C04a LMIR BPA Call Form 1284LM26Q0117.docx
DOCX document 66 KB Posted
- Attached to
- USDA Forest Service Land Management Integrated Resources (LMIR) BPAs Land Mgmt Plan for Greater Sage Grouse
- Solicitation number
- 1284LM26Q0117
- Issued by
-
Department of Agriculture Forest Service
About this file
This is a BPA Call Order form for professional environmental consultant services supporting completion of a Greater Sage-Grouse Programmatic Land Management Plan Amendment. The USDA Forest Service is issuing this call order (1284LM26Q0117) against the Land Management Integrated Resources (LMIR) BPA, a national multiple-award BPA available to approximately 150 pre-qualified contractors. The work involves supporting the Planning Service Organization from August 2026 through December 28, 2028, with mandatory completion of all deliverables by their specified due dates. The call order is restricted to current BPA award holders and is set aside for small businesses. The NAICS code is 541620 (Environmental Consulting Services).
The call order requires contractors to provide pricing for 18 line items covering post-award conference, project work plan, quality control plan, coordination meetings, monthly progress reports, planning records, public engagement support, draft and final Environmental Impact Statements (EIS), scoping comment review, response tracking database, comment summary reports, internal workshops, content analysis, Records of Decision, Biological Assessment, writer/editor functions, and optional objections support. Contractors must submit a technical capability statement demonstrating project management expertise, land management planning experience, EIS and Biological Assessment completion capabilities, along with CVs for key personnel, a work plan, and quality control procedures. Award will be made to the highest technically rated offeror with fair and reasonable pricing and acceptable or neutral past performance; artificial intelligence use is prohibited. The Contracting Officer is JoAnne Meiers at joanne.meiers@usda.gov, with the issuing office being USDA Forest Service Procurement Operations, Land Management Services.
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Text version
Contractor:
BPA No.
| 12363N2__A4_____ |
| Project Name |
| Programmatic Land Management Plan Amendment Support for Greater Sage-Grouse |
BPA RFQ or Call No.
| 1284LM26Q0117 |
| Location |
| Remote |
| Set-Aside |
| Small Business__X__ Unrestricted_____ |
This will only be sent out to the current BPA Award Holders as of Issue Date.
| Contractor: |
| Confirm business size by NAICS code below: Small___ Large___ Initial:______ |
NAICS Code Exception if Applicable:
| Award Information |
| ___X___This is a single award call order. Contractor must provide pricing for all items listed under Box 20. |
______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, S&S, Central 2 JoAnne Meiers, Contract Specialist joanne.meiers@usda.gov
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
| NAICS Code (per Scope of Work) |
| 21. |
ESTIMATED QUANTITY
22.
UNIT OF MEASURE
23.
UNIT PRICE
24.
AMOUNT
| 3.1.1 |
| Post Award Conference Call and Project Kick-off Meeting |
| 541620 |
| 1 |
| Each |
| $ |
| $ |
| 3.1.2 |
| Contractor Project Work Plan |
| 541620 |
| 1 |
| Each |
| $ |
| $ |
| 3.1.3 |
| Quality Control Plan |
| 541620 |
| 1 |
| Each |
| $ |
| $ |
| 3.1.4 |
| Regular Coordination Meetings, Facilitation, and Meeting Notes |
| 541620 |
| 1 |
| Each |
| $ |
| $ |
| 3.1.5 |
| Monthly Progress Reports |
| 541620 |
| 23 |
| Each |
| $ |
| $ |
| 3.2.1 |
| Planning Record |
| 541620 |
| 1 |
| Each |
| $ |
| $ |
| 3.3.1 |
| Public Engagement Support - Content development |
| 541620 |
| 1 |
| Each |
| $ |
| $ |
| 3.4.3 |
| Draft EIS |
| 541620 |
| 1 |
| Each |
| $ |
| $ |
| 3.5.1 |
| Scoping Comment Review |
| 541620 |
| 1 |
| Each |
| $ |
| $ |
| 3.5.2 |
| Response Tracking Database |
| 541620 |
| 1 |
| Each |
| $ |
| $ |
| 3.5.3 |
| Comment Summary Report |
| 541620 |
| 1 |
| Each |
| $ |
| $ |
| 3.5.4 |
| Internal/Agency Concern Resolution Workshops |
| 541620 |
| 5 |
| Each |
| $ |
| $ |
| 3.5.5 |
| Content Analysis Report |
| 541620 |
| 1 |
| Each |
| $ |
| $ |
| 3.4.4 |
| Final EIS |
| 541620 |
| 1 |
| Each |
| $ |
| $ |
| 3.4.5 |
| Draft Record of Decision |
| 541620 |
| 1 |
| Each |
| $ |
| $ |
| 3.6.1 |
| Biological Assessment |
| 541620 |
| 1 |
| Each |
| $ |
| $ |
| 3.7 |
| Writer and editor functions |
| 541620 |
| 1 |
| Each |
| $ |
| $ |
| 3.8.1 |
| Objections support and Final Record of Decisions (Optional Item) |
| 541620 |
| 1 |
| Each |
| $ |
| $ |
| Remarks: All clauses and provisions in the base BPA award are applicable to call orders, however clauses and/or provisions in BPA Call Orders take precedence. See Attachments for additional terms and conditions. The Period of Performance for this Call Order is from the Date of Award through 12/30/2028. Specific item due dates or deliverable due dates are mandatory, not arbitrary, and must be met accordingly, regardless of the final period of performance date. |
| Total Price: |
Contractor Signature:
Date:
Land Management Integrated Resources BPA Call
1. DESCRIPTION/STATEMENT OF WORK
Greater sage-grouse is a species dependent on sagebrush steppe ecosystems. These ecosystems have been managed in partnership by state wildlife agencies, federal agencies, local authorities, and many others to conserve the species and its habitat.
In 2010, a United States Fish and Wildlife Service listing decision prompted a Forest Service and Bureau of Land Management joint planning effort to amend Forest Service land management plans and Bureau of Land Management equivalents to incorporate conservation measures to support the continued existence of greater sage-grouse. This effort culminated in the Forest Service Greater Sage-grouse Records of Decisions that were signed on September 16, 2015.
On October 2, 2015, the United States Fish and Wildlife Service found that listing the greater sage-grouse under the Endangered Species Act was not warranted based on regulatory certainty from the conservation measures in the land management plan amendments and revisions, as well as on other private, state, and federal conservation efforts.
The Forest Service and Bureau of Land Management proposed plan modifications in 2017. Although the Forest Service completed its planning process in 2020, decisions were never finalized. The Bureau of Land Management continued revising its management plans and recently signed new Records of Decision in December 2024 and 2025.
The Planning Service Organization is responsible for completing land management plan revisions and programmatic amendments, leveraging knowledge from inside and outside the Forest Service to accomplish work across boundaries. This collaborative way of working improves both the quality of Forest Service land management plans, as well as internal and external relationships during and after the plan revision and amendment processes. The Planning Service Organization provides technical assistance to forests and grasslands with dedicated expert employees and contractors.
The PSO is supporting an effort to consider amending several Land Management Plans regarding management direction for greater sage-grouse. Changes in Bureau of Land Management plans, advances in science, and difficulties in implementing the 2015 GRSG amendments suggest a need to review LMPs and current management. To support the Planning Service Organization with the additional capacity needed for this effort, this PWS requests:
· Professional environmental consultant services to support completion of the Greater Sage-Grouse Programmatic LMP Amendment from evaluation of scoping comments on the need to change and proposed action through developing the final Record of Decisions.
The period of performance is tentative to start in August 2026 and continue through December 2028.
Please see attached Performance Work Statement for more information.
2. SPECIFICATIONS:
Please see attached Performance Work Statement for more information.
2.1 Key Personnel and Required Qualifications or Certifications
Please see attached Performance Work Statement for more information.
2.2 Government Property FAR 52.245-1 GOVERNMENT PROPERTY (SEP 2021)
Please see attached Performance Work Statement for more information.
3. PROJECT LOCATION AND DESCRIPTION
This work will mainly be conducted at the Contractor’s location/facility. However, if travel is required, the Contractor must submit “Request for Travel Authorizations (RTA)” (see attachment) to the Forest Service COR for approval a minimum of 2 weeks in advance of travel.
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
1. General Instructions
1. The Contractor shall conduct inspections of deliverables and record the results using procedures described herein. Inspections shall be maintained concurrent with contract work. Completed inspection forms shall be made available to the Government within 24 hours of completion of each deliverable and will remain part of the permanent contract file.
1. 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.
1. The Contractor shall submit legible inspection forms. Illegible and incomplete forms shall be returned to the Contractor for correction and re-submission.
1. 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).
4.3 GOVERNMENT INSPECTION PROCEDURES – COMPLIANCE INSPECTION:
Please refer to Performance Work Statement (PWS) Section 11. Performance Requirement Measures and the associated Quality Assurance Surveillance Plan (QASP) for additional information.
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 12/28/2028.
6. POST AWARD CONFERENCE
A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held virtually through Microsoft Teams (preferred) or other web-based platform.
7. EVALUATION CRITERIA:
The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 12.203 based on the criteria listed below. Award will be made to the offeror with the highest technically rated quotation with fair and reasonable pricing and acceptable or neutral past performance.
Contractor must send a technical capability statement briefly explaining how they intend to complete this project as far as time frame, personnel, quality assurance, and deliverables as well as explaining experience in project management, land management planning, completing Environmental Impact Statements, and Biological Assessments. Please note that using artificial intelligence (AI) to complete this work is not permitted under the resultant call order.
Technical Approach:
Evaluation of the quoter’s approach will consider the ability of the contractor to provide a sound and compliant approach that meets and shows a thorough understanding of all requirements outlined in Attachment 1 Performance Work Statement (PWS). It is the contractor's responsibility to ensure their quotation clearly demonstrates their capability to meet these requirements. All offerors must provide the following minimum information and documentation with their quotations to be considered responsive and have their offers evaluated:
1. Work Plan: The staffing and equipment available to perform this work during the contract period. What is your work plan to accomplish the requirements of this contract?
2. Quality Control: Describe who is responsible for Quality Control and how you intend to inspect and ensure work is performed within the acceptability threshold.
3. Experienced and Qualified Personnel – provide CVs for personnel demonstrating the qualifications outlined in Section 7 of the PWS (Contractor’s Key Personnel), including information regarding relevant education/work experience related to deliverables, as outlined therein.
Past Performance:
The Government may utilize any references provided by the Contractor, along with information available from past contracts/orders with the USDA and any information found using sources such as Federal Government sources or the Contractor Performance Assessment Reporting System (CPARS) to determine if the Contractor has acceptable or neutral Past Performance. Past Performance will be evaluated using the following rating system:
· Acceptable: The contractor shows a demonstrated ability to meet contract requirements in prior or current contracts, including quality of work, timeliness, cost control, business relations, and adherence to contract terms.
· Neutral: Offeror does not have a past performance record.
· Unacceptable: The contractor has a documented history of failing to meet contract requirements, including poor quality, missed deadlines, cost overruns, lack of responsiveness, or unethical behavior.
Evaluation Method:
All quotations will be evaluated to identify the offeror presenting the most technically advantageous solution based on the stated evaluation criteria. Once the highest technically rated offeror is identified, their price will be evaluated to determine whether it is fair and reasonable. Past performance will also be assessed to ensure it is acceptable or neutral.
Award will be made to the offeror whose proposal is determined to be the highest technically rated, provided that:
· The proposed price is fair and reasonable, and
· Past performance is assessed as acceptable or neutral.
Award will not necessarily be made to the lowest-priced offeror. Tradeoffs will not be conducted.
8. CONTRACTING OFFICER’S REPRESENTATIVE:
COR information will be provided upon award.
9. LIST OF ATTACHMENTS
| The following attachments are made a part of this solicitation and any resultant contract. |
| Title |
| Pages |
| Attachment 1: Performance Work Statement (PWS) |
| 19 |
| Attachment 2: Quality Assurance Surveillance Plan (QASP) |
| 9 |
| Attachment 3: Request for Travel Authorization |
| 1 |
| Attachment 4: MPSG Project Record Protocol 08-14 version |
| 10 |
| Attachment 5: Biological Assessment for Land Management Plan Template (USFS, PSO, May 2026) |
| 26 |
| Attachment 6: MPSG Master Styles Template |
| 1 |
| Attachment 7: Section 508 – Basic Document Resources |
| 2 |
| Attachment 8: Section 508 – Creating Accessible Documents |
| 13 |
| Attachment 9: Section 508 – Compliant Map Tools |
| 1 |
| Attachment 10: Section 508 – MS Excel Quick Card |
| 2 |
| Attachment 11: Section 508 – MS Word Quick Card |
| 2 |
| Attachment 12: Federal Register – 2012 Planning Rule |
| 17 |
| Attachment 13: 36 CFR 219 – Planning Objection Process Code of Federal Regulations |
| 31 |
| Attachment 14: Final USDA NEPA Regulations (April 2026) |
| 61 |
| Attachment 15: Draft USDA EIS ROD Template |
| 18 |
| FAR Class Deviations and Updates and Additional Clauses/Provisions (at end of this document) |
| 5 |
| Notice for Filing Agency Protests (at the end of this document) |
| 1 |
| FAR Overhaul Companion Guide |
| 1 |
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.
Additional Clauses and Provisions:
FAR 52.217-5 Evaluation of Options (NOV 2025)
FAR 52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days after award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
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
FAR Overhaul | FAR Companion Guide Oct 30, 2025 The Federal Acquisition Regulatory Council has released an update to the FAR Companion as part of the ongoing Revolutionary FAR Overhaul (RFO) Initiative, in accordance with Executive Order 14275 and OMB Memorandum M-25-26.
The following RFO update was posted on October 30, 2025:
· FAR Companion, Version 2.0, includes the initial release of FAR Companion (FC) parts 2, 3, 7, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 27, 30, 32, 37, 41, 42, 44, 45, 47, 48, 52, and 53.
· Version 2.0 also includes updates to previously released content: update to FC 8.104 pertaining to “required use” contracts and providing more information and resources on Category Management, including beta version content of the Category Management Buying Guide; update to FC 8.401 pertaining to evaluation factors; updates to FC 8.401(b) and FC 12.301 removing references to debriefings; new annotation under FC 8.401(b) related to sole source justification content for FSS orders; new annotation under FC 12.001 related to contracting methods for commercial construction; update to FC 11.204 to clarify brand name or equal as distinct from brand name justifications under FAR 6.104; updates to thresholds referenced due to the October 1, 2025 inflation adjustment rule; various citation corrections throughout; and changed “Reserved” to “No additional guidance” when the FAR Companion does not provide any practice recommendations for that associated FAR part.
· FAR Companion, Version 2 is posted on www.acquisition.gov/far-overhaul.
To view the FAR Companion, Version 2.0. inclusive of all parts and updates, visit: https://www.acquisition.gov/sites/default/files/page_file_uploads/far-companion.pdf To view all available rewritten FAR Parts and agency deviations, visit: https://www.acquisition.gov/far-overhaul/far-part-deviation-guide.
Stay informed. View the latest FAR Overhaul news and announcements at: https://www.acquisition.gov/far-overhaul.
File details come from the government source that posted it. Updated .