RFQ 123A9426Q0018.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

FSIS-ASD-ACQUISITION

BELTSVILLE MD 20705-5230

5601 SUNNYSIDE AVENUE

MAILDROP 5230

USDA, FSIS, ASD, ACQUISITIONS

FSIS-OPHS-MWL CODE 16. ADMINISTERED BYCODE

X

X

811210

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORFSIS-ASD-ACQUISITION

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

06/19/2026 1700 ET

06/08/2026

ANGELA CAREY

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

123A9426Q0018

5. SOLICITATION NUMBER

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

1 24 1167866OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

St Louis MO 63121 7654 Natural Bridge Road

USDA, FSIS, OPHS, MWL

15. DELIVER TO

BELTSVILLE MD 20705-5230

5601 SUNNYSIDE AVENUE

MAILDROP 5230

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$34

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, FSIS, ASD, ACQUISITIONS

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.

This is a combined/synopsis solicitation for preventative maintenance and repairs on Q Exactive Systems located at USDA Food Safety and Inspection Service (FSIS) Midwestern Laboratory in St Louis, MO.

Period of Performance: 07/11/2026 to 07/10/2031 Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

KAREN R. PETTY

. 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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 BASE YEAR: Maintenance for Q Exactive Focus MS 1 YR

Systems and Q Exactive Basic MS System (4 systems total): 07016L, 02814L, 10412L, 10437L coupled with LC's.

Period of Performance: 07/11/2026 to 07/10/2027

1001 OPTION YEAR 1: Maintenance for Q Exactive Focus 1 YR

MS Systems and Q Exactive Basic MS System (4 systems total): 07016L, 02814L, 10412L, 10437L coupled with LC's.

Period of Performance: 07/11/2027 to 07/10/2028

2001 OPTION YEAR 2: Maintenance for Q Exactive Focus 1 YR

MS Systems and Q Exactive Basic MS System (4 systems total): 07016L, 02814L, 10412L, 10437L coupled with LC's.

Period of Performance: 07/11/2028 to 07/10/2029

3001 OPTION YEAR 3: Maintenance for Q Exactive Focus 1 YR

MS Systems and Q Exactive Basic MS System (4 systems total): 07016L, 02814L, 10412L, 10437L coupled with LC's.

Period of Performance: 07/11/2029 to 07/10/2030

4001 OPTION YEAR 4: Maintenance for Q Exactive Focus 1 YR

MS Systems and Q Exactive Basic MS System (4 systems total): 07016L, 02814L, 10412L, 10437L

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

24 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 24

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

123A9426Q0018 coupled with LC's.

Period of Performance: 07/11/2030 to 07/10/2031

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

1 - Statement of Requirement 2 - Award Type 3 - Schedule of Items

Equipment Inventory 4 - Place of Performance 5 - Period of Performance 6 - Instructions to Offerors 7 - Evaluation and Basis for Award 8 - Service Contract Labor Standards 9 - FAR and AGAR Clauses and Provisions

Clauses Provisions

10 - Notice for Filing Agency Protests 11 - List of Documents, Exhibits, and Other Attachments

1 - Statement of Requirement

The USDA Food Safety and Inspection Service (FSIS) requires a preventative maintenance and repair service contract with performance at the Midwestern Laboratory located in St. Louis, MO. The objective is to ensure the continuous operational readiness of critical analytical systems used in food safety testing. The contractor shall provide all labor, travel, and materials including Original Equipment Manufacturer (OEM) replacement parts to maintain the systems identified in the Statement of Work (SOW).

2 - Award Type

It is anticipated that a Firm-fixed-price contract consisting of one (1) one-year base period and four (4) one-year option periods shall be awarded as a result of this synopsis/solicitation. The total duration of this contract shall not exceed five (5) years.

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

3 - Schedule of Items

Item/Sub Number Description Quantity Unit of

Issue Total Item Amount

BASE YEAR: Maintenance for Q Exactive Focus MS Systems and Q Exactive Basic MS System (4 systems total): 07016L, 02814L, 10412L, 10437L coupled with LC's.

1 YR

jljkljhkjhkljhkljhkljhkljjjjjjjjjjjjhj;l

OPTION YEAR 1: Maintenance for Q Exactive Focus MS Systems and Q Exactive Basic MS System (4 systems total): 07016L, 02814L, 10412L, 10437L coupled with LC's.

1 YR

OPTION YEAR 2: Maintenance for Q Exactive Focus MS Systems and Q Exactive Basic MS System (4 systems total): 07016L, 02814L, 10412L, 10437L

OPTION YEAR 3: Maintenance for Q Exactive Focus MS Systems and Q Exactive Basic MS System (4 systems total): 07016L, 02814L, 10412L, 10437L

OPTION YEAR 4: Maintenance for Q Exactive Focus MS Systems and Q Exactive Basic MS System (4 systems total): 07016L, 02814L, 10412L, 10437L

Equipment Inventory

ITEM

MODEL SERIAL

NUMBER BASE YEAR

UNIT PRICE

OPTION YEAR

UNIT PRICE

OPTION YEAR

UNIT PRICE

OPTION YEAR

UNIT PRICE

OPTION YEAR

UNIT PRICE

Q Exactive Focus MS System 07016L

1 HPG-3400RS 8099977

WPS-

3000TRS 8100045

1 TCC-3000RS 6004476

Q Exactive Basic MS System 02814L

Vanquish Binary Pump F 8304939

Split Sampler

FT 8304585

Column Compartment H 6500601

System 10412L

Binary Pump F 8318119

FT 8318734

Column

H 6505220

System 10437L

Binary Pump 8319265

F

Vanquish

FT 8318938

Column

H 6505546

4 - Place of Performance

USDA, FSIS, OPHS, MWL

Midwestern Laboratory 7654 Natural Bridge Road St Louis, MO 63121

5 - Period of Performance

Estimated Period of Performance:

BASE YEAR: 7/11/2026 - 7/10/2027

OPTION YEAR 1: 7/11/2027 - 7/10/2028

OPTION YEAR 2: 7/11/2028 - 7/10/2029

OPTION YEAR 3: 7/11/2029 - 7/10/2030

OPTION YEAR 4: 7/11/2030 - 7/10/2031

6 - Instructions to Offerors

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services (Nov 2025) FAR 52.212-1 is amended as follows:

The USDA Food Safety and Inspection Services will evaluate quotations using Comparative Analysis under Federal Acquisition Regulation Part 12.

Questions and Submission Details Questions shall be submitted via email to ANGELA L CAREY, at angela.carey@usda.gov and are due no later than June 12, 2026, at 12:00PM Eastern Standard Time. This will ensure enough time to respond before the solicitation period ends. Please include "123A9426Q0018 Maintenance Agreement Qexac" as the subject line of the email.

Submission: Quotations shall be submitted vis email to ANGELA L CAREY, at angela.carey@usda.gov, and are due no later than June 19, 2026, at 17:00PM Eastern Standard Time. Please include "123A9426Q0018 Maintenance Agreement Qexac" as the subject line of the email.

Quotation Structure - Each Offeror must submit a complete quotation organized into the following three distinct factors.

FACTOR 1: Technical Approach Each Offeror shall provide a detailed description of the methodology and processes used to meet all minimum service requirements as outlined in the Statement of Work (SOW). The response must explicitly address the following four areas

- Response Time & Technical Support: Detail your plan for 48-hour onsite response times, phone support limitations, and priority escalation procedures.

- Logistics & Parts Availability: Document your access to factory-certified new parts, regional inventory levels, and rapid shipping capabilities.

- Performance & Preventative (PM) Protocols: Outline your strategy for annual PM visits, mailto:Jon.Smith@usda.gov mailto:

operational verification testing, and support for legacy equipment.

- Personnel Training & Certification: Affirm that only manufacturer-certified personnel will perform service and maintenance actions

FACTOR 2: Price Each Offeror shall Submit all pricing data using the format provided in Section 4: Schedule of Items. Price proposals must adhere to the following conditions:

- Complete pricing for entire performance period.

- Confirm in arrears invoicing

- Fixed Pricing all-inclusive rates (labor, travel, and non-consumables parts)

- Discounts if offered

FACTOR 3: Past Performance The Government will evaluate past performance history to assess performance risk.

- Evaluations will rely primarily on records from the Contractor Performance Assessment Reporting System (CPARS). The Government reserves the right to pull these reports directly.

- Offerors lacking relevant CPARS history must explicitly state this in their proposal to receive a neutral rating.

Period for acceptance of offers.

The Offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

7 - 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.

Evaluation Method:

Technical Approach: The Government will evaluate the depth, feasibility, and completeness of the Offeror's proposed methodology. The Offeror shall provide a sound and compliant approach that meets all requirements in the Statement of Work (SOW) and shows a thorough understanding of them. The quote shall demonstrate a clear capability to meet all minimum service requirements, specifically:

- A realistic plan to guarantee a 48-hour onsite response and an efficient priority escalation path.

- Documented assurance of immediate factory-certified new parts availability and rapid shipping logistics.

- A structured protocol for thorough annual PM visits and technical support for legacy systems.

- Unconditional confirmation that only manufacturer-certified technicians will perform the work.

Price: The Government will verify that all items in Section 4: Schedule of Items are priced. The Government will confirm that rates are fully fixed (inclusive of labor, travel, and parts) and that the Offeror agrees to in-arrears invoicing. Evaluation will be based on the total aggregate price, factoring in any offered discounts. The price will be evaluated to determine if it's fair and reasonable.

Past Performance: The Government will evaluate 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.

Basis of Award:

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.

8 - Service Contract Labor Standards

8.1 Statement of Exemption

The preventative maintenance and repair services required under this Request for Quotation (RFQ) are exempt from the Service Contract Labor Standards (SCLS) (formerly known as the Service Contract Act).

This exemption is established under Federal Acquisition Regulation (FAR) 22.1002-1(e)(1), which govern contracts for the maintenance, calibration, or repair of specialized scientific and commercial laboratory equipment.

8.2 Scope of Covered Equipment

This exemption strictly applies to the preventative maintenance and remedial repair services of the following analytical instrumentation:

• One (1) Thermo Scientific Q Exactive Focus Mass Spectrometer

• Three (3) Thermo Scientific Q Exactive Basic Mass Spectrometers

• One (1) Thermo Scientific Dionex UltiMate LC System

• Three (3) Thermo Scientific Vanquish LC Systems

8.3 Basis for Exemption

To qualify for this exemption under FAR 22.1002-1(f)(2), the services must meet specific criteria. By submitting a quote, the Offeror certifies compliance regarding commercial availability of the equipment, established market pricing for the services, and adherence to equivalent compensation plans for employees as outlined in FAR 52.222-48.

8.4 Required Offeror Action & Certification Clause

Offerors must execute the certification below to confirm compliance with FAR 52.222-48. Failure to submit this signed certification will render the quotation non-responsive and ineligible for award.

9 - FAR and AGAR Clauses and Provisions

Clauses

Federal Acquisition Regulation (FAR) and United States Department of Agriculture Acquisition Regulation (AGAR) Clauses

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 http://

(Jan 2017) 52.222-50 Combating Trafficking in Persons (Nov 2025) 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)

The following clauses are applicable:

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) with Alternate I (Nov 2021) of 52.203-6 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) 52.222-3 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) 52.222-36 Equal Opportunity for Workers with Disabilities (Nov 2025) 52.222-37 Employment Reports on Veterans (Nov 2025) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (Nov 2025) 52.222-54 Employment Eligibility Verification (Nov 2025) 52.223-23 Sustainable Products and Services (Nov 2025) 52.232-33 Payment by Electronic Funds Transfer¿ System for Award Management (Oct 2018) 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) 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (No 2025)

Other Applicable Clauses 52.217-8 Option to Extend Services (Nov 1999) 30 calendar days prior to contract expiration 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) 30 Calendar days prior to contract expiration and 60 days

(c) five years.

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

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

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

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

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

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

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

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

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

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

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

(End of Clause) AGAR 452.203-72 Unenforceable Supplier Terms (MAY 2026)

(a) Definitions.

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

Regardless of the format or style of the document. For example, supplier terms may appear in standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order or otherwise become effective after the contract date.

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

(b) Applicability. When any supply or service acquired under this contract is subject to supplier terms, the supplier terms are deemed part of the contract only to the extent they are consistent with this clause.

Supplier terms that conflict with any part of this clause, the contract, or Federal law are void and will not be considered incorporated into a contract, even if they are physically present in a contract documentation or systems. In the event of any inconsistency between supplier terms and this contract, this clause and the terms of the Government contract must govern and supersede any supplier terms in all cases.

(c) Authorization Required. Notwithstanding any other provision, no supplier terms must be binding on the Government unless the term is expressly authorized on the USDA Supplier Terms Authorization Form signed by the Contracting Officer, and the completed Authorization Form has been incorporated into the contract.

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

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

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

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

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

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

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

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

(8) Grants the contractor rights to use, mine, access, aggregate, analyze, or otherwise exploit Government data, usage data, or metadata.

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

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

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

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

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

(14) Requires the Government to store, process, maintain, or transmit data in a particular geographic location, or permits the supplier to transfer Government data outside the United States, except as expressly authorized by applicable Federal law.

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

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

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

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

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

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

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

(e) Non-binding Actions. Neither the Government nor any Government authorized end user is deemed to have consented to any term, condition, or clause by virtue of its inclusion in the supplier agreement or through the use of clickwrap, browsewrap, ¿I agree¿ mechanisms, or similar means. Execution of such mechanisms does not bind the Government or its authorized end users to any unenforceable terms.

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

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

(h) Statutory exception. This clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(i) Continued performance. The supplier or licensor must not unilaterally revoke, terminate, or suspend any rights granted to the Government except as allowed by the contract. If the supplier or licensor believes the ordering activity to be in breach of the supplier agreement, it must pursue its rights under the Contract Disputes Act or other applicable Federal statute while proceeding diligently with performance, pending final resolution of any dispute in accordance with the Disputes Clause at FAR 52.212-4(d) or FAR 52.233- 1, as applicable.

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

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

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

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

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

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

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

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

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

(End of Clause)

452.204-70 Modification for Contract Closeout (Apr 2026)

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (Contracting Officer) may issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but is not required to provide a signature. The Contracting Officer will immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) For commercial contracts not exceeding the simplified acquisition procedure threshold under FAR 12.001(c), if more than $1,000 in unliquidated funds remain at closeout, the Contracting Officer will issue a bilateral deobligation modification. Only the modification requires the contractor's signature, though a Release of Claims may be requested. If the required documents are not returned within 60 days, the Contracting Officer will issue a unilateral modification and proceed with closeout once performance is complete, acceptance is confirmed, and final payment is made.

(c) For all other non-commercial or non-cost-reimbursement contracts, if more than $1,000 in unliquidated funds remain at closeout, the Contracting Officer will issue a bilateral deobligation modification and a Release of Claims, both requiring contractor signature. If these documents are not returned within 120 days, the Contracting Officer will issue a unilateral modification u and proceed with closeout upon completion of performance, acceptance, and final payment.

(End of Clause)

452.204-72 Use of Electronic Data Interchange (EDI) or Other Automation Technologies (Apr 2026)

(a) In the event that Electronic Data Interchange (EDI) functionality or other automation technologies such as Robotics Process Automation is utilized to facilitate electronic transactions between USDA and its contractors, it is the sole responsibility of the Contractor to ensure accuracy of the electronically transferred data. The Governments electronic system shall serve as the system of record for all data exchanged or retrieved.

(b) The Government shall not be liable to the Contractor for any delay or failure associated with EDI or other automation technologies. The Contractor's use of this service is at the Contractors sole risk. For electronic or automated services provided by USDA to the contractor, the services are provided on an as is and as available basis. For electronic or automated services provided by the contractor that interact with the USDA electronic systems, the USDA is not responsible for any costs incurred by the contractor related to the development, test, or support of the services. The Contractor shall be responsible for all fees associated with EDI. The Contractor is responsible for the confidentiality and security of its systems, interfaces, interconnections, and any documents that the customer receives from The Government pursuant to the contract.

(c) The Government reserves the right to restrict, refuse, or cancel any participation in EDI services.

(End of clause)

Provisions

Federal Acquisition Regulation (FAR) and United States Department of Agriculture Acquisition Regulation (AGAR) Provisions

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-

52.203-18 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) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications (Nov 2025)

Other Applicable FAR Provisions 52.217-5Evaluation of Options (Nov 2025) 52.233-2 Service of Protest (Sep 2025)

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) 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (Feb 2021) 52.222-48Exemption from Application of the Service Contract Labor Standards for Maintenance, Calibration, or Repair of Certain Equipment¿Certification (Nov 2025) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020)

AGAR Provisions

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

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

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

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

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

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

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

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

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

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

(End of Provision)

10 - Notice for Filing Agency Protests

NOTICE FOR FILING AGENCY PROTESTS

United States Department of Agriculture (USDA) Protest Procedures

The United States Department of Agriculture (USDA) is committed to fair, transparent, and efficient acquisitions. Interested parties with concerns about this solicitation are encouraged to seek resolution through the following USDA procedures.

Tier 1: Contracting Officer Concern Resolution

Submission: Interested parties with concerns about either the solicitation or subsequent award should first submit their concern directly to the Contracting Officer, providing sufficient detail to allow the Contracting Officer to understand and assess the issue.

Process: The Contracting Officer will review the concern, seek clarification as needed, and engage with the interested party to attempt prompt resolution.

Review Timeline: The Contracting Officer will make every effort to provide a response or resolution within 10 business days of receiving the concern.

Effect on Award or Performance: Tier 1 engagement is not considered an official notification of filing an agency protest and does not pause solicitation deadlines, delay award decisions, or suspend contract performance.

Next Steps: If the matter cannot be resolved at Tier 1, the interested party may file a written agency protest under Tier 2.

USDA encourages all parties to seek resolution with the Contracting Officer before filing an agency protest.

Tier 2: Agency Protest If concerns cannot be resolved at Tier 1, an interested party may file a written agency protest with either the Contracting Officer or the USDA Independent Review Authority. The decision by the USDA Independent Review Authority is an alternative to a decision by the Contracting Officer. The USDA Independent Review Authority will not consider an appeal of the Contracting Officer¿s decision on an agency protest.

The protest must state whether the protester elects review by the Contracting Officer, by the UDSA Independent Review Authority. If no election is stated, the Contracting Officer will decide the protest.

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

Submission: Agency protests should be submitted electronically to SPE.inquiry@usda.gov and the Contracting Officer.

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

Effect on Award or Performance: Contract awards or performance will be suspended during the protest period unless justified in writing for urgent and compelling reasons or determined to be in the best interest of the Government.

Review Timeline: USDA strives to resolve agency-level protests within 35 business days of receipt.

Election of Forum: By filing a protest with USDA, the protesters agree not to file a protest on the same matter with the Government Accountability Office (GAO) or any other external forum while the agency protest is pending. If such a protest is filed externally, the USDA agency protest will be dismissed.

Questions: Questions regarding this notice or protest procedures should be directed to the Contracting Officer identified in this solicitation.

11 - List of Documents, Exhibits, and Other Attachments

List of Attachments mailto:SPE.inquiry@usda.gov

Attachment Number Title Date

1 Attachment 1 Statement of Work (SOW) 06/08/2026 1 Attachment 2 - Service Contract Labor Standards Exemption 06/08/2026

US Department of Agriculture (USDA)

Statement of Work

Contents Project General Information

1. Scope of Work

2. Background Contractor Requirements

3. Technical Requirements / Tasks

4. Government Furnished

5. Deliverables / Schedule

6. Contractor’s Key Personnel

7. Security Requirements

8. Travel Expenses

9. Section 508 - Accessibility of Information and Communications Technology

10. Section 508 Compliance

Project

Annual Preventative Maintenance and Repair Service contract (3) Q Exactive and (1) Q Exactive Focus Mass Spectrometers Coupled with Liquid Chromatographs (LCs)

General Information

1. Scope of Work

The objective of the Midwestern Laboratory (ML) is to procure preventative maintenance and repair service contract for one Thermo Q Exacitve Focus and three Thermo Q Exactive Basic instruments coupled with one Dionex UltiMate LC and three Thermo Vanquish LCs. The instruments details are listed in Table 1. This annual service contract will cover each one of the instrument units and will include onsite repair and preventative service visits as well as repair and preventative service parts during the contract period.

Table 1: ML Thermo Instruments Details

System Model Serial Number

1 Q Exactive Focus MS System 07016L

1 HPG-3400RS 8099977

1 WPS-3000TRS 8100045

1 TCC-3000RS 6004476

2 Q Exactive Basic MS System 02814L 2 Vanquish Binary Pump F 8304939 2 Vanquish Split Sampler FT 8304585 2 Vanquish Column Compartment H 6500601

3 Q Exactive Basic MS System 10412L 3 Vanquish Binary Pump F 8318119 3 Vanquish Split Sampler FT 8318734 3 Vanquish Column Compartment H 6505220

4 Q Exactive Basic MS System 10437L 4 Vanquish Binary Pump F 8319265 4 Vanquish Split Sampler FT 8318938 4 Vanquish Column Compartment H 6505546

2. Background

The Food Safety and Inspection Service (FSIS), a public health regulatory agency of the U.S. Department of Agriculture (USDA), protects consumers by ensuring meat, poultry, catfish, and egg products are safe, wholesome, and accurately labeled. The FSIS Midwestern Laboratory (ML) specializes in analyzing meat, poultry, catfish, and egg products to ensure the American food supply is protected from adulteration. The ML performs testing for antibiotics and other veterinary drugs residue in food animal tissues. Thermo Q Exactive mass spectrometers, which are hybrid quadrupole – Orbitrap, coupled with LCs are utilized for these testing applications. These mass spectrometers allow the analysis of trace-level components in complex matrices, such as kidney, liver, and muscle animal tissues. Orbitrap technology provides high resolution/accurate mass (HR/AM) capabilities enabling the monitoring of the current targeted compounds and emerging non-targeted compounds. The ML is located at 7654 Natural Bridge Road, Saint Louis, Missouri 63121.

Contractor Requirements

3. Technical Requirements / Tasks

• Factory certified parts, labor, and travel for remedial repair

• Two business days onsite response time for remedial repairs

• 1 preventative maintenance visit per instrument per contract year

• Hardware and application telephone support

• Priority access for technical support inquiries

• 25% discount on fixed price services

• Firmware and software updates

• E-Support technical resources containing software, application, and service bulletins

Invoicing shall be completed in arrears.

(a) Hours of Service:

Maintenance/repair services shall be provided during normal working hours, 8:00am to 6:00pm CST, Monday through Friday, excluding Federal Holidays.

(b) Unless otherwise stated, on-site response time will not be longer than 48-hours after a service call has been authorized. A representative may ask the analyst to try several troubleshooting techniques before opening a service call.

The maximum telephone troubleshooting time is one full working day. On-site service calls and travel times are unlimited.

On-site call maintenance to include all labor, travel and replacement parts that are not considered consumables. If the required part is not in stock or available, a representative will place an order with the supplier and authorize next business day delivery. Repairs shall be made in accordance with manufacturer specifications.

(c) The Contracting Officer Representative (COR) will act, on-site, as the technical point of contact for the Government, initiate service calls, and perform acceptance of equipment after maintenance and repairs. The COR’s authority is limited to technical issues and he/she is not authorized to make contractual decisions. The authority to resolve monetary issues and contractual interpretation is the responsibility of the Contracting Officer.

(d) The contractor will guarantee only their trained and certified employees, sub- contractors, agents, or other authorized labor of the contractor are to perform work on the equipment listed in this Statement of Work. The contractor shall demonstrate said training and certification by providing a recent (within 1 year) copy of training and/or certification documentation to the COR prior to commencing work. The COR may reject employees, subcontractors, agents, or other authorized labor of the contractor if they do not meet the training or certification documentation requirements

(e) The contractor shall perform preventative maintenance (PM) once (1) per contractual period. This will include consumables during a routine preventative maintenance visit. All preventive maintenance must be documented, and the documentation must be provided to the COR prior to leaving the site unless alternate arrangements have been made with

COR.

(f) Parts and materials used for repairs/maintenance shall be new and meet manufacturer specifications. The contractor shall maintain an adequate inventory of spare parts to accommodate the repair of equipment within time limits specified in paragraph 4 above. The contractor shall pay charges to ship replacement or repaired equipment to the customer. The contractor shall also pay shipping charges for the return of equipment to the contractor.

(g) The equipment shall be fully operational according to laboratory methodology and serviceable after completion of maintenance and repairs. Prior to leaving the area, the contractor shall demonstrate to the COR or designated representative that the equipment is operational. The COR or designated representative will certify the equipment is performing satisfactorily.

(h) The contractor will support any equipment listed in the solicitation that becomes legacy equipment and out-of-support instruments on a best effort basis.

4.…