Combined Synopsis Solicitation.docx

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Supply and Delivery of Two (2) Gooseneck Horse Trailers (FOB Destination)
Solicitation number
1240BE26Q0070
Issued by

About this file

This is a Combined Synopsis/Solicitation document issued under FAR 12.6 for the supply and delivery of two identical aluminum gooseneck horse trailers to the Umatilla National Forest Warehouse in Pendleton, Oregon. The trailers must meet specific salient characteristics including dimensions of 7'0" wide x 6'6" high x 18'0" long with a stock package, center gate without walkthrough, rear full swing gate with solid panels, two top airspaces, skid-resistant extruded aluminum flooring with rubber mats, 20K adjustable gooseneck coupler with 2 5/16" adjustable sizing, two rubber torsion axles (7000#) with electric brakes, single speed landing gear, LED lighting package, tapered nose, aluminum front sheets, and various additional components including door escape, running boards, spare tire carrier, skid plate, and bumper rubber dock. Delivery is required within 90 days after receipt of order, with a target delivery date of September 30, 2026. All offers must be F.O.B. Destination unless F.O.B. Origin is specified with estimated shipping costs included.

Quotes will be evaluated on a Lowest Price/Technically Acceptable (LPTA) basis using three criteria: Technical Approach (demonstrating ability to meet salient characteristics), Price (fair and reasonable evaluation per FAR 12.204), and Past Performance (assessed as Acceptable, Neutral, or Unacceptable). Offerors must submit a brochure or information sheet stating product specifications, a Certificate of Conformance in accordance with FAR 52.246-15 with manufacturer traceability, and pricing for all line items to be considered responsive. A firm fixed-price contract type is anticipated, and one award will be made. Numerous FAR and USDA Agriculture Acquisition Regulation (AGAR) clauses apply, including provisions regarding anti-discrimination and diversity compliance, small business utilization, labor standards, buy American requirements, and security protocols. The contracting agency is the Department of Agriculture Forest Service R6-Pacific Northwest Region. Protests may be filed through the USDA Ombudsman Program for Agency Protests (OPAP) with a 35-calendar-day resolution goal.

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Schedule of Items/Price Schedule Project Description: Supply and Deliver, 2 Gooseneck Horse Trailers Vendor Name: Vendor UEI: Vendor Point of Contact Name: Vendor Point of Contact Email & Phone #:

(complete all in Yellow)

Item

Schedule of Services

Qty

Unit

Price

Total

0001
Supply and Deliver (2) Gooseneck Horse Trailers.

Requirement: See Attachment 1_Statement of Work/Salient Characteristics

2
EA
$
$

TOTAL

Schedule Notes:

· Include Delivery or shipping to the Delivery Location: Umatilla National Forest Warehouse 1411 SE Byers Ave, Pendleton OR 97801

· One award will be made from this solicitation; contractors must submit pricing for all items.

· Must include a Brochure/Information Sheet stating the Specifications of the Product Offered.

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

DELIVERY DETAILS/PERIOD OF PERFORMANCE:

Umatilla National Forest - Warehouse 1411 SE Byers Ave Pendleton OR 97801 Period of performance of this contract is 90 days After Receipt of Order (ARO).

Gooseneck Trailer Information

VIN:
S/N:
Manufacturer:
Model#:
Year:
Trailer ID:

SALIENT CHARACTERISTICS

*Both trailers have the same requirements; trailers should be identical:

Stock package 7’0” wide x 6’6” high x 18’0” long

Center gate without walkthrough

Gate rear full swing with no slider and “western” package

Change to solid panels in rear gate

Two top airspaces

Skid resistant extruded aluminum floor

Easy care flooring - rubber floor mat at least ¾” for 7’ x 18’ trailer

Coupler 20K adjustable gooseneck 2 5/16 adjustable

2 rubber torsion axles (7000#) with electric brakes

Landing gear single speed

LED light with switch located under gooseneck

Light package LED clearance lights and wraparound LED stop/turn lights with colored lenses

No vent on drop wall

Side panel with 2 top air spaces

Gooseneck sides min .040

Door escape curbside, to match side panel air spacing

No side ramp

Running boards

Aluminum front sheets

Tapered nose – stock/combo

Sheet natural

Spare tire carrier

Skid plate

Bumper rubber dock

Roof rail – 2.5 radius type

The contractor shall furnish a Certificate of Conformance (COC) in accordance with Federal Acquisition Regulation (FAR) clause 52.246-15. COC must be submitted in the format specified in the clause. Offerors must be able to provide necessary certification including traceability to the manufacturer, manufacturer's COC, and its own certificate of conformance. Prospective vendors who are not the OEM or an authorized distributor must provide traceability for the offered product back to the manufacturer or authorized distributor.

Federal Acquisition Regulation (FAR) and United States Department of Aquiculture 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.

52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract 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 a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far (FAR Clauses are located in FAR Part 52 at https://www.acquisition.gov/far/part-52) Department of Agriculture Acquisition Regulation (AGAR): https://www.acquisition.gov/agar (AGAR Clauses are located in AGAR Part 452 at https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses) Deviations to clauses may be viewed at: https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(A) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(B) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR Chapter 4) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

452.222-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec 2025)

52.212-4
Terms and Conditions—Commercial Products and Commercial Services (Nov 2025)

· Alternate I (Nov 2025) of 52.212-4

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

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

52.244-6
Subcontracts for Commercial Products and Commercial Services (Nov 2025)

The following clauses are applicable if checked:

· 52.203-6Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I (Nov 2021) of 52.203-6
·
52.203-13
Contractor Code of Business Ethics and Conduct (Nov 2021)
·
52.204-9
Personal Identity Verification of Contractor Personnel Jan 2011
☒
52.204-13
System for Award Management—Maintenance (Nov 2025)
·
52.204-91
Contractor identification (Nov 2025)
☒
52.209-6
Protecting the Government’s Interest When Subcontracting with
·
52.209-9
Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025)

Updates of Publicly Available Information Regarding Responsibility

☒
52.209-10
Matters (Sep 2025)

Prohibition on Contracting with Inverted Domestic Corporations (Sep 2025)

·
52.219-4
Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Nov

2025) 52.219-6

Notice of Total Small Business Aside (Nov 2025)

52.219-8

· Alternate I (Mar 2020).

Utilization of Small Business Concerns (Nov 2025)

52.219-9

52.219-14 Small Business Subcontracting Plan (Nov 2025)

· Alternate III (Nov 2025) of 52.219-9.

· Alternate IV (Nov 2025) of 52.219-9 Limitations on Subcontracting (Nov 2025)

·
52.219-16
Liquidated Damages—Subcontracting Plan (Nov 2025)
·
52.219-33
Nonmanufacturer Rule (Nov 2025)
☒
52.222-3
Convict Labor (June 2003)
☒
52.222-19
Child Labor—Cooperation with Authorities and Remedies (Nov 2025)
·
52.222-35
Equal Opportunity for Veterans (Nov 2025)

· Alternate I (Jul 2014) of 52.222-35

☒
52.222-36
Equal Opportunity for Workers with Disabilities (Nov 2025)

· Alternate I (Jul 2014) of 52.222-36

·
52.222-37
Employment Reports on Veterans (Nov 2025)
·
52.222-40
Notification of Employee Rights Under the National Labor Relations Act (Dec 2010
·
52.222-41
Service Contract Labor Standards (Aug 2018)
·
52.222-42
Statement of Equivalent Rates for Federal Hires (May 2014)
·
52.222-43
Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple

Year and Option Contracts) (Aug 2018)

· 52.222-44Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014)
· 52.222-51Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014)
· 52.222-53Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Requirements (Nov 2025)

·
52.222-54
Employment Eligibility Verification (Nov 2025)
·
52.222-62
Paid Sick Leave Under Executive Order 13706 (Jan 2022)
·
52.223-9
Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008)

· Alternate I (May 2008) of 52.223-9

· 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Nov 2025)

· 52.223-12Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Nov 2025)
·
52.223-23
Sustainable Products and Services
·
52.224-3
Privacy Training (Jan 2017)

52.225-1

· Alternate I (Jan 2017) of 52.224-3 Buy American-Supplies (Nov 2025)

52.225-3

· Alternate I (Oct 2022) of 52.225-1 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025)

52.225-5

· Alternate II (Nov 2025) of 52.225-3.

· Alternate III (Nov 2025) of 52.225-3.

· Alternate IV (Oct 2022) of 52.225-3 Trade Agreements (Nov 2023)

· 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States (May 2020)

·
52.225-26
Contractors Performing Private Security Functions Outside the United States (Oct

2016)

·
52.226-4
Notice of Disaster or Emergency Area Set-Aside (Nov 2007)
·
52.226-5
Restrictions on Subcontracting Outside Disaster or Emergency Area (Aug 2025)
·
52.229-12
Tax on Certain Foreign Procurements
·
52.232-29
Terms for Financing of Purchases of Commercial Products and Commercial Services
·
52.232-30
(Nov 2021)

Installment Payments for Commercial Products and Commercial Services

☒
52.232-33
(Nov 2021)

Payment by Electronic Funds Transfer— System for Award Management (Oct 2018)

·
52.232-34
Payment by Electronic Funds Transfer—Other Than System for Award Management

(Jul 2013)

·
52.232-36
Payment by Third Party (Nov 2025)
·
52.237-2
Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)
·
52.237-3
Continuity of Services (Jan 1991)
·
52.240-92
Security Requirements (Nov 2025)
· 52.240-93Basic Safeguarding of Covered Contractor Information Systems (No 2025)
· 52.247-64Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2025)

· Alternate I (Apr 2023) of 52.247-64.

· Alternate II (Nov 2021) of 52.247-64

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:

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 de-obligation. 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 de-obligation. 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 de-obligation. 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)

Award Type

The Government anticipate that a firm fixed price type contract from this solicitation. Therefore, to be considered responsive, contractors must submit brochure/information sheet & pricing for all items.

It is anticipated that a lowest Price/ Technically Acceptable will be awarded as a result of this synopsis/solicitation.

The Government intends to make one award from this solicitation. Therefore, to be considered responsive, contractors must submit pricing for all items.

Evaluation and Basis for Award The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR

12.203 based on the criteria listed below. Award will be made to the offeror representing the best value to the Government.

It is anticipated that will be awarded as a result of this synopsis/ solicitation

Technical Approach:

The technical approach will evaluate the ability of the offeror to provide a sound and compliant approach that meets all requirements and shows a thorough understanding of them. It is the contractor's responsibility to ensure their quotation clearly demonstrates their capability to meet these requirements. All offerors must provide the following minimum information and documentation with their quotations to be considered responsive and have their offers evaluated:

· Ability of the offeror to meet the salient characteristics of the Gooseneck Horse Trailers.

Price:

The offeror shall provide pricing as requested in the Schedule of Items on page 3 of this Request for Quote. Failure to propose pricing for all individual line items may result in a quotation being excluded from further consideration. The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.

Past Performance:

The Government may utilize any references provided by the Contractor, along with information available from past contracts/orders with the USDA and any information found using sources such as Federal Government sources or the Contractor Performance Assessment Reporting System (CPARS) to determine if the Contractor has acceptable or neutral Past Performance. Past Performance will be evaluated using the following rating system:

· Acceptable: The contractor shows a demonstrated ability to meet contract requirements in prior or current contracts, including quality of work, timeliness, cost control, business relations, and adherence to contract terms.

· Neutral: Offeror does not have a past performance record.

· Unacceptable: The contractor has a documented history of failing to meet contract requirements, including poor quality, missed deadlines, cost overruns, lack of responsiveness, or unethical behavior.

Evaluation Method:

All quotations will be evaluated to identify the offeror presenting the most technically advantageous solution based on the stated evaluation criteria. Once the highest technically rated offeror is identified, their price will be evaluated to determine whether it is fair and reasonable. Past performance will also be assessed to ensure it is acceptable or neutral.

Award will be made to the offeror whose proposal is determined to be the Lowest Price/Technically Acceptable, provided that:

· The proposed price is fair and reasonable, and

· Past performance is assessed as acceptable or neutral.

Tradeoffs will not be conducted.

Delivery Information

Shipping Instructions:

Items shall be shipped to the following address:

Umatilla National Forest Warehouse SE Byers Ave, Pendleton, OR 97801

The USDA requires delivery of all items 90 days After Receipt of Order (ARO).

52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998 This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Nov 2025). Offerors shall include their UEI with their quotation.

52.203-18Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)
52.209-2Prohibition on Contracting with Inverted Domestic Corporations - Representation

(Sep 2025)

52.209-11Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Sep 2025)
52.240-90Security Prohibitions and Exclusions Representations and Certifications (Nov 2025)

The following provisions are applicable if checked:

· 52.203-11Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024)
☒
52.204-7
System for Award Management—Registration (Nov 2025)

· Alternate I (Nov 2025) to 52.204-7

·
52.204-90
Offeror Identification (Nov 2025)
·
52.207-6
Solicitation of Offers from Small Business Concerns and Small Business Teaming

Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024)

·
52.209-12
Certification Regarding Tax Matters (Oct 2025)
·
52.219-2
Equal Low Bids (Nov 2025)
☒
52.222-18
Certification Regarding Knowledge of Child Labor for Listed End Products (Feb

2021)

·
52.222-48
Exemption from Application of the Service Contract Labor Standards for

Maintenance, Calibration, or Repair of Certain Equipment–Certification (Nov 2025)

· 52.222-52 Exemption from Application of the Service Contract Labor Standards for Certain Services-Certification (Nov 2025)

·
52.222-56
Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020)
☒
52.222-90
Addressing DEI Discrimination by Federal Contractors (Apr 2026)
·
52.223-4
Recovered Material Certification (May 2008)
☒
52.225-2
Buy American Certificate (Oct 2022)
·
52.225-4
Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Nov 2025)
·
52.225-6
Trade Agreements-Certificate (Feb 2021)
·
52.226-3
Disaster or Emergency Area Representation (Nov 2007)
·
52.229-11
Tax on Certain Foreign Procurements—Notice and Representation (Jul 2025)

Other Applicable FAR Provisions

FAR 52.246-15Certificate of Conformance (Apr 1984)
FAR 52.247-34F.o.b. Destination (Jan 1991) FAR 52.225-18Place of Manufacture (Aug 2018)

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:

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

4. 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)

NOTICE FOR FILING AGENCY PROTESTS

United States Department of Agriculture (USDA) Ombudsman Program The USDA is committed to issuing solicitations and awarding contracts in a fair and prompt manner. The Ombudsman Program for Agency Protests (OPAP) was established to address protest issues within the agency, providing an alternative to costly and time-consuming litigation. Operating independently, OPAP offers relief comparable to that granted by the Government Accountability Office (GAO). Interested parties are encouraged to resolve concerns through USDA’s internal Alternative Dispute Resolution (ADR) process before pursuing external forums such as the GAO. Concerns may be addressed informally or through a formal agency protest filed with either the Contracting Officer or the Ombudsman.

Informal Forum with the Ombudsman

1. Initial Point of Contact: Interested parties who believe a specific USDA procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer.

2. Escalation: If the Contracting Officer is unable to address their concerns, interested parties are encouraged to contact the USDA Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Utilization of the informal forum does not suspend any time requirement for filing a formal protest with the agency or other forums.

3. Required Information: To ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman

1. Effort to Resolve: Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions.

2. Independent Review: If the protester’s concerns remain unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest with either the Contracting Officer or, alternatively, with the Ombudsman under the OPAP program. Contract awards or performance will be suspended during the protest period unless justified in writing for urgent and compelling reasons or determined in writing to be in the best interest of the Government.

3. Resolution Timeline: The agency’s goal is to resolve protests within 35 calendar days from the date of filing.

4. Required Information: Protests shall include the information set forth in FAR 33.104(a)(3). Failure to submit the required information may result in a delay or dismissal of the protest.

5. Timeliness: Protests must be filed within the timeframes specified in FAR 33.104.

6. Submission: Formal protests under the OPAP program should be submitted electronically to SPE.inquiry@usda.gov and the Contracting Officer.

Election of Forum. By initiating a protest with the USDA, the protester agrees not to pursue the same matter with the Government Accountability Office (GAO) or any other external forum while the agency protest is pending. If a protest is filed externally, the agency protest will be dismissed.

File details come from the government source that posted it. Updated .