts, including multiple-award contracts, when orders may be set aside for small business concerns as described in subpart 8.4 and subpart 16.5, when—
(i) the item being acquired has been assigned a manufacturing or supply NAICS code, and— (ii)
(A) Any portion of the requirement is to be—
(1) Set aside for small business and is expected to exceed the simplified acquisition threshold; or
(2) Set aside or awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108, regardless of dollar value; or
(B) Using the HUBZone price evaluation preference (see 19.110). However, if the prospective contractor waived the use of the price evaluation preference, or is an other than small business, do not insert the clause in the resultant contract.
Taber, Crystal - OCP, NV In solicitations and contracts above the micro-purchase threshold, when the contract will be performed in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands; unless—
(a) The contract will be subject to 41 U.S.C. chapter 65 (see subpart 22.6 and 22.602), which contains a separate prohibition against the employment of convict labor;
(b) The supplies or services are to be purchased from Federal Prison Industries, Inc. (see subpart 8.6); or
(c) The acquisition involves the purchase, from any State prison, of finished supplies that may be secured in the open market or from existing stocks, as distinguished from supplies requiring special fabrication.
Taber, Crystal - OCP, NV In all solicitations and contracts for the acquisition of supplies that are expected to exceed the micro-purchase threshold.
Taber, Crystal - OCP, NV Solicitations and contracts if the expected value is $150,000 or more, except when—
(i) Work is performed outside the United States by employees recruited outside the United States; or
(ii) The Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, has waived, in accordance with 22.1302-3(a) or the head of the agency has waived, in accordance with 22.1302-3(b), all of the terms of the clause.
Taber, Crystal - OCP, NV If the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, or the head of the agency waives one or more (but not all) of the terms of the clause, use the basic clause with its Alternate I.
Taber, Crystal - OCP, NV Solicitations and contracts that exceed or are expected to exceed $15,000, except when—
(i) Both the performance of the work and the recruitment of workers will occur outside the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island; or
(ii) The Director of OFCCP or agency head has waived, in accordance with 22.1401-3(a) or (b) all the terms of the clause.
Taber, Crystal - OCP, NV If the Director of OFCCP or agency head waives one or more (but not all) of the terms of the clause in accordance with 22.1401-3(a) or (b), use the basic clause with its Alternate I.
Taber, Crystal - OCP, NV Solicitations and contracts containing the clause at 52.222-35, Equal Opportunity for Veterans.
Taber, Crystal - OCP, NV All solicitations and contracts, including acquisitions for commercial products, commercial services, and commercially available off-the-shelf items, except acquisitions—
(1) Under the simplified acquisition threshold. For indefinite-quantity contracts, include the clause only if the value of orders in any calendar year of the contract is expected to exceed the simplified acquisition threshold;
(2) For work performed exclusively outside the United States; or
(3) Covered (in their entirety) by an exemption granted by the Secretary.
Taber, Crystal - OCP, NV In solicitations and contracts (except as provided in paragraph (b)(2) of this subsection) if the contract is subject to the Service Contract Labor Standards statute and is—
(i) Over $2,500; or
(ii) For an indefinite dollar amount and the contracting officer does not know in advance that the contract amount will be $2,500 or less.
(2) The contracting officer must not insert the clause at 52.222-41 (or any of the associated Service Contract Labor Standards statute clauses as prescribed in this subsection for possible use when 52.222-41 applies) in the resultant contract if—
(i) The solicitation includes the provision at—
(A) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification; or
(B) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification; and
(ii) The contracting officer has made the determination, in accordance with paragraphs (e)(3) or (f)(3) of subsection 22.1002-1, that the Service Contract Labor Standards statute does not apply to the contract. (In such case, insert the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements, or 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements, in the contract, in accordance with the prescription at paragraph (e)(2)(ii) or (e)(4)(ii) of this subsection).
Taber, Crystal - OCP, NV Solicitations and contracts if the contract amount is expected to be over $2,500 and the Service Contract Labor Standards statute is applicable.
Taber, Crystal - OCP, NV In solicitations and contracts if the contract is expected to be a fixed-price, time-and-materials, or labor-hour service contract containing the clause at 52.222-41, Service Contract Labor Standards, and is a multiple year contract or is a contract with options to renew which exceeds the simplified acquisition threshold.
In solicitations and contracts if the contract is expected to be a fixed-price, time-and-materials, or labor-hour service contract containing the clause at 52.222-41, Service Contract Labor Standards, exceeds the simplified acquisition threshold, and is not a multiple year contract or is not a contract with options to renew.
☐ 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) ☐ 52.222-54 Employment Eligibility Verification (Nov 2025) ☐ 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) ☒ 52.222-90 Addressing DEI Discrimination by Federal Contractors (Apr 2026) ☐ 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (Nov 2025) ☐ 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 (Nov 2025) ☐ 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) ☐ 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)
Taber, Crystal - OCP, NV In solicitations that include the provision at 52.222-48; and
(ii) In resulting contracts in which the contracting officer has determined, in accordance with 22.1002-1(e)(3), that the Service Contract Labor Standards statute does not apply.
Taber, Crystal - OCP, NV In solicitations that include the provision at 52.222-52; and
(ii) In resulting contracts in which the contracting officer has determined, in accordance with 22.1002-1(e)(3), that the Service Contract Labor Standards statute does not apply.
Taber, Crystal - OCP, NV All solicitations and contracts that exceed $150,000, except those that—
(a) Are only for work that will be performed outside the United States;
(b) Are for a period of performance of less than 120 days; or
(c) Are only for—
(1) Commercially available off-the-shelf items;
(2) Items that would be COTS items, but for minor modifications (as defined at paragraph (3)(ii) of definition of “commercial product” at 2.101;
(3) Items that would be COTS items if they were not bulk cargo; or
(4) Commercial services that are—
(i) Part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications);
(ii) Performed by the COTS provider; and
(iii) Are normally provided for that COTS item.
Taber, Crystal - OCP, NV Solicitations and contracts that include the clause at 52.222-6, Construction Wage Rate Requirements, or 52.222-41, Service Contract Labor Standards, where work is to be performed, in whole or in part, in the United States (the 50 States and the District of Columbia).
Taber, Crystal - OCP, NV In solicitations and contracts, including those for commercial products and commercial services, except those that result in contracts for which the place of delivery or performance is outside the United States.
Taber, Crystal - OCP, NV In service and construction solicitations and contracts, unless the contract will not involve the use of biobased products in USDA-designated product categories.
Taber, Crystal - OCP, NV Solicitations and contracts exceeding $200,000 that are for, or specify the use of, EPA-designated items containing recovered materials. If technical personnel advise that estimates can be verified, use the clause with its Alternate I.
Taber, Crystal - OCP, NV If technical personnel advise that estimates can be verified, use the clause with its Alternate I.
Taber, Crystal - OCP, NV Solicitations and contracts that may include products that may contain or be manufactured with ozone-depleting substances.
Taber, Crystal - OCP, NV Solicitations and contracts that include the maintenance, service, repair, or disposal of refrigeration equipment or air conditioners.
Taber, Crystal - OCP, NV Solicitations and contracts unless a written justification or exception (see 23.103(b) and 23.105, respectively) covers the entire acquisition.
Taber, Crystal - OCP, NV Solicitations and contracts when, on behalf of the agency, contractor employees will—
(1) Have access to a system of records;
(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or
(3) Design, develop, maintain, or operate a system of records.
Taber, Crystal - OCP, NV When an agency specifies that only its agency-provided training is acceptable, use the clause with its Alternate I.
Taber, Crystal - OCP, NV Solicitations and contracts with a value exceeding the micro-purchase threshold but not exceeding $50,000; and in solicitations and contracts with a value exceeding $50,000, if none of the clauses prescribed in paragraphs (b) and (c) of this section apply, except if—
(A) The solicitation is restricted to domestic end products in accordance with 6.103;
(B) The acquisition is for supplies for use within the United States and an exception to the Buy American statute applies (e.g., public interest, or information technology that is a commercial product), other than individual nonavailability waiver determinations (see 25.103(b)(2)); or
(C) The acquisition is for supplies for use outside the United States.
Taber, Crystal - OCP, NV The contracting officer must use the clause with its Alternate I to reflect the domestic content threshold that will apply to the entire period of performance, when the senior procurement executive allows for application of an alternate domestic content test for the contract in accordance with 25.101(d).
Taber, Crystal - OCP, NV In solicitations and contracts if—
(A) The acquisition is for supplies, or for services involving the furnishing of supplies, for use within the United States, and the acquisition value is $50,000 or more, but is less than $174,000;
(B) The acquisition is not for information technology that is a commercial product, using fiscal year 2004 or subsequent fiscal year funds; and
(C) No exception in 25.401 applies. For acquisitions of agencies not subject to the Israeli Trade Act (see 25.406), see agency regulations.
Taber, Crystal - OCP, NV If the acquisition value is $50,000 or more but is less than $100,000, use the clause with its Alternate II.
Taber, Crystal - OCP, NV If the acquisition value is $100,000 or more but is less than $102,280, use the clause with its Alternate III.
Taber, Crystal - OCP, NV Use the clause with its Alternate IV to reflect the domestic content threshold that will apply to the entire period of performance, when the senior procurement executive allows for application of an alternate domestic content test for the contract in accordance with 25.102(d).
Taber, Crystal - OCP, NV n solicitations and contracts valued at $174,000 or more, if the acquisition is covered by the WTO GPA (see subpart 25.4) and the agency has determined that the restrictions of the Buy American statute are not applicable to U.S.-made end products.
Taber, Crystal - OCP, NV Solicitations and contracts, other than personal service contracts with individuals, that will require contractor personnel to perform outside the United States—
(a) In a designated operational area during—
(1) Contingency operations;
(2) Humanitarian or peacekeeping operations; or
(3) Other military operations or military exercises, when designated by the combatant commander; or
(b) When supporting a diplomatic or consular mission—
(1) That has been designated by the Department of State as a danger pay post, see https://aoprals.state.gov/; or
(2) That the contracting officer determines is a post at which application of the clause FAR 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States, is appropriate.
Taber, Crystal - OCP, NV Solicitations and contracts for performance outside the United States in an area of—
(1) Combat operations, as designated by the Secretary of Defense; or
(2) Other significant military operations, as designated by the Secretary of Defense and only upon agreement of the Secretary of Defense and the Secretary of State.
Taber, Crystal - OCP, NV In solicitations and contracts involving local area set-asides.
Taber, Crystal - OCP, NV Solicitations and contracts involving local area set-asides.
Taber, Crystal - OCP, NV Solicitations that contain the provision at 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation; and
(2) Resulting contracts for which the contractor indicated it was a foreign person in solicitation provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation.
Taber, Crystal - OCP, NV When the contract will provide for contract financing.
Taber, Crystal - OCP, NV In solicitations and contracts in lieu of constructing a specific clause in accordance with paragraphs (b) through (e) of this section, if the contract action qualifies under the criteria at 32.202-1(b) and installment payments for the item are either customary or are authorized in accordance with agency procedures.
Taber, Crystal - OCP, NV Solicitations and contracts that include the provision at 52.204-7, System for Award Management, or an agency clause that requires a contractor to be registered in SAM and maintain registration until final payment, unless—
(i) Payment will be made through a third party arrangement (see 13.301 and paragraph (d) of this section); or
(ii) An exception listed in 32.1103(a) through (i) applies.
Taber, Crystal - OCP, NV If the head of the agency has authorized, in accordance with 32.1106, to use a nondomestic EFT mechanism, insert in solicitations and contracts a clause substantially the same as 52.232-33 or 52.232-34 that clearly addresses the nondomestic EFT mechanism.
Taber, Crystal - OCP, NV If payment under a written contract will be made by a charge to a Government account with a third party such as a Governmentwide commercial purchase card, insert the clause at 52.232-36, Payment by Third Party, in solicitations and contracts.
Insolicitations and contracts for services to be performed on Government installations, unless a construction contract is contemplated.
☐ 52.237-3 Continuity of Services (Jan 1991) ☐ 52.240-92 Security Requirements (Nov 2025) ☐ 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025) ☐ 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025)
☐ Alternate I (Apr 2023) of 52.247-64.
☐ Alternate II (Nov 2021) of 52.247-64
Other Applicable Clauses 52.216-18 Ordering (Aug 2020) 52.216-19 Delivery – Order Limitations (Oct 1995) 52.216-21 Requirements (Nov 2025) ☐ Alternate I (Apr 1984) of 52.216-21 52.216-22 Indefinite Quantity (Nov 2025) 52.217-6 Option for Increased Quantity (Mar 1989) 52.217-7 Option for Increased Quantity - Separately Priced Line Item (Mar 1989) 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.
52.232-90 Fast Payment Procedures (Nov 2025) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.245-1 Government Property (Sep 2021) ☐ Alternate I (Sep 2021) of 52.245-1 52.245-2 Government Property 52.245-9 Use and Charges 52.246-15 Certificate of Conformance (Apr 1984) 52.247-29 F.O.B. Origin (Feb 2006) 52.247-34 F.O.B. Destination (Jan 1991)
AGAR Clauses
452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (May 2026)
(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.
Taber, Crystal - OCP, NV In solicitations and contracts for services, when— (1)The services under the contract are considered vital to the Government and must be continued without interruption and when, upon contract expiration, a successor, either the Government or another contractor, may continue them; and (2)The Government anticipates difficulties during the transition from one contractor to another or to the Government. Examples of instances where use of the clause may be appropriate are services in remote locations or services requiring personnel with special security clearances.
Taber, Crystal - OCP, NV Solicitations and contracts when the contract may require access to classified information.
Taber, Crystal - OCP, NV Solicitations and contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or moving through its information system.
Taber, Crystal - OCP, NV Solicitations and contracts that may involve ocean transportation of supplies subject to the Cargo Preference Act of 1954.
Taber, Crystal - OCP, NV If a statute or agency procedures require transportation of the supplies furnished under the contracts exclusively in privately owned U.S.-flag commercial vessels (see 47.502(b) and 47.503(b)), use the clause with its Alternate I.
Taber, Crystal - OCP, NV Except for contracts or agreements for ocean transportation services or construction contracts, use the clause with its Alternate II if any of the supplies to be transported are commercial products that are shipped in direct support of U.S. military—
(i) Contingency operations;
(ii) Exercises; or
(iii) Forces deployed in connection with United Nations or North Atlantic Treaty Organization humanitarian or peacekeeping operations.
Taber, Crystal - OCP, NV In solicitations and contracts when a definite-quantity contract, a requirements contract, or an indefinite-quantity contract is contemplated.
Taber, Crystal - OCP, NV In solicitations and contracts when a definite-quantity contract, a requirements contract, or an indefinite-quantity contract is contemplated.
Taber, Crystal - OCP, NV In solicitations and contracts when a requirements contract is contemplated.
Taber, Crystal - OCP, NV If the contract is for nonpersonal services and related supplies and covers estimated requirements that exceed a specific Government activity’s internal capability to produce or perform, use the clause with its Alternate I.
Taber, Crystal - OCP, NV In solicitations and contracts when an indefinite-quantity contract is contemplated.
Taber, Crystal - OCP, NV In solicitations and contracts, except those for services, when adding an option is appropriate (see 17.201), and the option quantity appears as a percentage of the basic contract quantity or as additional quantities of a specific line item.
Taber, Crystal - OCP, NV In solicitations and contracts, except those for services , when adding an option is appropriate (see 17.201), and the option quantity appears as a separate line item with the same name as a corresponding basic line item.
Taber, Crystal - OCP, NV In solicitations and contracts for services when adding an option is appropriate. (See 17.201 and part 37).
Taber, Crystal - OCP, NV In solicitations and contracts when adding an option is appropriate (see 17.201) and the contract needs to include any of these elements:
(1) A requirement for the Government to give the contractor advance written notice of intent to extend;
(2) A statement that an extension of the contract also extends the option; or
(3) A specific limit on the total contract duration.
Taber, Crystal - OCP, NV In solicitations and contracts when the conditions in 32.1202 are applicable and it is intended that the fast payment procedure be used in the contract (in the case of BPAs, the contracting officer may elect to insert the clause either in the BPA or in orders under the BPA).
Taber, Crystal - OCP, NV Insolicitations and contracts for services to be performed on Government installations, Taber, Crystal - OCP, NV In-
(i) All cost-reimbursement and time-and-material type solicitations and contracts, and labor-hour solicitations when property is expected to be furnished for the labor-hour contracts.
(ii) Fixed-price solicitations and contracts when the Government will provide Government property.
(iii) Contracts or modifications awarded under FAR part 12 procedures where Government property that exceeds the simplified acquisition threshold, as defined in FAR 2.101, is furnished or where the contractor is directed to acquire property for use under the contract that is titled in the Government.
Taber, Crystal - OCP, NV In contracts other than those identified in FAR 45.104(a), Taber, Crystal - OCP, NV In fixed-price service contracts to be performed on a Government installation when Government-furnished property will be provided for initial provisioning only and the Government is not responsible for repair or replacement.
Taber, Crystal - OCP, NV In solicitations and contracts when the clause at 52.245-1 is included.
Taber, Crystal - OCP, NV In solicitations and contracts for supplies or services when the conditions in 46.504 apply.
Taber, Crystal - OCP, NV When the delivery term is f.o.b. origin.
When the delivery term is f.o.b. destination.
(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)
AGAR 452.203-72 Unenforceable Supplier Terms (MAY 2026)
(a) Definitions.
Supplier terms mean provisions customarily drafted by vendors of supplies or services and intended to create a binding legal obligation on the end user. The term applies:
1. Regardless of the format or style of the document. For example, supplier terms may appear in standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order or otherwise become effective after the contract date.
2. Regardless of the media or delivery mechanism used. For example, supplier terms may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.
(b) Applicability. When any supply or service acquired under this contract is subject to supplier terms, the supplier terms are deemed part of the contract only to the extent they are consistent with this clause. Supplier terms that conflict with any part of this clause, the contract, or Federal law are void and will not be considered incorporated into a contract, even if they are physically present in a contract documentation or systems. In the event of any inconsistency between supplier terms and this contract, this clause and the terms of the Government contract must govern and supersede any supplier terms in all cases.
(c) Authorization Required. Notwithstanding any other provision, no supplier terms must be binding on the Government unless the term is expressly authorized on the USDA Supplier Terms Authorization Form signed by the Contracting Officer, and the completed Authorization Form has been incorporated into the contract.
(d) Unenforceable Terms. Any supplier terms that impose obligations or restrictions inconsistent with applicable Federal law are unenforceable against the Government and deemed stricken from the agreement. This includes, but is not limited to, any clause that:
(1) Requires the Government to pay future fees, penalties, interest, legal costs, early‑termination fees, cancellation fees, minimum purchase commitments, true‑up payments, seat‑count minimums, usage minimums, continued‑use charges, or any other financial obligation not expressly authorized by the contract.
(2) Requires the Government to indemnify the contractor or any other entity.
(3) Restricts the Government’s ability to obtain similar supplies or services from another source.
(4) Imposes any penalty, financial or otherwise, based on the Government’s decision not to exercise an option.
(5) Subjects the United States Government to the laws of any U.S. state, territory, district, municipality, or foreign nation, except where Federal law expressly permits such application.
(6) Requires dispute resolution in a forum or venue other than one prescribed by applicable Federal law.
(7) Establishes a period of limitations for bringing an action that differs from that provided by applicable Federal law.
(8) Grants the contractor rights to use, mine, access, aggregate, analyze, or otherwise exploit Government data, usage data, or metadata.
(9) Deems the Government to have accepted initial or revised terms based on silence, continued performance, or failure to object.
(10) Grants the supplier the right to audit Government facilities, systems, records, or use of the product or service, except as expressly authorized by the contract and applicable Federal law.
(11) Requires the Government to accept supplier security requirements, network access requirements, monitoring, penetration testing, or other technical or security measures.
(12) Permits the supplier to suspend, degrade, or terminate access to products or services based on alleged non‑payment, alleged breach, automated security triggers.
(13) Limits the Government’s right to use, install, access, test, evaluate, or transfer the licensed product or service in any manner consistent with the contract and Federal law.
(14) Requires the Government to store, process, maintain, or transmit data in a particular geographic location, or permits the supplier to transfer Government data outside the United States, except as expressly authorized by applicable Federal law.
(15) Authorizes the supplier to use the Government’s name, seal, trademark, logo, or any reference to the Government as an end user or customer for marketing, publicity, promotional activities, press releases, or similar purposes.
(16) Incorporates by reference, or requires the Government to accept, terms or conditions imposed by any third party, subcontractor, or upstream service provider, unless such terms are expressly incorporated into the contract by bilateral modification.
(17) Limits, conditions, or negates the contractor’s performance obligations, service levels, or remedies through a supplier‑provided service level agreement (SLA).
(18) Uses Government data, usage data, metadata, prompts, content, or interactions to train, fine‑tune, improve, or derive any artificial intelligence, machine learning, or automated decision‑making model.
(19) Subjects the Government to automated decision‑making, automated risk scoring, automated content moderation, or any algorithmic process that may affect access, performance, or rights under the contract.
(20) Utilizes artificial intelligence or algorithmic tools that produce decisions, recommendations, or outputs affecting contract performance without providing transparency, explainability, auditability, and bias‑mitigation consistent with applicable Federal law and policy.
(21) Profiles, tracks, or analyzes Government user behavior, preferences, communications, or interactions for personalization, marketing, or algorithmic optimization purposes.
(e) Non-binding Actions. Neither the Government nor any Government authorized end…
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