C04_CSS_Terms-Conditions_127EAS26Q0036.docx

Attachment 1 - Solicitation Terms and Conditions Solicitation Number:

Sierra National Forest (SNF5) Roadrunner Fuels Reduction and Site Preparation Solicitation #127EAS26Q0036

Description

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. Quotations are being requested and a separate written solicitation will not be issued.

Solicitation number 127EAS26Q0036 is issued as a Request for Quotation (RFQ) for Sierra National Forest (SNF5) Roadrunner Fuels Reduction and Site Preparation. The intent of this contract is to treat fire impacted and beetle mortality stands, remaining fuels and prepare the identified areas for future tree planting in the Tamarack ridge area of the High Sierra Ranger District on the Sierra National Forest. Work on this project shall be done in a manner that does not damage residual trees and vegetation not specified to be treated or other resources. Key activities include felling, thinning, and treatment of slash, brush, and remnant right-of-way material.

This acquisition is set-aside for small business concerns. The applicable North American Industry Classification Standard Code is 115310 Support Activities for Forestry-Fuels Management Services. The small business size standard is $34 million. This acquisition is a Total Small Business Set-Aside. All responsible sources may submit a quotation which will be considered by the agency.

Statement of Requirement

Sierra National Forest (SNF5) Roadrunner Fuels Reduction and Site Preparation in accordance with the attached Statement of Work.

Schedule of Items

See Attachment - Schedule of Items.

Technical Data

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 1 - Statement of Work

· Attachment 2 - Schedule of Items

· Attachment 3 - Contractor Key Personnel

· Attachment 4 - Experience Questionnaire

· Attachment 5 - Wage Determination

· Attachment 6 - Maps

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

☐ Alternate I (Nov 2025) of 52.222-50

☐ 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:

☐ Alternate I (Mar 2020).

☐ Alternate III (Nov 2025) of 52.219-9.

☐ Alternate IV (Nov 2025) of 52.219-9

☐ 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

This Statement is for Information Only:

It is not a Wage Determination

☐ Alternate I (May 2008) of 52.223-9

☐ 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

☐ Alternate I (Apr 2023) of 52.247-64.

☐ Alternate II (Nov 2021) of 52.247-64

Other Applicable Clauses

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.

(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.

1. 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 user is deemed to have consented to any term, condition, or clause by virtue of its inclusion in the supplier agreement or through the use of clickwrap, browsewrap, “I agree” mechanisms, or similar means. Execution of such mechanisms does not bind the Government or its authorized end users to any unenforceable terms.

(f) End user. The supplier agreement must bind the ordering activity as the end user to the extent it does not conflict with the terms of this clause, but it must not bind or impose personal liability on any Government employee or any person acting on behalf of the Government in their personal capacity.

(g) Law and disputes. The supplier agreement is governed by Federal law.

(h) Statutory exception. This clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(i) Continued performance. The supplier or licensor must not unilaterally revoke, terminate, or suspend any rights granted to the Government except as allowed by the contract. If the supplier or licensor believes the ordering activity to be in breach of the supplier agreement, it must pursue its rights under the Contract Disputes Act or other applicable Federal statute while proceeding diligently with performance, pending final resolution of any dispute in accordance with the Disputes Clause at FAR 52.212‑4(d) or FAR 52.233‑1, as applicable.

(j) Arbitration. Binding arbitration must not be used unless specifically authorized by agency guidance.

(k) Equitable or injunctive relief. Equitable or injunctive relief, including the award of attorney fees, costs, or interest, may be awarded against the United States Government only when explicitly provided by statute (e.g., the Prompt Payment Act or the Equal Access to Justice Act).

(l) Revisions to supplier agreements. Any revisions to the supplier agreement must be incorporated into the contract using a bilateral modification. Unilateral revisions are not binding on the Government.

(m) No automatic renewals. If any license or service tied to periodic payment is provided under the supplier agreement (e.g., annual software maintenance or annual lease term), such license or service must not renew automatically upon expiration of its current term without prior express written consent from an authorized Government representative.

(n) Indemnification. Any clause of the supplier agreement requiring the supplier or licensor to defend or indemnify the end user is amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(o) Taxes or surcharges. Any taxes or surcharges which the supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the associated Government contract or order and must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed otherwise.

(p) Non‑assignment. The supplier agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government’s prior approval, except as expressly permitted by FAR 52.212-4(b) or FAR 52.232-23, as applicable.

(q) Confidential information. If the supplier agreement includes a confidentiality clause, such clause is amended to state that neither the agreement nor the contract price list, as applicable, must be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in the supplier agreement to the contrary, the Government may retain any confidential information as required by law, regulation, or its internal document retention procedures for legal, regulatory, or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of the supplier agreement.

(r) Conflict with Federal law. If any other language, provision, or clause of the supplier agreement conflicts or is inconsistent with Federal law or the terms and conditions of this contract, such language, provisions, or clauses will be considered null and void and will not be binding on the United States Government.

(End of Clause) 452.204–70 Modification for Contract Closeout (Apr 2026)

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) may issue a unilateral modification for de-obligation. The contractor will receive a copy of the modification but is not required to provide a signature. The Contracting Officer will immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) For commercial contracts not exceeding the simplified acquisition procedure threshold under FAR 12.001(c), if more than $1,000 in unliquidated funds remain at closeout, the Contracting Officer will issue a bilateral de-obligation modification. Only the modification requires the contractor’s signature, though a Release of Claims may be requested. If the required documents are not returned within 60 days, the Contracting Officer will issue a unilateral modification and proceed with closeout once performance is complete, acceptance is confirmed, and final payment is made.

(c) For all other non-commercial or non–cost‑reimbursement contracts, if more than $1,000 in unliquidated funds remain at closeout, the Contracting Officer will issue a bilateral de-obligation modification and a Release of Claims, both requiring contractor signature. If these documents are not returned within 120 days, the Contracting Officer will issue a unilateral modification u and proceed with closeout upon completion of performance, acceptance, and final payment.

(End of Clause)

Solicitation Information

Award Type

It is anticipated that a firm-fixed contract consisting of one (1) year base period.

The Government intends to make one award from this solicitation. Therefore, to be considered responsive, contractors must submit pricing for all items.

Addenda to provision FAR 52.212-1:

Instructions to Offerors –

Offerors are strongly encouraged to conduct thorough site visits prior to proposal submission. Site visits are essential for Offerors to evaluate slope variability, access routes, exclusion zones, and unit‑specific conditions that affect production rates and pricing. Please conduct site visits on your own as there are no restricted areas, and the Forest Service is short of personnel due to fire season.

A. Offers must be prepared in accordance with the instructions in this section, providing all required documents and information in the specified format. Failure of an offer to show compliance with these instructions may be grounds for exclusion from further consideration. The offer shall clearly and concisely describe the offeror’s response to the requirements of the solicitation. Offerors shall acknowledge receipt of any/all amendments to this solicitation by the date and time specified in the amendment(s).

B. Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/.

C. All offers shall include:

1) Title Page using the following format:

i. Solicitation Number/Description

ii. Company Name

iii. Address

iv. Point of Contact Name

v. Point of Contact Phone & Email

vi. SAM UEI Number

vii. Type of small business: e.g. Service-Disabled Veteran-Owned Small Business, Veteran-Owned Small Business, Woman-owned Small Business, etc.

2) Technical Volume

The technical volume shall include, at a minimum, the information identified below in sufficient detail to allow for evaluation based on the criteria identified herein. It is strongly suggested that offerors organize their technical proposal with individual sections that address each of the following evaluation criteria:

Factor 1. Technical Approach to Performing the Work: At a minimum, describe your planned approach to performing this work. Include the type of equipment to be used, key personnel and their qualifications, logistics of equipment and supply delivery, crew accommodations, major sub-contractors and their roles, approach to maximizing local labor opportunities, biobased products to be used in the accomplishment of the work, and anticipated schedule of work. A proposal which merely paraphrases the requirements of the Government's Statement of Work or uses such phrases as "will comply" or "standard techniques will be employed" will be considered unacceptable and may not be considered further for award.

Use of the Forest Service Designation of Key Personnel-Reps form is mandatory. Form can be found in Section D of this Solicitation, and roles are editable. NOTE: Personnel may hold multiple roles.

Because slope conditions, mechanical access limitations, and feasible piling locations cannot be fully determined from mapping alone, Offerors shall clearly identify all assumptions used in developing their technical and price proposals. Assumptions must include, at a minimum: (1) expected machine‑work vs. hand‑work areas based on site visit evaluations, (2) estimated effects of slope limitations on production rates, (3) anticipated constraints due to resource buffers described in the SOW (equipment exclusion zones, meadows, streams, sensitive plant polygons), and (4) any alternative equipment proposed for steep or restricted areas. Assumptions should be stated in both the Technical Volume and Price Volume as applicable.

Factor 2. Responsibility: Responsibility will be determined in accordance with FAR 9.104-1.

Each offeror must complete the Representations and Certifications in Section E of this solicitation.

Factor 3. Experience & Past Performance: The Government will assess the specialized experience and skill of the firm with a focus on experience that is relevant to the specified project. As a part of this assessment, the Government will consider the firm’s past performance history.

The Technical Volume must include a completed copy of the Experience Questionnaire. Complete all sections on the questionnaire and include a brief statement in block 13 regarding financial ability to perform the work. Form can be found in section D of this Solicitation.

3) Price Volume

Factor 4. Price: The proposed price will be evaluated for reasonableness in accordance with FAR 15.404-1(b). The Price Volume must include at a minimum:

1. Schedule of Items (SOI): Using the provided Excel SOI worksheet in section D, submit the price proposal on all items listed. Offeror must return SOI with all highlighted areas completed, to include signature. It is the responsibility of the offeror to verify that all values presented in the signature-certified SOI, including values in auto-calculated cells, accurately represent the offeror's intended price elements. The Government shall not be held liable for any errors in calculation or pricing data. Unit prices will govern any total value errors unless otherwise determined by the Contracting Officer.

2. Basis of Estimate (BOE): An explanation of proposed pricing is required. The BOE must provide sufficient detail to demonstrate a clear understanding of and rationale for proposed costs.

D. Offerors are strictly advised to comply with all instructions within this solicitation to ensure consideration for award. Failure to furnish a complete offer per the instructions in this solicitation, at the required time and on the required date, may result in the Offeror's proposal being determined ineligible for award consideration.

E. The price and technical volumes shall be separate documents (Microsoft Word, Microsoft Excel, or Adobe PDF). It is the vendor’s responsibility to ensure delivery of all required documents by the date and time set for receipt of offers.

F. Period for acceptance of offers.

The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

Questions Questions shall be submitted via email to Chris Kane, christopher.kane2@usda.gov, and are due no later than July 11, 2026, at 15:00 PM Pacific Time. This will ensure enough time to respond before the solicitation period ends. Please include the solicitation name and number as the subject line of the email.

(End of provision)

Evaluation and Basis for Award

FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)

(a) Proposals will be evaluated using the Tradeoff Process as defined in FAR 15.101. This process permits tradeoffs among price and non-price factors and allows the Government to award to other than the lowest priced proposal and other than the highest technically rated proposal, in accordance with FAR 15.101-1(a). Evaluations will be conducted in accordance with FAR 15.305 Proposal Evaluation, as supplemented by information in this solicitation. The Government will evaluate proposals and assess their relative qualities solely on the evaluation factors specified in this solicitation.

Proposals that do not conform to all solicitation requirements, such as terms, conditions, and specifications, representations and certifications, instructions to offerors, technical evaluation factors, etc. may not be considered for award.

All non-priced factors, when combined, are of equal importance to price:

A. Non-price Factors

Factor 1. Technical Approach to Performing the Work

When evaluating the Offeror(s) proposed Technical Approach to Performing the Work, the Government will assess the reasonableness of the Offeror(s) proposed approach in accordance with the technical requirements, performance specifications, terms, and conditions of this solicitation. Technical Capability will be evaluated based upon the Offeror(s) demonstrated ability to meet or exceed the technical requirements and specifications put forth in this solicitation.

Factor 2. Responsibility

Responsibility will be determined in accordance with FAR 9.104-1

Factor 3. Experience & Past Performance

The Government will assess the specialized experience and skill of the firm with a focus on experience that is relevant to the specified project. As a part of this assessment, the Government will consider the firm’s past performance.

B. Price-related Factors

Factor 4. Price (Including Basis of Estimate)

The proposed price will be evaluated for reasonableness in accordance with FAR 15.404-1(a).

The Government expects to make an award without discussions; however, the Government reserves the right to conduct discussion if necessary. If discussions are conducted, the competitive range may be limited for purposes of efficiency.

Evaluation of proposals will be completed utilizing an adjectival rating scale that represents the Government’s confidence in the offeror’s ability to successfully perform the work. The Government will consider the benefits associated with the offeror’s proposed approaches, experience, and qualifications to arrive at a confidence assessment of the offeror’s likelihood of successfully performing the work and meeting the requirements of the RFP.

The following table shows the adjectival ratings that will be used:

Excellent Excellent understanding of the requirements; significantly exceeds all the minimum requirements of the criteria; contain significant strengths, exceptional features, or innovations that should substantially benefit the Government; contains no weaknesses or deficiencies; has a very high probability of success and the risk of unsuccessful performance is extremely low.

Good Good understanding of the requirements; exceeds all the minimum requirements of the criteria; contains significant strengths or minor strengths, features, or innovation that should benefit the Government; weaknesses, if any, are minor and are more than offset by strengths; no deficiencies are noted; has a better than average probability of success and the risk of unsuccessful performance is very low.

Satisfactory Acceptable understanding of the requirements; meets all the minimum requirements of the criteria; there are few, if any, strengths or features to benefit the Government; has an average probability of success.

Marginal Superficial or vague understanding of the requirements; fails to meet one or more of the minimum requirements of the criteria; there are weaknesses that cannot be offset by strengths and cannot be readily corrected; the risk of unsuccessful performance is moderate.

Unacceptable Lacks understanding of the requirements; fails to meet any of the minimum requirements of the criteria; numerous weaknesses and deficiencies exist; proposal needs major revisions; the risk of unsuccessful performance is high.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

Service Contract Labor Standards

The Service Contract Labor Standards could apply to any contracts awarded through this solicitation. In accordance with (IAW) FAR 22.1002-3(a)(2), the place of performance for this contract is currently unknown. The Contracting Officer has determined Fresno County, California to be the location of performance and has included Wage Determination as an attachment to this solicitation. The Contracting Officer will obtain wage determinations for additional possible places of performance if asked to do so in writing at SAM.gov.

Offerors must request additional wage determinations no later than two days before solicitation close. Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit proposals. However, a wage determination shall be incorporated in the resultant contract, and there shall be no adjustment to the contract price.

Qualification Requirements

Offerors, or the product or service, ARE required to meet a qualification requirement to be eligible for award. Qualification requirements may be obtained by referencing the Statement of Work.

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

The following provisions are applicable if checked:

☐ Alternate I (Nov 2025) to 52.204-7

Other Applicable FAR Provisions

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:

1. 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) Protest Procedures The United States Department of Agriculture (USDA) is committed to fair, transparent, and efficient acquisitions. Interested parties with concerns about this solicitation are encouraged to seek resolution through the following USDA procedures.

Tier 1: Contracting Officer Concern Resolution

Submission: Interested parties with concerns about either the solicitation or subsequent award should first submit their concern directly to the Contracting Officer, providing sufficient detail to allow the Contracting Officer to understand and assess the issue.

Process: The Contracting Officer will review the concern, seek clarification as needed, and engage with the interested party to attempt prompt resolution.

Review Timeline: The Contracting Officer will make every effort to provide a response or resolution within 10 business days of receiving the concern.

Effect on Award or Performance: Tier 1 engagement is not considered an official notification of filing an agency protest and does not pause solicitation deadlines, delay award decisions, or suspend contract performance.

Next Steps: If the matter cannot be resolved at Tier 1, the interested party may file a written agency protest under Tier 2.

USDA encourages all parties to seek resolution with the Contracting Officer before filing an agency protest.

Tier 2: Agency Protest If concerns cannot be resolved at Tier 1, an interested party may file a written agency protest with either the Contracting Officer or the USDA Independent Review Authority. The decision by the USDA Independent Review Authority is an alternative to a decision by the Contracting Officer. The USDA Independent Review Authority will not consider an appeal of the Contracting Officer’s decision on an agency protest.

The protest must state whether the protester elects review by the Contracting Officer, by the UDSA Independent Review Authority. If no election is stated, the Contracting Officer will decide the protest.

Required Information: Protests shall include the information set forth in FAR 33.104-4 (a)(3). Failure to submit the required information may result in a delay or dismissal of the protest.

Submission: Agency protests should be submitted electronically to SPE.inquiry@usda.gov and the Contracting Officer.

Timeliness: Protests must be filed within the timeframes specified in FAR 33.104.

Effect on Award or Performance: Contract awards or performance will be suspended during the protest period unless justified in writing for urgent and compelling reasons or determined to be in the best interest of the Government.

Review Timeline: USDA strives to resolve agency-level protests within 35 business days of receipt.

Election of Forum: By filing a protest with USDA, the protesters agree not to file a protest on the same matter with the Government Accountability Office (GAO) or any other external forum while the agency protest is pending. If such a protest is filed externally, the USDA agency protest will be dismissed.

Questions: Questions regarding this notice or protest procedures should be directed to the Contracting Officer identified in this solicitation.