Part 12 Combined Synopsis Solicitation.pdf

Spongy Moth Trap – Insect Traps 12639526Q0048

Description

The Spongy Moth Trap is utilized in a variety of insect monitoring programs for environmentally and economically significant exotic insect pests. APHIS-PPQ and cooperators use the Spongy Moth Trap within federal regulatory pest programs that are necessary to monitor and protect American agriculture from pests of concern as well as to gather information about pest presence necessary to maintain access to export markets. PPQ monitors the presence and/or movement of a variety of target insects using a network of detection traps. To carry out this core mission, PPQ requires Spongy Moth Trap to conduct insect detection surveys to support regulatory decision-making for federal quarantine pests.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Part 12. This announcement constitutes the only solicitation; offers are being requested, and a separate written solicitation will not be issued.

Solicitation number 12639526Q0048 is issued as a Request for Quotation (RFQ) for Spongy Moth Trap.

Questions regarding this solicitation must be submitted via email to samuel.lopez@usda.gov and amanda.barbosa@usda.gov no later than March 2, 2026, at 5:00 PM Eastern Time. The subject line of all questions must include the solicitation name and number. Responses will be posted publicly on SAM.gov; no phone inquiries will be accepted.

Quotes must be received by March 25, 2026, at 5:00 PM Eastern Time. Late submissions will not be accepted. When submitting quotes, include the solicitation name and number in the email subject line. Failure to include this information may result in the Government not considering the submission.

This acquisition is set-aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

The applicable North American Industry Classification Standard Code is 325320 The small business size standard is 1,150 Employees. This acquisition is a Total Small Business Set-Aside. All responsible sources may submit a quotation which will be considered by the agency.

See “RFQ Package” for applicable clauses, instructions, and evaluation criteria.

See "Pricing Schedule" for quoters to use as submission for their pricing.

Statement of Requirement

See attached document “Pricing Schedule” where vendors will input their pricing information and use this document to present their pricing information along with RFQ Package and any other documentation.

mailto:samuel.lopez@usda.gov mailto:amanda.barbosa@usda.gov http://www.acquisition.gov/

MATERIAL

The traps shall be fabricated or hard sized, liquid packaging grade 1/2 gallon milk carton, paperboard stock .024 inch nominal thickness and polyethylene plastic-coated on both sides (coating typically .0062" outside, .001" inside.) It is also essential that the traps described herein be capable of withstanding outdoor service for a period of 90 calendar days.

Paperboard (milk carton grade) must exhibit good liquid hold-out capability, especially where edges and cuts are exposed.

FABRICATION

The size, cutting, perforating and pre-creasing shall be in accordance with the enclosed drawing. Should the pre-creasing be directional, it should be done in a manner that will assist in folding the traps into assembly. Pre-creasing should be done in a manner that does not cut or otherwise damage the plastic coating.

The process used to join the paperboard edges shall be equal to or exceed the quality of that which is required for milk carton joints. An acceptable bond is defined as a continuous and homogenous marriage of both paperboard surfaces. A separation of this bond will de-laminate, for the length of the seam, the poly coating from the parent material.

1. Trap Body

Milk carton traps (fashioned after liquid milk carton container design, Patent RE 26,305,64 fluid ounces). Milk carton shall have the following die cutting modifications as illustrated on the enclosed drawing:

a. Each side (four) will have two rectangular holes 0.312" high X 1.000" long, and one slot l.125" long, centered and situated at the heights specified on the drawing.

b. Four 0.250" holes will be punched at the locations shown so that the pouring spout may be held shut with a garden tie.

c. Two 0.125" holes will be punched at the center of the top edge so that the trap may be suspended by a string.

d. Four 0.250" holes will be punched at the four corners of the bottom edge

(assembled trap) to provide for rainwater drainage.

e. The trap body shall have eight rectangular holes (two per side), four slots (one per side), one composite hole 0.125" in diameter center top, one composite hole 0.250" at the pouring spout, and four holes 0.250" at the four corners bottom edge.

f. One 0.4375" diameter notch shall be as shown on the enclosed drawing and should allow a snug fit when affixed to the trap body. Crease lines are directional, should not be perforated or otherwise damage the plastic coat, and should allow easy folding and assembly.

2. Trap Hood

All die cutting and creasing dimensions must be as shown on the enclosed drawing and fit shall be achieved when affixed to the trap body. Crease lines are directional, should not be perforated or otherwise damage the plastic coat and should allow easy folding and assembly.

COLORS AND PRINTING

The finished product will be green color within normal industrial standards. Trap body to be colored on the exterior only, trap hood to be colored on both sides. The process used to color the trap surfaces must be resistant to fading and withstand exposure to sunlight for a period of 60 days without appreciable loss of color. The traps shall be imprinted in white with the legend just as it appears below in a manner that is weather resistant. When the trap is assembled, the legend shall appear on all sides as shown on drawing.

For identification and traceability purposes, the contractor shall print the contract number on the bottom panel of all traps.

The Contractor may also print the company logo in an inconspicuous spot.

The traps shall be imprinted as follows:

TESTING AND APPROVAL OF PAPERBOARD SAMPLES

The Contractor shall furnish twelve 8 inch by 8 inch paperboard samples within 14 days after notice of award for inspection and approval for conformance to specification.

The Contractor will be notified in writing of the results of the inspection by either the Contracting Officer (CO) or Contract Administrator (CA) within 3 0 working days after receipt of the paperboard samples.

Spongy Moth Trap Government Property PLEASE

DO NOT DISTURB

For Information Contact Your

County Agent or State or Federal Plant Protection Programs Office

(1/4” CAPITALS)

(1/8” CAPITALS)

(3/16” CAPITALS)

1/8” Lettering

(1/8” Lettering) 1/8” Lettering 1/8” Lettering

FIRST ARTICLE TESTING AND APPROVAL

The Contractor shall deliver 12 spongy moth milk carton traps with green hood, within 30 calendar days from the date of approval of the paperboard samples, for first article tests. The shipping documentation shall contain this contract number and the item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

Within 30 calendar days after the Government receives the first article, the CO or CA shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor.

All samples shall be sent to the following location for approval:

USDA-APHIS-PPQ-FPML

ATTN: Joe Francese 1398 W. Truck Rd.

Buzzards Bay, MA 02542-1329

QUALITY CONTROL INSPECTION OF TRAPS

During the manufacture of the balance of the traps, the COR or representative authorized by her/him may elect to inspect and monitor the production of the traps at the production facility.

Overall quality of the assembled trap will be evaluated. Testing may include industry standard procedures described by the Technical Association of Pulp and Paper Industry, Incorporated (TAPPI) as Method T-491 OM-85 and other tests designed to evaluate sizing, tensile strength, liquid hold-out, and weatherability of the paperboard product used. The results of any tests conducted by the Otis Plant Protection Center will be reported to the CO within 3 0 working days after receipt of the samples.

PACKAGING

Packaging must be uniform – all boxes must contain the same number of traps not exceeding 240 traps per box. Box counts will be up to the determination of the manufacture to allow for optimized pricing so long as the boxes are sturdy and able to stand up to shipping and stacking of at least 48” high without damaging traps. Delivered pallet height should not exceed 48” in height. The traps shall be packaged in suitable cartons for shipment by common carriers. Traps shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce

Commission Regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

PACKAGING MARKING:

The shipping container shall have a permanently affixed label or printing that provides the following information with a minimum text height of 3/8 of an inch:

• Milk Carton Trap - Paper

• USDA APHIS PPQ

• Manufacturing date ______________

• Lot/Batch Number__________________

• Contract number ______________

• Manufacture’s Name _____________

• Quantity in container___________

• STORE IN A COOL DRY PLACE

INVOICING:

Invoices must be submitted in accordance with FAR 52.212-4(g) to www.ipp.gov.

LEGAL AFFECT:

The Contracting Officer (CO) per FAR 1.602-1 is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the CO can make any changes to the terms, conditions, general provisions or other stipulations of this contract. Any other commitment, either explicit or implied, is invalid. The CO is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) obligate or deobligate funds into the contract; or (6) otherwise change any terms and conditions of this contract. No information, other than that which may be contained in an authorized modification to this contract duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

Solicitation Information

Questions regarding this solicitation must be submitted via email to samuel.lopez@usda.gov and amanda.barbosa@usda.gov no later than March 2, 2026, at 5:00 PM Eastern Time. The subject line of all questions must include the solicitation name and number. Responses will be posted publicly on SAM.gov; no phone inquiries will be accepted.

Quotes must be received by March 25, 2026, at 5:00 PM Eastern Time. Late submissions will not be accepted. When submitting quotes, include the solicitation name and number in the email subject line. Failure to include this information may result in the Government not considering the submission.

Award Type

It is anticipated that a Firm-Fixed-Price (FFP), Indefinite Delivery, Indefinite Quantity (IDIQ) supply contract will be awarded as a result of this combined synopsis/solicitation. The IDIQ will mailto:samuel.lopez@usda.gov consist of five (5) one-year ordering periods and will have a maximum total contract value of $150,000.00. The Government guarantees a minimum order of 18,000 milk carton traps which will be ordered at the time of award.

The Government’s intent is to make one single award under this solicitation. Therefore, to be considered responsive, offerors must submit pricing for all line items listed in the “Pricing Schedule” and all required documentation in accordance with RFO FAR 52.212-1 and it’s addendum.

Delivery Information

F.O.B. Destination is requested for all deliverables.

All quotes received will be considered F.O.B. Destination unless the offeror specifies F.O.B. Origin and includes estimated shipping costs.

Delivery of all Paperboard Samples shall be received within 14 calendar days after delivery order award. In the event of disapproval of the Paperboard Samples, the contractor shall make appropriate changes and submit additional Paperboard Samples within 21 days of disapproval notification.

Following approval of the first article, the Contractor shall deliver all remaining contract items within the manufacturing lead time stated in the Contractor’s quote, plus an additional seven (7) calendar days for shipping. The Contractor’s stated manufacturing timeline will be incorporated into the contract and must be realistic, verifiable, and consistent with industry standards.

Shipping Instructions:

Items shall be shipped to the following address:

Primary Delivery:

USDA-APHIS-PPQ-FPML

ATTN: Joe Francese 1398 W. Truck Rd.

Buzzards Bay, MA 02542-1329

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.

As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2025) ☐ Alternate I (Nov 2025) of 52.212-4 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) 52.232-40 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:

☒ 52.203-6 Restrictions 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 Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2025) ☐ 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Sep 2025) ☒ 52.209-10 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)

☐ Alternate I (Mar 2020).

☒ 52.219-8 Utilization of Small Business Concerns (Nov 2025) ☐ 52.219-9 Small Business Subcontracting Plan (Nov 2025) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52

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

☐ Alternate IV (Nov 2025) of 52.219-9

☐ 52.219-14 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) ☐ 52.222-54 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) ☒ 52.223-12 Maintenance, 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)

☐ Alternate I (Jan 2017) of 52.224-3 ☒ 52.225-1 Buy American-Supplies (Nov 2025)

☐ Alternate I (Oct 2022) of 52.225-1 ☐ 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2025)

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

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

☐ Alternate IV (Oct 2022) of 52.225-3

☐ 52.225-5 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 (Nov 2021)

☐ 52.232-30 Installment Payments for Commercial Products and Commercial Services (Nov 2021) ☒ 52.232-33 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) ☐ 52.240-92 Security Requirements (Nov 2025) ☒ 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025) ☐ 52.247-64 Preference 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

Other Applicable Clauses

52.216-18 Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from ___TBD___ through ____TBD_____. Dates to be inserted at award.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Delivery – Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $150,000;

(2) Any order for a combination of items in excess of $150,0000 or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity (Nov 2025)

As prescribed in 16.505(e), insert the following clause:

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after End date will be filled here once awarded.

52.247-34 F.O.B. Destination (Jan 1991)

(a) The term "f.o.b. destination," as used in this clause, means-

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarder for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall-

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

52.232-39 Unenforcibility of Unauthorized Obligations (Jun 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation ( 31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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)

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)

FAR 52.212-1 is amended as follows:

Offerors shall submit a complete quote in PDF format. Documentation may be submitted as a single PDF or multiple PDFs. Pricing must be provided using the “Pricing Schedule” Excel attachment posted on SAM.gov.

Quotes must include completed pricing for all line items and all ordering periods, a statement of current 30-day manufacturing capability including the maximum quantity producible under normal conditions, a summary of relevant experience describing work similar in scope, size, and complexity, and past performance information for up to five relevant contracts completed within the last five years.

Past performance details shall include contract number, agency or company name, point of contact, phone number, and email address.

If the offeror has no relevant past performance, it must affirmatively state that fact.

By submitting a quote, the offeror agree to hold prices firm for 90 calendar days from the solicitation closing date.

Questions regarding this solicitation must be submitted via email to samuel.lopez@usda.gov and amanda.barbosa@usda.gov no later than March 2, 2026, at 5:00 PM Eastern Time. The subject line of all questions must include the solicitation name and number. Responses will be posted publicly on SAM.gov; no phone inquiries will be accepted.

Quotes must be received by March 25, 2026, at 5:00 PM Eastern Time. Late submissions will not be accepted. When submitting quotes, include the solicitation name and number in the email subject line. Failure to include this information may result in the Government not considering the submission.

Quoters must submit all documentation in the form of a PDF. This can be singular or multiple PDFs.

Quoters must submit Pricing in the “Pricing Schedule” attachment provided. Discounts for quantity or prompt payment should be noted in the Pricing Schedule. Quotes must not exceed 20 pages single. In the event https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52 mailto:samuel.lopez@usda.gov

(End of Provision Addendum)

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 responsible offeror whose proposal conforms to the solicitation and is determined to represent the best value to the Government, considering price and other factors. The Government intends to make a single award under this solicitation; therefore, offerors must provide pricing for all line items listed in the Schedule. Failure to submit pricing for all items may render the offer nonresponsive.

The Government will evaluate offers based on the following factors:

Price: Offerors shall provide pricing as requested in the attached spreadsheet titled “Pricing Schedule.” Any quantity discounts and discounts for prompt payment should be clearly identified on the “Pricing Schedule.” Total price evaluation will include all ordering periods. The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.

Relevant Experience: This factor addresses what the offeror has done. The Government will assess the extent to which the offeror demonstrates experience performing work similar in scope, size, and complexity to the requirements of this solicitation. Greater consideration will be given to offerors whose experience reflects strong alignment with the Government’s needs.

In addition, the offeror shall state its current 30-day manufacturing capability, including the maximum quantity of items it can produce within a 30-day period under normal operating conditions. This information will be used to assess the offeror’s ability to meet delivery requirements.

Past Performance: This factor addresses how well the offeror performed on previous contracts.

Offerors shall provide up to five (5) relevant contracts completed within the preceding five (5) years, including the following reference information for each:

• Contract number

• Agency or company name

• Point of Contact (POC)

• Current phone number

• Current email address

If more than five (5) relevant contracts are submitted, only the first five (5) listed will be evaluated.

Contracts completed more than five (5) years prior to the date quotations are due will not be considered.

If an offeror has no relevant past performance history, the offeror must affirmatively state that it possesses no relevant past performance history.

The Government will evaluate past performance to evaluate the degree of confidence that the offeror will successfully perform the required effort. Evaluation will consider:

• Recency – How recent the work was performed

• Relevancy – Similarity to the current requirement

• Quality – Overall performance ratings and outcomes

Evaluation Method:

The Government intends to evaluate quotations using a comparative evaluation methodology.

Under this approach, quotations will be compared directly against one another to determine which provides the best value to the Government, based on the evaluation factors outlined in this solicitation.

The Government may consider quotations that exceed minimum requirements and offer additional value or benefits, even if they are not the lowest priced. While the Government will make tradeoff decisions between price and non-price factors, formal tradeoff procedures under FAR Part 15 will not be conducted. The Government reserves the right to award the quotation that represents the overall best value.

(End of Evaluation and Basis for Award)

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

☐ 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) ☐ 52.223-4 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

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.

mailto:SPE.inquiry@usda.gov

Statement of Requirement