CSS_GAOA Flooring_1240BD26Q0021.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

40BD

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

USDA-FS CSA NORTHWEST 2

05M6 CODE 16. ADMINISTERED BYCODE

X

X

326199

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR40BD

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

04/01/2026 1100 PD

03/17/2026

503-668-1601MINDY HICKMAN

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1240BD26Q0021

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 11OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

EVERETT WA 98201

2930 WETMORE AVE SUITE 3A

MT BAKER SNOQUALMIE NATIONAL FOREST

USDA FOREST SERVICE

15. DELIVER TO

PORTLAND OR 97204-2829

STE 310

1220 SW 3RD AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA-FS CSA NORTHWEST 2

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Mt. Baker-Snoqualmie NF GAOA Quarters Improvements

Flooring

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

MINDY N. HICKMAN

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

Solicitation Number: 1240BD26Q0021 GAOA Forest Wide Housing Improvements

Statement of Requirement

The Mt. Baker-Snoqualmie National Forest has a need for acquisitions of supplies for Forest wide housing improvements. Procurement, delivery and unloading of Luxury Vinyl Planking (LVP) flooring, vinyl transition strips, molding/trim as outlined in the SOW and project specification/salient characteristics.

The contractor shall provide all labor, materials, equipment, transportation, unloading and supervision necessary to satisfy the needs of each ordering activity identified in the project specifications, attachments and throughout the SOW.

Schedule of Items

CLIN Description Estimated Quantity

Unit of Issue

Unit Cost Total

0001 Molding, Base 7330 L.F $ $

0002 Transition Strips (T-Molding) 618 L.F $ $

0003 Flooring Luxary Vinyl Planks 23316 S.F $ $

0004 Delivery and unloading FOB Destination

1 Job $ $

TOTAL $

S.F – Square Foot L.F – Linear Foot

Interested concerns having the expertise and required capabilities to provide these items are invited to submit offers in accordance with the requirements stipulated in this solicitation. Alternate Parts will be authorized if they are an approved alternate part that satisfies all form, fit, and function requirements of the original parts and conform to the approved configuration. All parts shall be NEW approved parts.

Technical Data -

1. Solicitation Attachments The following attachments are made as part of this solicitation and any resultant contract. The schedule of items will be used only as a reference document. The contract line items will be the primary ordering means.

Attachment Number

Description Page Count

1. Statement of Work (SOW) 6

2. Offeror Material Comparison Table 1

3. Attachment 3 GAOA Forest Wide Housing Improvement

Map

Date(s) and place(s) of delivery and acceptance and f.o.b. point.

Delivery Address: All items should be delivered to the Mt. Baker-Snoqualmie National Forest (MBS) Skykomish Rander District (SRD) to the following address:

Skykomish Ranger Station 74920 NE Stevens Pass Hwy Skykomish, WA 98288

It will be contractors responsibility to unload any and all materials, no loading dock or forklift will be provided. Material to be placed inside ground level 40x8 storage container located at Skykomish Ranger Station. See attachment 3 GAOA Forest Wide Housing Improvement maps

Period of Performance:

All items are to be delivered and accepted prior to 30 September 2026.

Estimated delivery date range is July-September. Delivery prior to July is not anticipated.

Evaluations 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. The Government will award a contract resulting from this solicitation to the responsible offeror whose quote, conforming to the solicitation, will be most advantageous to the government, price and other factors considered.

This is a comparative evaluation conducted in accordance with FAR 12.602. The Government reserves the right to select a quote that is superior in technical features or delivery schedule, even if that quote is not the lowest priced, if the Contracting Officer determines that the technical advantage justifies the price premium. This means the Government may, •Award to a lower-priced, technically acceptable offeror; OR

•Award to a higher-priced offeror if the Government determines that the technical superiorities (e.g., better material quality or faster delivery) or a stronger past performance record warrant the additional cost.

Evaluation Factors:

Quotes will be evaluated based on the following factors.

Technical Capability Past Performance Price

Factor 1: Technical / Capability The Government will evaluate the extent to which the offered products meet or exceed the salient characteristics identified in the Statement of Work.

1. Product Specifications - The Government will evaluate "equal" products solely on the basis of information furnished in the offer or otherwise reasonably available to the Contracting Officer. The Government is not responsible for locating or obtaining any information not identified in the offer.

2. Delivery Schedule: (Ability to deliver all items prior to September 30, 2026)

3. Warranty - (Comparison to standard commercial marketplace warranties).

Factor 2: Past Performance:

The Government will assess the quality and relevance of recent work. Past Performance will be rated as Acceptable, Unacceptable, or Neutral (if no relevant record exists). A record of "Acceptable" performance is more advantageous to the Government than a "Neutral" rating

Factor 3: Price:

Offerors must submit all-inclusive pricing for every Line Item (CLIN) listed in the Schedule. Partial quotes or those omitting mandatory CLINs will be deemed non-responsive and will not be considered for award. Prices will be evaluated for fairness and reasonableness in accordance with FAR 12.204.

Federal Acquisition Regulation (FAR) and United States Department of Aquiculture Acquisition Regulation (AGAR) Clauses, Provisions, Additional Terms and Conditions

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.

(i) FAR and AGAR Provisions

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (NOV2025)

Addendum to 52.212-1:

The Government will award one firm-fixed priced contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation will be most advantageous to the government. To be considered for award, offerors must submit a complete quotation package by the closing date.

Mandatory Eligibility: Offerors must possess an Active registration status in the System for Award Management (SAM) at the time of quotation submission. Failure to maintain an active registration will render the offeror ineligible for award.

Submission Requirements:

(i) Administrative Documentation:

1. Completed SF-1449 Blocks 17a (Contractor/UEI) and 30a-c (Signature)

2. Acknowledged Amendments: Signed SF-30s (if any).

3. Compliance Table: Offerors are required to complete the "Offeror Material Comparison Table" provided in the SOW/Technical Exhibit

4. Active SAM Registration: Provide your Unique Entity ID (UEI).

Note: Failure to have an active SAM.gov registration at the time of quote submission may result in exclusion from award

(ii) Price Quotation

1. Completed Schedule of Items: Provide all-inclusive pricing for every CLIN.

Note: Partial quotes or those omitting mandatory CLINs will be deemed non-responsive.

By submitting a quote, the offeror agrees to hold prices firm for 60 calendar days

(iii) Technical Capability

1. Product Specifications/Cut Sheets: Provide manufacturer specification sheets (cut sheets) for the LVP, Baseboard, and T-Molding. Data must clearly demonstrate the product meets or exceeds all salient characteristics.

2. Brand Name or Equal: In accordance with brand name or equal requirements, offerors proposing an "equal" product must clearly identify the item by brand name (if any) and make or model number.

3. Compliance Table: Complete and submit the Material Comparison Table found in the SOW. If proposing the exact brand name specified, indicate "Same." If proposing an "equal" item, you must provide a point-by-point comparison. The Government is not responsible for locating information not identified in your offer.

4. Delivery Confirmation: A brief statement confirming the ability to deliver all materials to the Skykomish Ranger Station prior to September 30, 2026

5. Warranty Information: Provide documentation of the standard commercial warranty offered for the products.

(iv) Past Performance:

1. Project List: A list of at least three (3) contracts of similar size and scope (supply of flooring/building materials) performed within the last 3 calendar years.

2. Details: For each project, include: Contract Number, Period of Performance, Total Value, Description of Items, and Point of Contact (Name/Phone/Email).

Note: If no relevant past performance exists, state "No Relevant Past Performance" to receive a Neutral rating.

(b) Time and Date offer are Due:

DUE DATE SUBMISSION

On or Before 07 April 2026 11am (PDT) Offers shall be submitted electronically to:

Mindy Hickman mindy.hickman@usda.gov

(c) Late submissions and withdrawals of offers.

(1) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered.

(2) Offerors may withdraw their offers by written notice to the Government received at any time before award.

(d) Contract award The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.

(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of provision)

FAR and AGAR Provisions Incorporated by Reference:

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

52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation (SEP 2025) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (SEP 2025)

52.225-18 Place of Manufacture (Aug 2018)

52.240-90 Security Prohibitions and Exclusions Representations and Certifications (Nov 2025)

The following provisions are applicable if checked:

☒ 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024)

☒ 52.204-7 System for Award Management—Registration (Nov 2025) ☒ 52.204-7 System for Award Management (AUG 2025) ☒ 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (Feb 2021) ☒ 52.225-5 Trade Agreements ☒ 52.225-6 Trade Agreements-Certificate (Feb 2021)

FAR and AGAR Provisions incorporated by full text:

FAR Provisions:

52.216-1 Type of Contract (OCT 2025)

The Government contemplates award of a Firm-Fixed Price, contract resulting from this solicitation.

(End of provision) 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

(End of Provision)

52.252-5 Authorized Deviations in Provisions (NOV 2020)

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

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

(End of Provision) AGAR Provisions:

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

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

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

(b) 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.

(C) 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.

(d) 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.

(e) 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)

(ii) FAR and AGAR Clauses:

FAR and AGAR Clauses Incorporated by Reference:

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) ☒ 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) ☒ 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) ☒ 52.204-13 System for Award Management Maintenance (AUG 2025) ☒ 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) ☒ 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 (SEP 2025) ☒ 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (SEP 2025) ☒ 52.217-8 Option to Extend Services (Nov 1999)

(b) 30 calendar days prior to contract expiration ☒ 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) ☒ 52.219-28 Postaward Small Business Program Rerepresentation. (OCT 2025) ☒ 52.222-3 Convict Labor (OCT 2025)

☒ 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2025) ☒ 52.222-35 Equal Opportunity for Veterans (JUN 2020) ☒ 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020) ☒ 52.222-37 Employment Reports on Veterans (JUN 2020) ☒ 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) ☒ 52.222-50 Combating Trafficking in Persons (OCT 2025) ☒ 52.222-54 Employment Eligibility Verification (JAN 2025) ☒ 52.223-23 Sustainable Products and Services (OCT 2025) (DEVIATION) ☒ 52.225-5 Trade Agreements (Nov 2023) ☒ 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) ☒ 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)

FAR and AGAR Clauses Incorporated by Full Text:

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 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 closeout 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)

(iii) Additional terms and conditions:

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.

Government Point of Contact

Title POC CO Mindy Hickman mindy.hickman@usda.gov

COR

Technical Contact

Statement of Requirement