C05 - Solicitation Terms and Conditions.pdf

Title: Restock Drained Lake with Sport Fish RFQ Number: 12444126Q0046

Rev. 5/7/26

This Request for Quotation (RFQ) is prepared in accordance with Federal Acquisition Regulation (FAR) Part 8.4 and General Service Administration Regulation (GSAR) 538.71, as supplemented with additional information included in this notice. Proposed pricing must be offered against the contractor’s current schedule contract.

Statement of Requirement

Customer wishes to order largemouth bass to repopulate a recreation lake (Lake Vesuvius) that was drained and will be refilled. Based on the size of the lake and to establish a high-quality, self-sustainable recreational sport fishery, we need to stock the lake with 10,600 fingerling bass.

Since the Ohio Department of Natural Resources, Division of Wildlife (DOW) manages state waters and fish, the fish need to meet these state requirements:

2-4” fingerlings

Ohio health certifications

Ohio/regional genetics with no hybrids allowed

Delivery date of late-March or April 2027

Price Schedule

Item Supplies/Services Qty Unit Price Total Price 0001 Fingerling Largemouth Bass 10,600 $ $

Order Level Materials

Quoters shall clearly identify any proposed Order‑Level Materials (OLMs) in their quotation.

OLMs must be listed separately from MAS‑contract items and labor categories.

At a minimum, the quotation shall include the following for each OLM:

Item description

Quantity and unit of measure Unit price and extended price Vendor or source (if not provided by the prime) Price support (e.g., catalog pricing, vendor quote)

Quoters shall certify that all proposed OLMs are not awarded items on their Multiple Award Schedule contract.

OLMs shall not be embedded in labor rates or other CLINs.

The Government may reject or remove any item not clearly identified and supported as an OLM.

Delivery Information

F.o.b. destination is requested as the F.O.B. point for all deliverables.

All offers will be considered F.O.B. Destination unless F.O.B. origin is specified AND estimated shipping costs are included.

Shipping Instructions:

Delivery to address below:

Lake Vesuvius boat ramp (38.6100, -82.6346) 472 County Road 20 Pedro, OH 45659

Technical Data –

Technical data and supporting documentation associated with this solicitation are available through the following sources:

Solicitation Attachments The following documents are included as attachments to this solicitation and can be accessed via the “Attachments/Links” section of the posting.

Attachment 1 – Solicitation Terms and Conditions Attachment 2- 1449

NOTES TO VENDOR:

Submit offer by email to thomas.wolterman@usda.gov so that it is delivered into this inbox by the due date and time. Emails should contain 2 separate attachments (Technical Proposal and Price Proposal) in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email. It is the offerors responsibility to confirm receipt of the offer.

Late submissions will not be accepted.

Offers are due by July 29, 2026 @ 1700 ET.

Questions shall be submitted via email to thomas.wolterman@usda.gov and are due no later than June 27, 2026 @ 1000 ET. This will ensure enough time to respond before the solicitation period ends. Please include the solicitation name and number as the subject line of the email.

Contract Clauses

All FAR clauses contained in the GSA schedule contract will be applicable to any resultant order.

Delivery date of late-March or April 2027

United States Department of Aquiculture Acquisition Regulation (AGAR) Clauses 452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (May 2026)

The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation.

452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (May 2026)

(a) By entering into this contract, the contractor certifies that:

(1) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.

(2) Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution, and the contractor and any subcontractor or teaming partner will not do so for the duration of the contract.

(b) If the contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to contractor’s compliance with the above requirements and/or eligibility for the contract may subject the contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) The contractor must include the provisions of this clause in all subcontract solicitations.

(g) Failure on the part of the contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.

(End of Clause)

452.204–70 Modification for Contract Closeout (Nov 2025)

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature.

The Contracting Officer shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The Contracting Officer may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 60 days, the Contracting Officer shall release the modification as unilateral and proceed with contract close-out upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the Contracting Officer shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and a ‘‘Contractor Release of Claims’’ and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the Contracting Officer within 120 days, the Contracting Officer shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(End of Clause)

Solicitation Information

Award Type

It is anticipated that a Firm-Fixed Price Purchase Order will be awarded as a result of this request for quotation.

Basis on which Selection will be made:

Award Method: Lowest Price, Technically Acceptable

The Government will not accept quoted prices that are higher than the offeror’s current price published in the General Services Administration Schedule.

FAR Solicitation Provisions (Incorporated by Reference)

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Nov 2025)

AGAR Provisions

452.203-70 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Certification (Dec 2025)

(a) By submission of its offer, the offeror certifies that:

(1) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution.

(2) Neither it nor any proposed subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution.

(b) If the offeror participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, by submission of its offer, the offeror certifies that it is compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

(c) The offeror affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the offeror will not be eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.

(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.

(e) Submission of a knowing false statement relating to offeror’s compliance with the above requirements and/or eligibility for the contract may subject the offeror to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

(f) Failure on the part of the offeror or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate the contract for default.

(End of Provision)

452.211-70 Brand Name or Equal (May 2026)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-

1. Meet the salient physical, functional, or performance characteristics specified in this solicitation;

2. Clearly identify the item by-

i. Brand name, if any; and

ii. Make or model number;

3. Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer;

and

4. Clearly describe any modifications the offeror plans to make to a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

© The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror must provide the brand name product referenced in the solicitation.

(End of provision)