C04a LMIR BPA Call Form 1284LM26Q0099.doc

Land Management Integrated Resources BPA Call

Contractor:

BPA No.

BPA RFQ or

Call No.

This will only be sent out to the current BPA Award Holders as of Issue Date.

NAICS Code Exception if Applicable:

______This is a multi-award call order. Contractor needs to only provide pricing for all items listed under the specific award(s) they are interested in.

Contractor:

UEI:

Email:

Issuing and Billing Office:

USDA Forest Service

Procurement Operations

Land Management Services/Central 2

JoAnne Meiers, Contract Specialist joanne.meiers@usda.gov

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

ESTIMATED QUANTITY

22.

UNIT OF MEASURE

23.

UNIT PRICE

24.

AMOUNT

Contractor: (Name, Signature, and Date)

Date:

JoAnne Meiers, Contracting Officer

1. DESCRIPTION/STATEMENT OF WORK

This call order will conduct field surveys related to Common Stand Exam (CSE) protocols to support vegetation inventories on United States Forest Service (USFS) lands in Montana. Stand exam field surveys, using common stand exam protocols as defined in this call order, will support the Big Spruce, Rad Mart, and Quill Pig project areas and timber sales.

2. SPECIFICATIONS:

*See Attachment 1 SOW CSE Protocols for project specifications.

2.1 Key Personnel and Required Qualifications or Certifications

*See Attachment 2 Protocols Performance Work Statement (PWS)

2.2 Government Property FAR 52.245-1 GOVERNMENT PROPERTY (SEP 2021)

*See Attachment 2 Protocols Performance Work Statement (PWS)

3. PROJECT LOCATION AND DESCRIPTION

This project is located in the state of Montana on the Flathead National Forest on the Glacier View, Tally Lake, and Swan Lake Ranger Districts.

The 2026 Flathead National Forest task order for Common Stand Exam data collection is for 300 plots over 39 stands.

The Big Spruce project area is located on the Glacier View Ranger District, Flathead National Forest, north of Kalispell, Montana. This project will utilize protocols for a Quick Plot Exam Level 1000 and an Intensive Exam Level 3000 with Growth Sample Trees. Vegetation Composition, Down Woody Material, and Surface Cover data will not be collected.

The Rad Mart project area is located on the Tally Lake Ranger District, Flathead National Forest, west of Kalispell, Montana. This project will utilize protocols for an Intensive Exam Level 3000 with Growth Sample Trees. Vegetation Composition, Down Woody Material, and Surface Cover data will not be collected.

The Quill Pig project area is located on the Swan Lake Ranger District, Flathead National Forest, south of Kalispell, Montana. This project will utilize protocols for an Intensive Exam Level 3020 with Growth Sample Trees and Down Woody Material. Vegetation Composition, and Surface Cover data will not be collected.

*See attachments for area maps and Protocols.

4. INSPECTION AND ACCEPTANCE:

4.1

FAR 52.246-4: INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

a. Definition. “Services”, as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

b. The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

c. The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

d. If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

e. If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

2) Reduce the contract price to reflect the reduced value of the services performed.

f. If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

2) Terminate the contract for default.

4.2

CONTRACTOR INSPECTION PROCEDURES

(A) General Instructions

1) The Contractor shall conduct inspections of all settings and will record the results using procedures described herein (see PWS, section 4.0 Deliverable / Schedule). Inspections shall be maintained concurrent with contract work. Completed inspection forms shall be made available to the Government within 7 days of completion of each block and will remain part of the permanent contract file. Each block shall consist of a minimum of 50 plots and a maximum of 150 plots, consisting of completed settings.

2) By submission of inspection forms to the Government, the Contractor is considered to be certifying that the unit is satisfactorily completed and that the inspection forms reflect the work accomplished.

3) The Contractor shall submit legible inspection forms. Illegible and incomplete forms shall be returned to the Contractor for correction and re-submission.

4) In the event the Contractor falsifies inspection results, as determined by the Contracting Officer, the Government may declare the Contractor to be in default of the contract. Additionally, the Government may refer such falsifications to the US Attorney’s Office for possible prosecution pursuant to 18 U.S.C. 1001 (Falsification of Government Documents) or 18 U.S.C. 287 (Fraud).

*See Attachment 2 Protocols PWS, section 4.0 Deliverable / Schedule for additional information regarding inspection and acceptance.

4.3

GOVERNMENT INSPECTION PROCEDURES – COMPLIANCE INSPECTION:

(A) The Government will inspect the submitted work to determine compliance with contract specifications and to provide a basis for payment. Government inspections are not intended to be used in place of quality control by the contractor.

(B) The COR will select a percentage of the plots from each block to be field inspected as specified. Additional inspections may be made as the COR deems appropriate.

(C) Field inspections will be made from the electronic data submitted. Inspection will only be made on completed work, consisting of any required paper forms, maps, and electronic data for completed settings

(D) All data will be evaluated by the tolerances specified in Appendix T of the R1 CSE/IM Field Guide Appendices and/or appropriate protocol as specified in this call order.

(E) The Government shall make the compliance inspection of each block within 14 calendar days without cost to the Contractor. Any delay in Government inspections will not be cause for the Government to be responsible for the Contractor’s work quality.

*See Attachment 2 Protocols PWS, section 4.0 Deliverable / Schedule for additional information regarding inspection and acceptance.

5. COMMENCEMENT PROSECUTION, AND COMPLETION OF WORK

The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 10/31/2026.

6. POST AWARD CONFERENCE

A post award conference is required. It will be scheduled within 10 days after the date of contract award. The location of the conference will be determined after award.

7.

EVALUATION CRITERIA:

The proposal must include a technical proposal, quality control plan, work plan and schedule, worksite/comping plan, safety plan, list of past similar experience, and list of key personnel. The Government will award to the responsible quoter whose quote conforming to the solicitation will be the best value to the Government based on technical factors, consideration of other non-price factors, and price.

The technical proposal must present sufficient information to reflect a thorough understanding of the requirements and a detailed description of the techniques, procedures and methods for achieving the objectives of the specifications/statement of work. Proposals which merely paraphrase the requirements of the Government's specifications/statement of work or use such phrases as "will comply" or "standard techniques will be employed" will be considered unacceptable and will not be considered further.

Evaluation Factors

The following factors shall be used to evaluate offers:

1. Technical Approach & Understanding of the Project

a. Workplan and Schedule

b. Quality Control Plan

c. Worksite/Camping Plan

d. Safety Plan

2. Experience & Key Personnel

a. Past Similar Projects

b. Key Personnel

3. Past Performance

4. Price

Evaluation factors are listed in descending order of importance. Technical Approach & Understanding of the Project, Experience & Key Personnel, and Past Performance, when combined, are significantly more important compared to Price.

7.1

TECHNICAL APPROACH & UNDERSTANDING OF THE PROJECT

Evaluation will be based on completeness of the response/proposal, proposed methods, and understanding of the requirement. The following elements must be addressed/included within the proposal.

Work Plan and Schedule

Include a Work Plan and Schedule addressing crew size, project personnel, proposed schedule, and production rates to accomplish work within the stated period of performance. The Work Plan should also address the resources and equipment that the Contractor will utilize including information on the type and condition of the equipment to be used. Equipment that is required may include but is not limited to the following: transportation, data collection device, GPS unit, and basic mensuration equipment.

Refer to Attachment 1 SOW CSE Protocols for more information on the Work Plan and Schedule.

Quality Control Plan

As identified in Section 3.3 in the Protocols Performance Work Statement (PWS), the Contractor shall provide a Quality Control Plan (QCP) with the technical proposal. The Plan shall describe the methods of supervision of crew and work, how quality will be monitored to assure the performance standards are met, and the personnel that will be performing the quality control. Quality control shall include monitoring quality while data collection is in progress, including how they will ensure that specified tolerances are achieved and procedures for correction of errors. The QCP shall outline how communications will be maintained between the Contractor and the Contracting Officer and the Contracting Officer's Representative (COR).

Worksite/Camping Plan

Provide a general Worksite and Camping Plan that describes how you will keep the worksite or campsite clean during operations. Describe how you will adhere to the contract requirements of Protocols PWS Sections on Access and Camping, including invasive/noxious weeds protection requirements. Describe how you will adhere to all administrative regulations and special orders including travel restrictions and food storage orders.

Safety Plan

Provide a Safety Plan that outlines how safety will be provided for all workers present at the job site. Include details such as safety equipment that will be provided, medical training of personnel, communication plans, emergency medical and/or evacuation plans, etc.

7.2

EXPERIENCE & KEY PERSONNEL

The proposal should demonstrate experience in Common Stand Exam, Forest Inventory Analysis Plots, Vegetation Inventory and Monitoring projects, or other forest inventory data collection; and Key Personnel Experience in other similar types of work.

Past Similar Experience

Provide a list of all forest inventory data collection contracts or projects, or similar projects, completed or begun during the past 5 years. Include contracts and subcontracts similar in nature and complexity to that required by this solicitation and especially any contracts entered into with Federal, State and local governments and commercial customers. Include the following information for each:

· Name of contract or project and a brief description of the requirements

· Contract number, if applicable

· Project location and size

· Total dollar amount/value

· Completion date, or stage of completion if still in progress

· Contracting Officer or project owner/manager’s contact information (name, telephone number, and e-mail address)

· Name of company if you subcontracted out any portion of work, or if you acted as a subcontractor.

· What the quality of work or performance rating was, and if there was any work that received less than full pay or any penalties including liquidated damages.

Key Personnel:

The Government will evaluate the experience, qualifications including education of proposed Key Personnel. Identify all Key Personnel by name, title, roles and responsibilities and state their experience performing work of a similar type. Concisely describe the training, education, experience, management skills and customer service qualities of each of the identified Key Personnel.

In addition, include the following qualifiers:

· Project Manager/Contractor Representative(s): Submit the names and a summary of experience and/or resume of each employee proposed to be approved in advance for the Contractor Representative role, and identified in the contract as Key Personnel. Describe each proposed Contractor Representative’s experience in understanding and interpreting contract requirements.

· Crew Lead: Submit the names and a summary of experience and/or resume of each employee proposed to be approved in advance for the role of Crew Lead, and identified in the contract as Key Personnel. Describe each proposed Lead’s experience in understanding and interpreting contract requirements.

· Quality Control Inspector(s): Submit the names of each employee proposed to be approved in advance as a Quality Control Inspector, and identified in the contract as Key Personnel. Describe each proposed Quality Control Inspector’s experience inspecting on Forest Service contracts and experience in understanding and interpreting contract requirements.

7.3

PAST PERFORMANCE

The Government will consider information submitted by the Quoter, obtained from references, or obtained by the Government from other sources that are relevant. Government evaluators may avail themselves of various federal, state, and local past performance databases. The Government may research contractor performance on any federal, state, local, and commercial contract performance of the contractor that is known to the Government, but not included on the submitted performance information.

Past performance will be evaluated for quality of services; timeliness of performance; management and business relations with previous customers; customer satisfaction; cost control; oversight of project including subcontractors, and suppliers; and compliance with contract requirements, labor, and safety standards.

The Government will consider the relevance of past performance information obtained in relation to the scope of this procurement with respect to both similar efforts, and the length, scope, number, complexity, and diversity of contracts completed by the firm. Past performance, either positive or negative, which is considered by the Government to be more closely related to the scope of this effort will be given additional weight in the evaluation process.

7.4

PRICE

The Government will evaluate item prices entered in the Schedule of Items. It is the Government’s intent to assess the price of each item to determine (1) reasonableness; and (2) Quoter’s understanding of the work. These evaluation criteria are of equal importance

8.

CONTRACTING OFFICER’S REPRESENTATIVE (COR):

COR contact information will be provided upon award.

9.

LIST OF ATTACHMENTS

The following attachments are made a part of this solicitation and any resultant contract.

Attachment/ Exhibit Number

Appendices

FAR/AGAR Class Deviations and Updates (at end of this document)

Notice for Filing Agency Protests (at end of this document)

March 2025 Class Deviation

This Call Order incorporates two FAR class deviations to ensure compliance with Executive Orders 14148, 14173, 14168, and 14208, issued since January 20, 2025. It also removes references to AGAR clauses and provisions that have been rescinded. These updates reflect recent policy changes and remove outdated requirements, as detailed below.

The following FAR provisions and clauses are hereby removed in their entirety from the LMIR BPA:

· 52.222-21 Prohibition of Segregated Facilities

· 52.222-26 Equal Opportunity

· 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026/1 1/This provision was removed to comply with the Executive Order 14236 titled "Additional Rescissions of Harmful Executive Orders and Actions," dated March 14, 2025.

The following FAR clauses now include deviations to align with recent Executive Orders:

· 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025)

· 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)

· 52.223-1 Biobased Product Certification (MAY 2024) (DEVIATION FEB 2025)

· 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024) (DEVIATION FEB 2025)

Ther following references to AGAR Clauses and provisions are hereby removed to comply with AGAR Rule 2024-22463 (89 FR 81014):

· AGAR 452.211-74 Period of Performance (FEB 1988)/2

· AGAR 452.215-73 Post Award Conference (NOV 1996) /2

· AGAR 452.219-70 Size Standard and NAICS Code Information (SEP 2001) /2

· AGAR 452.236-72 Use of Premises (NOV 1996) /2

· AGAR 452.236-77 Emergency Response (NOV 1996)

· AGAR 452.236-78 Fire Suppression and Liability (MAY 2014)

· AGAR 452.237-74 Key Personnel (FEB 1988) /2 2/AGAR clauses and provisions that were included in full text have been retained, with only the AGAR reference removed.

The following AGAR clauses is hereby included:

· AGAR 452.236-70 Emergency Response, Fire Suppression and Liability (NOV 2024)

The following FAR and AGAR clauses have been added, effective April 2026:

· FAR 52.222-90, Addressing DEI Discrimination by Federal Contractors (APR 2026).

· AGAR Clause 452.203‑72 Unenforceable Supplier Terms (APR 2026) All call orders will incorporate these changes by reference at award.

Disclaimer: 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 agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

In advancement of Section 2 of Executive Order 14208, the removal of requirements related to Executive Order 14057 eliminates all non-statutory sustainability requirements or preferences in purchases of food service wares, including paper straws. In addition to removing requirements related to Executive Order 14057, the attachment also reflects recent updates to Code of Federal Regulation citations for the U.S. Department of Agriculture’s BioPreferred® Program, a statutory purchasing preference program.

These class deviations will remain in effect until rescinded or incorporated into the FAR.

FAR 52.222-90

Addressing DEI Discrimination by Federal Contractors (Apr 2026)

AGAR 452.203-72 Unenforceable Supplier Terms

(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.

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 shall govern and supersede any supplier terms in all cases.

(c) Authorization Required. Notwithstanding any other provision, no supplier terms shall 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 shall bind the ordering activity as the end user to the extent it does not conflict with the terms of this clause, but it shall 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 shall 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 shall 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 shall 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 shall 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, shall 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.

As prescribed in AGAR 433.104-4 (a)(5)(ii), the following Notice for Filing Agency Protests shall be included in every solicitation.

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.

Page last modified on October 15, 2025

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