C05_CSS_Commerical Products and Services_Revised 22 Apr 2026 1232SA26Q0567.docx
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- Attached to
- Retention Pond Vegetation Removal Federal contract opportunity
- Solicitation number
- 1232SA26Q0567
About this file
This is a Request for Quotation (RFQ) for Retention Pond Vegetation Removal services at the USDA Agricultural Research Service (ARS) facility in Gainesville, Florida (1700 SW 23rd Dr, Gainesville, FL 32608). The solicitation number is 1232SA26Q0567 and is issued as a combined synopsis/solicitation for commercial items under FAR Part 12. This is a Total Small Business Set-Aside acquisition with a NAICS code of 561730 and a small business size standard of $9.5 million. A firm-fixed price requirements contract is anticipated, with the Government intending to make one award. The Government requires quotations covering all items to be considered responsive. Quotations must be submitted electronically to lynn.hults@usda.gov no later than 4:00 pm Central Standard Time on May 22, 2026. The deadline for question submission is 3:00 pm CST on May 19, 2026. A mandatory site visit has been scheduled for Wednesday, May 13, 2026, at 8:00 am EST, with attendee names due by 2:00 pm CST on May 12, 2026. Vendors must be active and registered in the System for Award Management (SAM.gov) when submitting quotations and at time of award.
Quotations must include detailed descriptions of capability to perform the retention pond vegetation removal work, relevant experience providing similar services to government agencies or organizations, and past performance history. Quotes that merely offer to provide the work as described without additional information will not receive further consideration. Award will be made to the offeror representing the best value to the Government. Payment will be made through the Department of the Treasury Invoice Processing Platform (IPP.gov). Service Contract Labor Standards apply, with a wage determination provided for a Laborer, Grounds Maintenance position at $17.01 per hour. Various FAR and USDA Acquisition Regulation (AGAR) clauses apply, including provisions related to small business utilization, anti-discrimination compliance, equal opportunity, environmental sustainability, and security requirements. Contractors must comply with anti-discrimination and diversity, equity, and inclusion (DEI) certification requirements and workforce integrity provisions.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Pond Elevation.jpeg | JPEG file | |
| Pond sign-in sheet.pdf | ||
| C05a_Highest Technically Rated with Fair and Reasonable Pricing Evaluation Criteria 1232SA26Q0567.docx | DOCX document | |
| C05_CSS_Commerical Products and Services_Revised 22 Apr 2026 1232SA26Q0567.docx | DOCX document | |
| Wage Rates 2015-4537 Rev 29 042926.pdf | ||
| Highest Technically Rated with Fair and Reasonable Pricing Evaluation Criteria 1232SA26Q0567.docx | DOCX document | |
| SOW_Retention Pond.docx | DOCX document |
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Attachment 1 - Solicitation Terms and Conditions Solicitation Number:
Retention Pond Vegetation Removal
1232SA26Q0567
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 1232SA26Q0567 is issued as a Request for Quotation (RFQ) for Retention Pond Vegetation Removal for Center for Medical, Agricultural and Veterinary Entomology, Gainesville, FL.
This acquisition is set-aside for small business concerns. The applicable North American Industry Classification Standard Code is 561730 The small business size standard is $9.5 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
This requirement is for the Retention Pond Vegetation Removal in accordance with the statement of work.
Vendors are required to be active and registered in the System for Award Management at www.sam.gov when submitting a quote and at time of award (FAR 52.204-7(b)(1)). Payment will be made utilizing the Department of the Treasury Invoice Processing Platform at www.ipp.gov. SAM.gov and IPP.gov are free, official websites of the United States government.
Quotes are due no later than 4:00 pm Central Standard Time on May 22, 2026. Quotes must be submitted electronically, e-mailed to lynn.hults@usda.gov; no faxed or hard copy quotes are allowed.
Responses must include a detailed description of the capability to collect the required Retail Food Store Location and Characteristics Data, any relevant experience providing this type of data to other government agencies or organizations, and past performance history. Quotes that merely offer to provide the data as described in the SOW without any additional information will not receive further consideration for award.
The final day for question submission is 3:00 pm Central Standard Time on May 19, 2026.
Federal Acquisition Regulation (FAR) and United States Department of Agriculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions. Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.
As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
| 52.212-4 | Terms and Conditions—Commercial Products and Commercial Services (Nov 2025) | ||
| ☐ Alternate I (Nov 2025) of 52.212-4 | Comment by Taber, Crystal - OCP, NV: When expecting to award a time-and-materials or labor-hour contract or when expecting that orders will include time-and-material line items. | ||
| 52.203-17 | Contractor Employee Whistleblower Rights (Nov 2023) | ||
| 52.203-19 | Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements | (Jan 2017) | |
| 52.222-50 | Combating Trafficking in Persons (Nov 2025) | ||
| ☐ Alternate I (Nov 2025) of 52.222-50 | Comment by Taber, Crystal - OCP, NV: When the contract will be performed outside the United States and the contracting officer has been notified of specific U.S. directives or notices regarding combating trafficking in persons (such as general orders or military listings of “off-limits” local establishments) that apply to contractor employees at the contract place of performance. | ||
| 52.226-8 | Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) | ||
| 52.232-39 | Unenforceability of Unauthorized Obligations (Jun 2013) | ||
| 52.232-40 | Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) | ||
| 52.233-3 | Protest After Award (Sep 2025) | ||
| 52.233-4 | Applicable Law for Breach of Contract Claim (Sep 2025) | ||
| 52.240-91 | Security Prohibitions and Exclusions (Nov 2025) | ||
| ☐ Alternate I (Nov 2025) of 52.240-91 | Comment by Taber, Crystal - OCP, NV: Insert the clause with its Alternate I in- |
(1) Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts; and
(2) Where the program office or the requiring activity instructs the contracting officer to select specific types of FASCSA orders.
52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)
The following clauses are applicable if checked:
| ☐ 52.203-6 | Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I | (Nov 2021) of 52.203-6 | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts exceeding the simplified acquisition threshold. For the acquisition of commercial products or commercial services, the contracting officer must use the clause with its Alternate I. | |
| ☐ 52.203-13 | Contractor Code of Business Ethics and Conduct (Nov 2021) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts if the value of the contract is expected to exceed $7.5 million and the performance period is 120 days or more. | ||
| ☐ 52.204-9 | Personal Identity Verification of Contractor Personnel Jan 2011 | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts when contract performance require contractors to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. | ||
| ☐ 52.204-13 | System for Award Management—Maintenance (Nov 2025) | Comment by Taber, Crystal - OCP, NV: When offerors are required to be registered in SAM. | ||
| ☐ 52.204-91 | Contractor identification (Nov 2025) | Comment by Taber, Crystal - OCP, NV: When offerors are not required to be registered in SAM. | ||
| ☐ 52.209-6 | Protecting the Government’s Interest When Subcontracting with | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts where the contract value exceeds $45,000. | ||
| Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) | ||||
| ☐ 52.209-9 | Updates of Publicly Available Information Regarding Responsibility | Comment by Taber, Crystal - OCP, NV: (1) In solicitations where the resultant contract value is expected to exceed $750,000; and |
(2) In contracts in which the offeror checked “has” in paragraph (b) of the provision at 52.209-7.
| Matters (Sep 2025) | ||||
| ☒ 52.209-10 | Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025) | Comment by Taber, Crystal - OCP, NV: Each solicitation and contract for the acquisition of products or services (including construction). | ||
| ☐ 52.219-4 | Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov | 2025) | Comment by Taber, Crystal - OCP, NV: Solicitations for acquisitions conducted using full and open competition. | |
| ☒ 52.219-6 | Notice of Total Small Business Aside (Nov 2025) | Comment by Taber, Crystal - OCP, NV: Solicitations involving total small business set-asides. | ||
| ☐ Alternate I (Mar 2020). | Comment by Taber, Crystal - OCP, NV: When including FPI in the competition in accordance with 19.104-1(d). | |||
| ☐ 52.219-8 | Utilization of Small Business Concerns (Nov 2025) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts when the contract amount is expected to exceed the simplified acquisition threshold unless— |
(i) A personal services contract is considered (see 37.104); or
(ii) The contract, together with all of its subcontracts, will be performed entirely outside of the United States and its outlying areas.
| ☐ 52.219-9 | Small Business Subcontracting Plan (Nov 2025) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts that offer subcontracting possibilities are expected to exceed $900,000 ($2 million for construction of any public facility), and are required to include the clause at 52.219-8, unless the acquisition is set aside or is to be accomplished under the 8(a) program. |
| ☐ Alternate III (Nov 2025) of 52.219-9. | Comment by Taber, Crystal - OCP, NV: The contract action will not be reported in the Federal Procurement Data System pursuant to part 4. | |
| ☐ Alternate IV (Nov 2025) of 52.219-9 | Comment by Taber, Crystal - OCP, NV: The contracting officer must require the contractor to submit a subcontracting plan for the contract if— |
(i) A contract modification causes the value of a contract without a subcontracting plan to exceed the subcontracting plan threshold (see 19.109(a)); and
(ii) The contracting officer determines that subcontracting opportunities exist.
☐ 52.219-14 Limitations on Subcontracting (Nov 2025) Comment by Taber, Crystal - OCP, NV: Solicitations and contracts—
(1) For supplies, services, and construction, if any portion of the requirement is to be set aside for small business and the contract amount is expected to exceed the simplified acquisition threshold, and in any solicitations and contracts that are set aside or awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108, regardless of dollar value. This includes multiple-award contracts when orders may be set aside for small business concerns, as described in subpart 8.4 and subpart 16.5. For contracts that are set aside, the contracting officer must indicate in paragraph (f) of the clause whether compliance with the limitations on subcontracting is required at the contract or order level;
(2) Using the HUBZone price evaluation preference (see 19.110). However, if the prospective contractor waived the use of the preference, or is an other than small business, do not insert the clause in the resultant contract.
| ☐ 52.219-16 | Liquidated Damages—Subcontracting Plan (Nov 2025) | Comment by Taber, Crystal - OCP, NV: In contracts containing the clause at 52.219-9, Small Business Subcontracting Plan, with its Alternate IV. |
| ☐ 52.219-33 | Nonmanufacturer Rule (Nov 2025) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts, including multiple-award contracts, when orders may be set aside for small business concerns as described in subpart 8.4 and subpart 16.5, when— |
(i) the item being acquired has been assigned a manufacturing or supply NAICS code, and— (ii)
(A) Any portion of the requirement is to be—
(1) Set aside for small business and is expected to exceed the simplified acquisition threshold; or
(2) Set aside or awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108, regardless of dollar value; or
(B) Using the HUBZone price evaluation preference (see 19.110). However, if the prospective contractor waived the use of the price evaluation preference, or is an other than small business, do not insert the clause in the resultant contract.
☐ 52.222-3 Convict Labor (June 2003) Comment by Taber, Crystal - OCP, NV: In solicitations and contracts above the micro-purchase threshold, when the contract will be performed in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands; unless—
(a) The contract will be subject to 41 U.S.C. chapter 65 (see subpart 22.6 and 22.602), which contains a separate prohibition against the employment of convict labor;
(b) The supplies or services are to be purchased from Federal Prison Industries, Inc. (see subpart 8.6); or
(c) The acquisition involves the purchase, from any State prison, of finished supplies that may be secured in the open market or from existing stocks, as distinguished from supplies requiring special fabrication.
| ☒ 52.222-19 | Child Labor—Cooperation with Authorities and Remedies (Nov 2025) | Comment by Taber, Crystal - OCP, NV: In all solicitations and contracts for the acquisition of supplies that are expected to exceed the micro-purchase threshold. |
| ☐ 52.222-35 | Equal Opportunity for Veterans (Nov 2025) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts if the expected value is $150,000 or more, except when— |
(i) Work is performed outside the United States by employees recruited outside the United States; or
(ii) The Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, has waived, in accordance with 22.1302-3(a) or the head of the agency has waived, in accordance with 22.1302-3(b), all of the terms of the clause.
| ☐ Alternate I (Jul 2014) of 52.222-35 | Comment by Taber, Crystal - OCP, NV: If the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, or the head of the agency waives one or more (but not all) of the terms of the clause, use the basic clause with its Alternate I. | |
| ☒ 52.222-36 | Equal Opportunity for Workers with Disabilities (Nov 2025) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts that exceed or are expected to exceed $15,000, except when— |
(i) Both the performance of the work and the recruitment of workers will occur outside the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island; or
(ii) The Director of OFCCP or agency head has waived, in accordance with 22.1401-3(a) or (b) all the terms of the clause.
| ☐ Alternate I (Jul 2014) of 52.222-36 | Comment by Taber, Crystal - OCP, NV: If the Director of OFCCP or agency head waives one or more (but not all) of the terms of the clause in accordance with 22.1401-3(a) or (b), use the basic clause with its Alternate I. | |
| ☐ 52.222-37 | Employment Reports on Veterans (Nov 2025) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts containing the clause at 52.222-35, Equal Opportunity for Veterans. |
| ☐ 52.222-40 | Notification of Employee Rights Under the National Labor Relations Act (Dec 2010 | Comment by Taber, Crystal - OCP, NV: All solicitations and contracts, including acquisitions for commercial products, commercial services, and commercially available off-the-shelf items, except acquisitions— |
(1) Under the simplified acquisition threshold. For indefinite-quantity contracts, include the clause only if the value of orders in any calendar year of the contract is expected to exceed the simplified acquisition threshold;
(2) For work performed exclusively outside the United States; or
(3) Covered (in their entirety) by an exemption granted by the Secretary.
☒ 52.222-41 Service Contract Labor Standards (Aug 2018) Comment by Taber, Crystal - OCP, NV: In solicitations and contracts (except as provided in paragraph (b)(2) of this subsection) if the contract is subject to the Service Contract Labor Standards statute and is—
(i) Over $2,500; or
(ii) For an indefinite dollar amount and the contracting officer does not know in advance that the contract amount will be $2,500 or less.
(2) The contracting officer must not insert the clause at 52.222-41 (or any of the associated Service Contract Labor Standards statute clauses as prescribed in this subsection for possible use when 52.222-41 applies) in the resultant contract if—
(i) The solicitation includes the provision at—
(A) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification; or
(B) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification; and
(ii) The contracting officer has made the determination, in accordance with paragraphs (e)(3) or (f)(3) of subsection 22.1002-1, that the Service Contract Labor Standards statute does not apply to the contract. (In such case, insert the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements, or 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements, in the contract, in accordance with the prescription at paragraph (e)(2)(ii) or (e)(4)(ii) of this subsection).
☒ 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) Comment by Taber, Crystal - OCP, NV: Solicitations and contracts if the contract amount is expected to be over $2,500 and the Service Contract Labor Standards statute is applicable.
This Statement is for Information Only:
It is not a Wage Determination
| Employee Class |
| Monetary Wage -- Fringe Benefits |
| Laborer, Grounds Maintenance |
| $17.01 |
| ☐ 52.222-43 | Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) | Comment by Taber, Crystal - OCP, NV: In solicitations and contracts if the contract is expected to be a fixed-price, time-and-materials, or labor-hour service contract containing the clause at 52.222-41, Service Contract Labor Standards, and is a multiple year contract or is a contract with options to renew which exceeds the simplified acquisition threshold. |
| ☐ 52.222-44 | Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) | Comment by Taber, Crystal - OCP, NV: In solicitations and contracts if the contract is expected to be a fixed-price, time-and-materials, or labor-hour service contract containing the clause at 52.222-41, Service Contract Labor Standards, exceeds the simplified acquisition threshold, and is not a multiple year contract or is not a contract with options to renew. |
| ☐ 52.222-51 | Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) | Comment by Taber, Crystal - OCP, NV: In solicitations that include the provision at 52.222-48; and |
(ii) In resulting contracts in which the contracting officer has determined, in accordance with 22.1002-1(e)(3), that the Service Contract Labor Standards statute does not apply.
☐ 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (Nov 2025) Comment by Taber, Crystal - OCP, NV: In solicitations that include the provision at 52.222-52; and
(ii) In resulting contracts in which the contracting officer has determined, in accordance with 22.1002-1(e)(3), that the Service Contract Labor Standards statute does not apply.
☐ 52.222-54 Employment Eligibility Verification (Nov 2025) Comment by Taber, Crystal - OCP, NV: All solicitations and contracts that exceed $150,000, except those that—
(a) Are only for work that will be performed outside the United States;
(b) Are for a period of performance of less than 120 days; or
(c) Are only for—
(1) Commercially available off-the-shelf items;
(2) Items that would be COTS items, but for minor modifications (as defined at paragraph (3)(ii) of definition of “commercial product” at 2.101;
(3) Items that would be COTS items if they were not bulk cargo; or
(4) Commercial services that are—
(i) Part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications);
(ii) Performed by the COTS provider; and
(iii) Are normally provided for that COTS item.
| ☐ 52.222-62 | Paid Sick Leave Under Executive Order 13706 (Jan 2022) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts that include the clause at 52.222-6, Construction Wage Rate Requirements, or 52.222-41, Service Contract Labor Standards, where work is to be performed, in whole or in part, in the United States (the 50 States and the District of Columbia). | ||||
| ☒ 52.222-90 | Addressing DEI Discrimination by Federal Contractors (Apr 2026) | Comment by Taber, Crystal - OCP, NV: In solicitations and contracts, including those for commercial products and commercial services, except those that result in contracts for which the place of delivery or performance is outside the United States. | ||||
| ☐ 52.223-2 | Reporting of Biobased Products Under Service and Construction Contracts (Nov | 2025) | Comment by Taber, Crystal - OCP, NV: In service and construction solicitations and contracts, unless the contract will not involve the use of biobased products in USDA-designated product categories. | |||
| ☐ 52.223-9 | Estimate of Percentage of Recovered Material Content for EPA-Designated Items | (May 2008) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts exceeding $200,000 that are for, or specify the use of, EPA-designated items containing recovered materials. If technical personnel advise that estimates can be verified, use the clause with its Alternate I. | |||
| ☐ Alternate I (May 2008) of 52.223-9 | Comment by Taber, Crystal - OCP, NV: If technical personnel advise that estimates can be verified, use the clause with its Alternate I. | |||||
| ☐ 52.223-11 | Ozone-Depleting Substances and High Global Warming Potential | Hydrofluorocarbons (Nov 2025) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts that may include products that may contain or be manufactured with ozone-depleting substances. | |||
| ☐ 52.223-12 | Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air | Conditioners (Nov 2025) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts that include the maintenance, service, repair, or disposal of refrigeration equipment or air conditioners. | |||
| ☒ 52.223-23 | Sustainable Products and Services (Nov 2025) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts unless a written justification or exception (see 23.103(b) and 23.105, respectively) covers the entire acquisition. | ||||
| ☐ 52.224-3 | Privacy Training (Jan 2017) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts when, on behalf of the agency, contractor employees will— |
(1) Have access to a system of records;
(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or
(3) Design, develop, maintain, or operate a system of records.
| ☐ Alternate I (Jan 2017) of 52.224-3 | Comment by Taber, Crystal - OCP, NV: When an agency specifies that only its agency-provided training is acceptable, use the clause with its Alternate I. | |
| ☐ 52.225-1 | Buy American-Supplies (Nov 2025) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts with a value exceeding the micro-purchase threshold but not exceeding $50,000; and in solicitations and contracts with a value exceeding $50,000, if none of the clauses prescribed in paragraphs (b) and (c) of this section apply, except if— |
(A) The solicitation is restricted to domestic end products in accordance with 6.103;
(B) The acquisition is for supplies for use within the United States and an exception to the Buy American statute applies (e.g., public interest, or information technology that is a commercial product), other than individual nonavailability waiver determinations (see 25.103(b)(2)); or
(C) The acquisition is for supplies for use outside the United States.
| ☐ Alternate I (Oct 2022) of 52.225-1 | Comment by Taber, Crystal - OCP, NV: The contracting officer must use the clause with its Alternate I to reflect the domestic content threshold that will apply to the entire period of performance, when the senior procurement executive allows for application of an alternate domestic content test for the contract in accordance with 25.101(d). | |
| ☐ 52.225-3 | Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025) | Comment by Taber, Crystal - OCP, NV: In solicitations and contracts if— |
(A) The acquisition is for supplies, or for services involving the furnishing of supplies, for use within the United States, and the acquisition value is $50,000 or more, but is less than $174,000;
(B) The acquisition is not for information technology that is a commercial product, using fiscal year 2004 or subsequent fiscal year funds; and
(C) No exception in 25.401 applies. For acquisitions of agencies not subject to the Israeli Trade Act (see 25.406), see agency regulations.
| ☐ Alternate II (Nov 2025) of 52.225-3. | Comment by Taber, Crystal - OCP, NV: If the acquisition value is $50,000 or more but is less than $100,000, use the clause with its Alternate II. | ||
| ☐ Alternate III (Nov 2025) of 52.225-3. | Comment by Taber, Crystal - OCP, NV: If the acquisition value is $100,000 or more but is less than $102,280, use the clause with its Alternate III. | ||
| ☐ Alternate IV (Oct 2022) of 52.225-3 | Comment by Taber, Crystal - OCP, NV: Use the clause with its Alternate IV to reflect the domestic content threshold that will apply to the entire period of performance, when the senior procurement executive allows for application of an alternate domestic content test for the contract in accordance with 25.102(d). | ||
| ☐ 52.225-5 | Trade Agreements (Nov 2023) | Comment by Taber, Crystal - OCP, NV: n solicitations and contracts valued at $174,000 or more, if the acquisition is covered by the WTO GPA (see subpart 25.4) and the agency has determined that the restrictions of the Buy American statute are not applicable to U.S.-made end products. | |
| ☐ 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic | or Consular Mission outside the United States (May 2020) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts, other than personal service contracts with individuals, that will require contractor personnel to perform outside the United States— |
(a) In a designated operational area during—
(1) Contingency operations;
(2) Humanitarian or peacekeeping operations; or
(3) Other military operations or military exercises, when designated by the combatant commander; or
(b) When supporting a diplomatic or consular mission—
(1) That has been designated by the Department of State as a danger pay post, see https://aoprals.state.gov/; or
(2) That the contracting officer determines is a post at which application of the clause FAR 52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States, is appropriate.
☐ 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct 2016) Comment by Taber, Crystal - OCP, NV: Solicitations and contracts for performance outside the United States in an area of—
(1) Combat operations, as designated by the Secretary of Defense; or
(2) Other significant military operations, as designated by the Secretary of Defense and only upon agreement of the Secretary of Defense and the Secretary of State.
| ☐ 52.226-4 | Notice of Disaster or Emergency Area Set-Aside (Nov 2007) | Comment by Taber, Crystal - OCP, NV: In solicitations and contracts involving local area set-asides. |
| ☐ 52.226-5 | Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts involving local area set-asides. |
| ☐ 52.229-12 | Tax on Certain Foreign Procurements | Comment by Taber, Crystal - OCP, NV: Solicitations that contain the provision at 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation; and |
(2) Resulting contracts for which the contractor indicated it was a foreign person in solicitation provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation.
| ☐ 52.232-29 | Terms for Financing of Purchases of Commercial Products and Commercial Services | Comment by Taber, Crystal - OCP, NV: When the contract will provide for contract financing. |
| (Nov 2021) | ||
| ☐ 52.232-30 | Installment Payments for Commercial Products and Commercial Services | Comment by Taber, Crystal - OCP, NV: In solicitations and contracts in lieu of constructing a specific clause in accordance with paragraphs (b) through (e) of this section, if the contract action qualifies under the criteria at 32.202-1(b) and installment payments for the item are either customary or are authorized in accordance with agency procedures. |
| (Nov 2021) | ||
| ☒ 52.232-33 | Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts that include the provision at 52.204-7, System for Award Management, or an agency clause that requires a contractor to be registered in SAM and maintain registration until final payment, unless— |
(i) Payment will be made through a third party arrangement (see 13.301 and paragraph (d) of this section); or
(ii) An exception listed in 32.1103(a) through (i) applies.
| ☐ 52.232-34 | Payment by Electronic Funds Transfer—Other Than System for Award Management | (Jul 2013) | Comment by Taber, Crystal - OCP, NV: If the head of the agency has authorized, in accordance with 32.1106, to use a nondomestic EFT mechanism, insert in solicitations and contracts a clause substantially the same as 52.232-33 or 52.232-34 that clearly addresses the nondomestic EFT mechanism. | |
| ☐ 52.232-36 | Payment by Third Party (Nov 2025) | Comment by Taber, Crystal - OCP, NV: If payment under a written contract will be made by a charge to a Government account with a third party such as a Governmentwide commercial purchase card, insert the clause at 52.232-36, Payment by Third Party, in solicitations and contracts. | ||
| ☐ 52.237-2 | Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) | Comment by Taber, Crystal - OCP, NV: Insolicitations and contracts for services to be performed on Government installations, unless a construction contract is contemplated. | ||
| ☐ 52.237-3 | Continuity of Services (Jan 1991) | Comment by Taber, Crystal - OCP, NV: In solicitations and contracts for services, when— |
(1)The services under the contract are considered vital to the Government and must be continued without interruption and when, upon contract expiration, a successor, either the Government or another contractor, may continue them; and (2)The Government anticipates difficulties during the transition from one contractor to another or to the Government. Examples of instances where use of the clause may be appropriate are services in remote locations or services requiring personnel with special security clearances.
| ☐ 52.240-92 | Security Requirements (Nov 2025) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts when the contract may require access to classified information. |
| ☐ 52.240-93 | Basic Safeguarding of Covered Contractor Information Systems (No 2025) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or moving through its information system. |
| ☐ 52.247-64 | Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025) | Comment by Taber, Crystal - OCP, NV: Solicitations and contracts that may involve ocean transportation of supplies subject to the Cargo Preference Act of 1954. |
| ☐ Alternate I (Apr 2023) of 52.247-64. | Comment by Taber, Crystal - OCP, NV: If a statute or agency procedures require transportation of the supplies furnished under the contracts exclusively in privately owned U.S.-flag commercial vessels (see 47.502(b) and 47.503(b)), use the clause with its Alternate I. | |
| ☐ Alternate II (Nov 2021) of 52.247-64 | Comment by Taber, Crystal - OCP, NV: Except for contracts or agreements for ocean transportation services or construction contracts, use the clause with its Alternate II if any of the supplies to be transported are commercial products that are shipped in direct support of U.S. military— |
(i) Contingency operations;
(ii) Exercises; or
(iii) Forces deployed in connection with United Nations or North Atlantic Treaty Organization humanitarian or peacekeeping operations.
Other Applicable Clauses
| 52.233-1 | Disputes |
| 52.233-3 | Protest after Award |
| 52.233-4 | Applicable Law for Breach of Contract Claim |
| 52.249-1 | Termination for Convenience of the Government 9Fixed-Price)(Short Form)(Apr 1984) |
AGAR Clauses
452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec 2025)
(a) By entering into this contract, the Contractor certifies that:
It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.
Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution, and the Contractor and any subcontractor or teaming partner will not do so for the duration of the contract.
(b) If the Contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the Contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.
(c) The Contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the Contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.
(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.
(e) Submission of a knowing false statement relating to Contractor’s compliance with the above requirements and/or eligibility for the contract may subject the Contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.
(f) The Contractor must include the provisions of this clause in all subcontract solicitations.
(g) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.
(End of Clause)
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.
(End of Clause)
452.204–70 Modification for Contract Closeout (Apr 2026) Comment by Taber, Crystal - OCP, NV: Include in in all non-cost reimbursement solicitations and contracts.
(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 deobligation. 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 deobligation 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 deobligation 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)
452.204‑71 Personal Identity Verification and Workforce Integrity of Contractor Employees (Apr 2026) Comment by Taber, Crystal - OCP, NV: In all solicitations and contracts that include FAR 52.204‑9 or where the contractor will have access to any Government system whether in office or remotely.
(a) Compliance with PIV Requirements. The contractor must comply with the personal identity verification (PIV) policies and procedures established by the United States Department of Agriculture (USDA) Directives 4620‑002 series, Homeland Security Presidential Directive 12, and any implementing guidance issued by the Contracting Officer. The contractor must appoint a representative responsible for PIV compliance and must maintain a current list of employees eligible for a USDA LincPass or otherwise authorized to perform work under this contract.
(b) PIV Sponsor Availability. The PIV Sponsor for this contract is the designated Government point of contact identified in the contract, typically the COR unless otherwise specified. The Government will notify the contractor of any changes. The contractor remains responsible for meeting all PIV obligations regardless of changes in sponsor availability.
(c) Contractor Workforce Integrity and Accountability. The contractor is fully responsible for ensuring that all individuals performing under this contract are properly vetted, eligible for access, authorized to perform the work, and accurately represented. At a minimum, the contractor must implement lawful and effective internal controls to:
1. Verify the identity, work authorization, and qualifications of all personnel assigned;
1. Ensure only the individuals presented to USDA for PIV enrollment or identity verification perform work;
1. Detect and address indicators of identity fraud, unauthorized substitution, or other workforce integrity risks; and
1. Ensure continuous oversight of personnel, including remote workers, in accordance with any reporting requirements specified in the Contract.
(d) Mandatory Removal and Replacement. If the Government determines that a contractor employee fails to meet eligibility, security, integrity, or performance requirements, the Contracting Officer may direct the contractor to remove the individual from performance. The contractor must:
1. Remove the employee immediately upon notice;
1. Provide a qualified replacement at no additional cost to the Government; and
1. Ensure continuity of operations so as not to impact mission requirements.
1. Failure to promptly remove or replace employees when directed may result in remedies including withholding payment, termination, or other actions authorized under this contract.
(e) Impact on Contractor Performance. Contractor compliance with this clause, including timely removal and replacement of personnel, adherence to PIV requirements, and maintenance of workforce integrity, is a material requirement of this contract.
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