Combined Synopsis 12319826Q5018 _Farm Machinery Planter.pdf

12319826Q5018 - Farm Machinery Planter

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in

FAR 12.6 as supplemented with additional information included in this notice. The incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2026-01.

The solicitation umber 12319826Q5018 is being issued as a Request for Quote (RFQ) for a Farm Machinery

Planter. The NAICS Code for the solicitation is 333111 and the Small Business Size Standard is 1,250. The requirement will be awarded as a Firm-Fixed Price (FFP) contract. The requirement will be a 100% Small

Business Set-aside. Prospective Offerors are responsible for downloading the solicitation and any amendments from SAM.gov. The Government reserves the right to award a contract without discussions if the Contracting

Officer determines that the initial offer is providing the best value to the Government and discussions are not necessary.

The Government intends to issue a single Purchase Order.

BACKGROUND AND OVERVIEW

The United States Department of Agriculture (USDA), Food and Nutrition Administration (FNA) on behalf of the Agricultural Research Service (ARS) seeks to acquire a high-capacity farm machinery planter to support soil research for the Integrated Cropping Systems at the Agricultural Research Service (ARS) in accordance with the salient characteristics in the solicitation.

STATEMENT OF WORK (SOW)

Project Title: The USDA Integrated Cropping Systems Research requires a Farm Machinery Planter inclusive of a Trade-In credit for a 1989 John Deere 7200 Planter to be applied toward the new equipment purchase.

1. Project Requirements: The USDA Integrated Cropping Systems Research requires a Farm Machinery

Planter inclusive of a Trade-In credit for a 1989 John Deere 7200 Planter to be applied toward the new equipment purchase.

2. Description of Work:

a. Contractor shall appraise the existing 1989 John Deere 7200 planter to provide a trade-in value.

b. Contractor shall provide a new planter delivered to 3714 Western Ave, Brookings, SD 57006.

c. Must have a Manufacturer’s Certificate of Origin for the end item and corresponding Certificates of Origin for all major parts and components at the time of quote submission.

d. Specifications of the planter include the following:

(1) John Deere, 1745 Planter or Equal

(2) The implement must have the ability to plant eight (planting) rows at a time.

(3) 30 inch Row Spacing

(4) Seed Drive, Mechanical Transmission

(5) Pro-Shaft Drive

(6) 1.6 Bushel Seed Hoppers

(7) Markers with 16 inch notched disks, depth gauging bands and control connected to planter lift

(8) openers with single walking spoked gauge wheels

(9) Steel scrapers

(10) Pneumatic down force system – manual

(11) Rubber tire closing system

(12) Regular Seed tube with a system that monitors seed delivery to the ground to help control population (number of seeds per acre).

(13) Screw adjust unit mounted row cleaner

(14) The arms must be 23 inches from pivot center to pivot center to keep the planter row units riding at the correct depth and angle.

(15) Must have two, 150-gallon liquid fertilizer tanks with a piston pump and single disk openers.(Liquid Fertilizer sold separately).

(16) Must have a monitoring system that tracks population (number of seeds per acre) and spacing in real time.

(17) Fertilizer pressure sensor for Monitor System

(18) Promax 40 flat corn discs

(19) Soybean seed metering disk

e. Assembly Required – assembly will be required at no additional cost.

f. FOB Destination

3. Period of Performance: Delivery within 210 days of award date.

4. Place of Performance: Deliver to 3714 Western Ave, Brookings, SD 57006.

The delivery shall be during regular business hours (Monday-Friday) during the times of 8:00 AM – 4:00 PM

Central Daylight Time, excluding holidays.

5. Submittals: Contractor shall provide a printed manual with relevant illustrations, standard schedules, performance charts, instructions, brochures, diagrams, or manufacturer descriptive literature, or catalog data.

6. Warranty: Contactor shall warrant the planter for 1 year after inspection/acceptance is completed.

7. Notification and Compliance: The Government shall notify the Contractor in writing of any failure, defect, or damage within thirty (30) calendar days of acceptance or assembly, whichever is later. Upon receipt of that notice, the Contractor shall promptly remedy the issue within 30 calendar days.

8. Acceptance: Once the new planter has been assembled and verified to be in new working condition, payment will be processed and issued to the vendor.

INSPECTION/ACCEPTANCE

FOB: Destination Inspection /Acceptance: Destination

PRICING SCHEDULE:

CLIN Period of Performance

Unit of

Measure

Quantity Fixed-Price

Total

CLIN 1 1745 Planter John Deere or equal

EA 1 $

CLIN 2

Trade-In: 1989 John Deere 7200 Planter

SN: A07200E202942

EA 1

CLIN 3 Assembly EA 1 $

CLIN 4 Freight EA 1 $

Total $

To be considered responsive, the Offeror must complete the pricing table above and submit firm-fixed price quote in accordance with the solicitation and the SOW. Failure to provide adequate documentation to meet the required SOW will result in a determination of technical unacceptability, and the quotation will not be considered for award.

GOVERNMENT HOLIDAYS

a. The Government hereby provides notice, and the Contractor acknowledges receipt, that Government personnel observe federally recognized holidays. As a result, no deliveries will be accepted on days designated as Federal holidays.

For the most current and authoritative list of Federal holidays, contractors should refer to the U.S. Office of

Personnel Management (OPM) website at: https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays/

b. In addition to the days designated as holidays, the Government observes the following days:

(1) Any other day designated by Federal Statute

(2) Any other day designated by Executive Order

(3) Any other day designated by the President’s Proclamation

c. When any such day falls on a Saturday, the following Monday is observed. Except for designated around-the-clock or emergency operations, Contractor personnel shall not be able to perform on-site under this contract with FNA on holidays set forth above. The

Contractor shall not charge any holiday as direct charge to the award.

d. It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the award.

e. Nothing in this clause abrogates the rights and responsibilities of the parties relating to stop work provisions as cited in other sections of this contract.

SAFETY AND ENVIRONMENTAL REQUIREMENTS

a. The Contractor shall comply with all applicable Occupational Safety and Health Administration

(OSHA) regulations while working on the agricultural and research facility

(https://www.osha.gov/laws-regs).

b. The Contractor shall manage and dispose of all waste materials in an environmentally responsible manner, in accordance with federal, state, and local regulations.

EVALUATION AND AWARD

FAR 52.212-2 Evaluation-Commercial Products and Commercial Services (JUL 2026)

Lowest Priced, Technically Acceptable (LPTA)

INSTRUCTIONS TO OFFEROR FOR PROPOSAL SUBMISSION

FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (JUL 2026)

Proposal Submission Format

***Proposal shall be in 2 volumes: 1 Technical and 2 Price. The volumes shall be separate and complete. The volumes shall be separate and complete, so that evaluation of one may be accomplished independently of, and concurrently with, the evaluation of the other. No pricing information shall be provided in volume 1. Please follow the volume instructions or the quote may be considered non-responsive. ***

The technical volume shall provide the specifications of the equipment and the warranty. The total number of pages for the technical quote shall not exceed ten (10) pages, using 1” margins, single spaced, font type Time New Roman, and a font size of 12.

***The solicitation does not commit the Government to pay any cost for the preparation and submission of a quote or proposal. It is also advised that the Contracting Officer (CO) is the only individual who can legally commit and obligate the Government to the expenditure of public funds in connection with the proposed acquisition. *** https://www.osha.gov/laws-regs

QUESTIONS DEADLINE

Interested Offerors shall submit questions electronically to Carol.Evans@usda.gov no later than

September 8, 2026 5:00 p.m. Eastern Time. Please include the company name, FNA solicitation number, and “Question(s)” in the subject line. No Phone Calls Please.

QUOTES DUE

All quotes are due electronically to Carol.Evans@usda.gov referenced under RFQ 12319826Q5018 no later than September 14, 2026, 10:00 a.m. Eastern Time.

***NOTE TO VENDOR***

Parties responding to this solicitation may submit their offer in accordance with the company’s standard commercial practices (e.g. on company letterhead, formal quote form, etc) but shall include the following information: 1) company’s complete mailing and remittance addresses 2) discounts for prompt payment if applicable; 3) Unique Entity Identifier 4) Taxpayer ID number; 5) Catalog or Published Price

Listing applicable to the requirement; 6) Offerors shall meet specifications as noted in the synopsis.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and

Certifications/Commercial Items with their offer. Note: Contractor shall be registered and active in the

System for Award Management (SAM) prior to the award of a contract. A company may register by going to www.sam.gov.

PROVISIONS AND CLAUSES

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 FAR 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

FAR Clause No. Title Date 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

(JAN 2025)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.212-4 Terms and Conditions- Commercial Products and Commercial Services (JUL 2026)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) mailto:Carol.Evans@usda.gov mailto:Carol.Evans@usda.gov http://www.sam.gov/ https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

FAR 52.222.90 Addressing DEI Discrimination by Federal Contractors (JUL 2026)

Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor shall not engage in any racially discriminatory DEI activities;

(2) The Contractor shall furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor shall report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor shall inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of Clause)

52.219-28 Post-Award Small Business Program Representation (OCT 2022) 52.222-3 Convict Labor (JUL 2026)

52.222-19 Child Labor-Cooperation with Authorities and Remedies (JUL 2026) 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2026)

52.222-50 Combating Trafficking in Persons (FEB 2026)

52.225-3, Alt. II Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2025) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.240-91 Security Prohibitions and Exclusions (DEC 2025)

AGAR CLAUSES

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

2026)

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

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

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

Protection principles of the U.S. Constitution, and the contractor and any subcontractor or teaming partner will not do so for the duration of the contract.

(b) If the contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil

Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology

Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

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

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

(e) Submission of a knowing false statement relating to contractor’s compliance with the above requirements and/or eligibility for the contract may subject the contractor to liability under the

False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.

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

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

AGAR 452.203-72 Unenforceable Supplier Terms (MAY 2026)

(a) Definitions.

Supplier terms mean provisions customarily drafted by vendors of supplies or services and intended to create a binding legal obligation on the end user. The term applies:

1. Regardless of the format or style of the document. For example, supplier terms may appear in standard terms of sale or lease, Terms of Service (TOS), End User License Agreement

(EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order or otherwise become effective after the contract date.

2. Regardless of the media or delivery mechanism used. For example, supplier terms may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) Applicability. When any supply or service acquired under this contract is subject to supplier terms, the supplier terms are deemed part of the contract only to the extent they are consistent with this clause. Supplier terms that conflict with any part of this clause, the contract, or Federal law are void and will not be considered incorporated into a contract, even if they are physically present in a contract documentation or systems. In the event of any inconsistency between supplier terms and this contract, this clause and the terms of the Government contract must govern and supersede any supplier terms in all cases.

(c) Authorization Required. Notwithstanding any other provision, no supplier terms must be binding on the Government unless the term is expressly authorized on the USDA Supplier Terms

Authorization Form signed by the Contracting Officer, and the completed Authorization Form has been incorporated into the contract.

(d) Unenforceable Terms. Any supplier terms that impose obligations or restrictions inconsistent with applicable Federal law are unenforceable against the Government and deemed stricken from the agreement. This includes, but is not limited to, any clause that:

1. Requires the Government to pay future fees, penalties, interest, legal costs, early-termination fees, cancellation fees, minimum purchase commitments, true-up payments, seat-count minimums, usage minimums, continued-use charges, or any other financial obligation not expressly authorized by the contract.

2. Requires the Government to indemnify the contractor or any other entity.

3. Restricts the Government’s ability to obtain similar supplies or services from another source.

4. Imposes any penalty, financial or otherwise, based on the Government’s decision not to exercise an option.

5. Subjects the United States Government to the laws of any U.S. state, territory, district, municipality, or foreign nation, except where Federal law expressly permits such application.

6. Requires dispute resolution in a forum or venue other than one prescribed by applicable

Federal law.

7. Establishes a period of limitations for bringing an action that differs from that provided by applicable Federal law.

8. Grants the contractor rights to use, mine, access, aggregate, analyze, or otherwise exploit

Government data, usage data, or metadata.

9. Deems the Government to have accepted initial or revised terms based on silence, continued performance, or failure to object.

10. Grants the supplier the right to audit Government facilities, systems, records, or use of the product or service, except as expressly authorized by the contract and applicable Federal law.

11. Requires the Government to accept supplier security requirements, network access requirements, monitoring, penetration testing, or other technical or security measures.

12. Permits the supplier to suspend, degrade, or terminate access to products or services based on alleged non-payment, alleged breach, automated security triggers.

13. Limits the Government’s right to use, install, access, test, evaluate, or transfer the licensed product or service in any manner consistent with the contract and Federal law.

14. Requires the Government to store, process, maintain, or transmit data in a particular geographic location, or permits the supplier to transfer Government data outside the United

States, except as expressly authorized by applicable Federal law.

15. Authorizes the supplier to use the Government’s name, seal, trademark, logo, or any reference to the Government as an end user or customer for marketing, publicity, promotional activities, press releases, or similar purposes.

16. Incorporates by reference, or requires the Government to accept, terms or conditions imposed by any third party, subcontractor, or upstream service provider, unless such terms are expressly incorporated into the contract by bilateral modification.

17. Limits, conditions, or negates the contractor’s performance obligations, service levels, or remedies through a supplier-provided service level agreement (SLA).

18. Uses Government data, usage data, metadata, prompts, content, or interactions to train, fine-tune, improve, or derive any artificial intelligence, machine learning, or automated decision-making model.

19. Subjects the Government to automated decision-making, automated risk scoring, automated content moderation, or any algorithmic process that may affect access, performance, or rights under the contract.

20. Utilizes artificial intelligence or algorithmic tools that produce decisions, recommendations, or outputs affecting contract performance without providing transparency, explainability, auditability, and bias-mitigation consistent with applicable Federal law and policy.

21. Profiles, tracks, or analyzes Government user behavior, preferences, communications, or interactions for personalization, marketing, or algorithmic optimization purposes.

(e) Non-binding Actions. Neither the Government nor any Government authorized end user is deemed to have consented to any term, condition, or clause by virtue of its inclusion in the supplier agreement or through the use of clickwrap, browsewrap, “I agree” mechanisms, or similar means.

Execution of such mechanisms does not bind the Government or its authorized end users to any unenforceable terms.

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

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

(h) Statutory exception. This clause does not apply to indemnification or any other payment by the

Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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

Disputes Clause at FAR 52.212-4(d) or FAR 52.233-1, as applicable.

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

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

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

Government.

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

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

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

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

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

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

United States Government.

452.204-70 MODIFICATION FOR CONTRACT CLOSEOUT (APR 2026)

“Upon contract closeout for contracts utilizing anything other than cost reimbursement:

(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.

SOLICITATION PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998

FAR Provisions

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements—Representation (JAN 2017)

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017)

FAR 52.204-7 System for Award Management (NOV 2025)

FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation

(SEP 2025)

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law (SEP 2025)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and

Commercial Services. (FEB 2025)

FAR 52.219-1 Small Business Program Representations (FEB 2026)

FAR 52.225-4, Alt.II Buy American-Free Trade Agreements-Israeli Trade Act Certificate (NOV

2025)

FAR 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (NOV

2025)

52.225-18 Place of Manufacture (Aug 2018)

(a) Definitions. As used in this provision—

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-

(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) □ Outside the United States.

(End of provision)

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.

(c) 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)

FNA INVOICE PROCESS

Submission of Invoice:

USDA and the Invoice Processing Platform (IPP) – http://www.ipp.gov/Contractors/index.htm. The benefits of registering with IPP include the ability for your company to create invoices directly from a contract award and submit electronically. The IPP Customer Support Desk is available to assist users

Monday through Friday (excluding bank holidays) from 8:00AM - 6:00PM ET, including answering any questions related to accessing IPP or completing the registration process. The toll-free number is 866-

973-3131 or email: IPPCustomerSupport@fms.treas.gov.

Invoices shall be submitted in accordance with the “Authorized Payment Schedule” for each contract/task/order. The contractor shall submit a monthly progress update at a monthly interval with the monthly progress invoice throughout the life of the project. The submission of an acceptable progress update to the Government is a condition precedent to processing of the Contractor’s pay request for the monthly invoice.

To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

1. Name and address of the business concern;

2. Invoice number and invoice date;

3. Contract number, Delivery Order number, Purchase Order number, Task Order number, or other authorization for delivery of property or services actually delivered or rendered;

4. Description, Line Item Number, Unit Price, Extended Price, and Quantity of property and delivery must be rendered with supporting documentation (i.e. Shipment Tracking, Receipts, etc.).

5. Shipping and payment terms;

6. Name, title, phone number, and complete mailing address of responsible official to whom payment is to be sent;

7. A certification statement saying that the funds have only been used for work for this contract;

8. Name, title, phone number, and mailing address of person to notify in the event of a defective invoice;

9. Taxpayer Identification Number (TIN); and

10. Offerors MUST note FINAL INVOICE on the final invoice when submitted upon final delivery of all supplies/equipment or completion of the contract.