SF 1449.pdf
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- Attached to
- Supervisor Office Elevator Repair and Maintenance Federal contract opportunity
- Solicitation number
- 12445226Q0045
About this file
This is a Request for Quotation (RFQ) for elevator repair and maintenance services at the Texas National Forest and Grasslands Supervisors office in Lufkin, Texas.
The solicitation, numbered 12445226Q0045, seeks a firm-fixed-price contract consisting of one restoration/replacement line item and one one-year base period with four optional one-year renewal periods. The primary requirement is to replace, refurbish, and upgrade an existing elevator with non-proprietary equipment, software, and hardware, with delivery scheduled for January 14, 2027. The base period of performance runs from August 3, 2026 through January 14, 2027. Following the initial installation, the contractor must provide one-year maintenance services for the base period (01/15/2027–01/14/2028) and four optional one-year maintenance periods through January 14, 2032. Maintenance repairs during routine inspections are billed as line items requiring contractor notification, cost estimation, and Contracting Officer authorization before work commences. The acquisition is a total small business set-aside (NAICS 238290, size standard $22 million) unrestricted to all responsible small business sources. All parts must demonstrate clear traceability to the Original Equipment Manufacturer (OEM) with certificates of conformance submitted per FAR 52.246-15. F.O.B. destination applies unless F.O.B. origin is specified with included shipping costs. The offer due date is August 11, 2026 at 12:00 p.m. Central Time. Award will be made to the highest technically-rated offeror provided pricing is fair and reasonable and past performance is acceptable or neutral. Quotations will be evaluated on technical approach to the Performance Work Statement requirements, past performance history, and price. The Contracting Officer is Andrew Cranford (817-900-2902), and questions must be submitted by August 4, 2026 at 12:00 p.m. Central Time via email to andrew.cranford@usda.gov. The solicitation incorporates standard FAR and AGAR clauses applicable to commercial items and includes provisions regarding Service Contract Labor Standards, Buy American requirements, anti-discrimination and DEI compliance, and unenforceable supplier terms.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| A02 SOI.pdf | ||
| A04 SCA Angelina 2015-5279.pdf | ||
| A03 PWS.pdf |
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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
ATLANTA GA 30309-2449
STE 876S
1720 PEACHTREE ST NW
USDA-FS CSA EAST 12
7DF5 CODE 16. ADMINISTERED BYCODE
X
X
X
238290
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR4452
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
08/11/2026 1200 CT
07/28/2026
817-900-2902ANDREW CRANFORD
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
12445226Q0045
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 20 1172622OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
LUFKIN TX 75904-1865
2221 N RAGUET STREET
NATL FORESTS GRASSLANDS IN TX
USDA FOREST SERVICE
15. DELIVER TO
ATLANTA GA 30309-2449
STE 876S
1720 PEACHTREE ST NW
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$22
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
USDA-FS CSA EAST 12
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.
0001 BASE - Replace, refurbish, and upgrade existing 1 EA elevator with non proprietary equipment, software, and hardware.
Delivery: 01/14/2027 Period of Performance: 08/03/2026 to 01/14/2027
0002 BASE - year Maintenance
Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
PENNY R. ZORTMAN
. 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.
Delivery: 365 Days After Receipt of Order
Period of Performance: 01/15/2027 to 01/14/2028
0003 OY1 - Year Maintenance
(Option Line Item)
Delivery: 365 Days After Receipt of Order
Period of Performance: 01/15/2028 to 01/14/2029
0004 OY2 - Year Maintenance
(Option Line Item)
Delivery: 365 Days After Receipt of Order
Period of Performance: 01/15/2029 to 01/14/2030
0005 OY3 - Year Maintenance
(Option Line Item)
Delivery: 365 Days After Receipt of Order
Period of Performance: 01/15/2030 to 01/14/2031
0006 OY4 - Year Maintenance
(Option Line Item)
Delivery: 365 Days After Receipt of Order
Period of Performance: 01/15/2031 to 01/14/2032
0007 Maintenance Repairs - Each Identified repair during the routine Inspection/ Maintenance for
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
20 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 20
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
12445226Q0045
OY1 thru OY4. Contractor is to identify repair and notify COR. Once COR has been notified, the
Contractor shall submit a quote for the parts and labor to restore the elevator to full working condition. COR is responsible for submitting modification documents to the CO for execution.
The Contractor shall NOT commence any repairs to the elevator until authorized to do so via modification from the CO.
(Option Line Item)
Delivery: 01/14/2031
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Texas National Forest and Grasslands Elevator Repair and Maintenance Service
12445226Q0045
Description
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. Quotations are being requested and a separate written solicitation will not be issued.
Solicitation number 12445226Q0045 is issued as a Request for Quotation (RFQ) for Elevator Repair and Maintenance at the Supervisors office in Lukin, Texas
This acquisition is set-aside for small business concerns. The applicable North American Industry Classification Standard Code is 238290 The small business size standard is 22 Million This acquisition is a Total Small Business Set-Aside. All responsible sources may submit a quotation which will be considered by the agency.
Schedule of Items – See Attachment A02
All items must have clear traceability to the Original Equipment Manufacturer (OEM), Traceability means a clear, complete, documented, and auditable paper trail which traces each step from an OEM or distributor to its current location.
The contractor shall furnish a Certificate of Conformance (COC) in accordance with Federal Acquisition Regulation (FAR) clause 52.246-15. COC must be submitted in the format specified in the clause. Offerors must be able to provide necessary certification including traceability to the manufacturer, manufacturer's COC, and its own certificate of conformance. Prospective vendors who are not the OEM or an authorized distributor must provide traceability for the offered product back to the manufacturer or authorized distributor.
Concerns having the expertise and required capabilities to provide these items are invited to submit offers in accordance with the requirements stipulated in this solicitation. Alternate Parts will be authorized if they are an approved alternate part that satisfies all form, fit, and function requirements of the original parts and conform to the approved configuration. All parts shall be NEW approved parts.
Technical Data - Technical data and supporting documentation associated with this solicitation are available through the following sources:
1. Solicitation Attachments The following documents are included as attachments to this solicitation and can be accessed via the “Attachments/Links” section of the posting.
• Attachment A02 – Schedule of Items
• Attachment A03 – Performance Work Statement and Specifications
• Attachment A04 – SCA Wage rate
Federal Acquisition Regulation (FAR) and United States Department of Agriculture Acquisition Regulation (AGAR) Clauses and Provisions
12445226Q0045
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) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest After Award (Sep 2025) 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2025) 52.240-91 Security Prohibitions and Exclusions (Nov 2025)
☐ Alternate I (Nov 2025) of 52.240-91 52.244-6 Subcontracts for Commercial Products and Commercial Services (Nov 2025)
The following clauses are applicable if checked:.
☐ 52.203-6 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) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
12445226Q0045
☒ 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)
☐ 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 ☒ 52.222-41 Service Contract Labor Standards (Aug 2018) ☐ 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)
This Statement is for Information Only:
It is not a Wage Determination
Employee Class Monetary Wage -- Fringe Benefits
☒ 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ☒ 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) ☒ 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) ☒ 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) ☒ 52.222-90 Addressing DEI Discrimination by Federal Contractors (Apr 2026)
12445226Q0045
☒ 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (Nov 2025) ☐ 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 (Nov 2025) ☐ 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) ☒ 52.237-2 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) ☐ 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
12445226Q0045
Other Applicable Clauses
52.216-18 Ordering (Aug 2020) 52.216-19 Delivery – Order Limitations (Oct 1995) 52.216-21 Requirements (Nov 2025) ☐ Alternate I (Apr 1984) of 52.216-21 52.216-22 Indefinite Quantity (Nov 2025) 52.217-6 Option for Increased Quantity (Mar 1989) 52.217-7 Option for Increased Quantity - Separately Priced Line Item (Mar 1989) 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.
52.232-90 Fast Payment Procedures (Nov 2025) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.245-1 Government Property (Sep 2021) ☐ Alternate I (Sep 2021) of 52.245-1 52.245-2 Government Property 52.245-9 Use and Charges 52.246-15 Certificate of Conformance (Apr 1984) 52.247-29 F.O.B. Origin (Feb 2006) 52.247-34 F.O.B. Destination (Jan 1991)
AGAR Clauses
AGAR 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
12445226Q0045 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:
1. Regardless of the format or style of the document. For example, supplier terms may appear in standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of a proposal or quotation responding to a solicitation for a contract or order or otherwise become effective after the contract date.
2. Regardless of the media or delivery mechanism used. For example, supplier terms may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.
(b) Applicability. When any supply or service acquired under this contract is subject to supplier terms, the supplier terms are deemed part of the contract only to the extent they are consistent with this clause. Supplier terms that conflict with any part of this clause, the contract, or Federal law are void and will not be considered incorporated into a contract, even if they are physically present in a contract documentation or systems. In the event of any inconsistency between supplier terms and
12445226Q0045 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.
12445226Q0045
(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.
12445226Q0045
(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.
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(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)
452.204‑71 Personal Identity Verification and Workforce Integrity of Contractor Employees (Apr 2026)
(a) Compliance with PIV Requirements. The contractor must comply with the personal identity verification (PIV) policies and procedures established by the United States Department of Agriculture (USDA) Directives 4620‑002 series, Homeland Security Presidential Directive 12, and any implementing guidance issued by the Contracting Officer. The contractor must appoint a representative responsible for PIV compliance and must maintain a current list of employees eligible for a USDA LincPass or otherwise authorized to perform work under this contract.
(b) PIV Sponsor Availability. The PIV Sponsor for this contract is the designated Government point of contact identified in the contract, typically the COR unless otherwise specified. The Government will notify the contractor of any changes. The contractor remains responsible for meeting all PIV obligations regardless of changes in sponsor availability.
(c) Contractor Workforce Integrity and Accountability. The contractor is fully responsible for ensuring that all individuals performing under this contract are properly vetted, eligible for access, authorized to perform the work, and accurately represented. At a minimum, the contractor must implement lawful and effective internal controls to:
(1) Verify the identity, work authorization, and qualifications of all personnel assigned;
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(2) Ensure only the individuals presented to USDA for PIV enrollment or identity verification perform work;
(3) Detect and address indicators of identity fraud, unauthorized substitution, or other workforce integrity risks; and
(4) Ensure continuous oversight of personnel, including remote workers, in accordance with any reporting requirements specified in the Contract.
(d) Mandatory Removal and Replacement. If the Government determines that a contractor employee fails to meet eligibility, security, integrity, or performance requirements, the Contracting Officer may direct the contractor to remove the individual from performance. The contractor must:
(1) Remove the employee immediately upon notice;
(2) Provide a qualified replacement at no additional cost to the Government; and
(3) Ensure continuity of operations so as not to impact mission requirements.
(4) Failure to promptly remove or replace employees when directed may result in remedies including withholding payment, termination, or other actions authorized under this contract.
(e) Impact on Contractor Performance. Contractor compliance with this clause, including timely removal and replacement of personnel, adherence to PIV requirements, and maintenance of workforce integrity, is a material requirement of this contract. Incidents of identity discrepancies, failure to maintain an eligible workforce, submission of personnel who do not match verified identities, unauthorized substitutions, or failure to comply with Government direction may result in termination and will be documented in the contractor’s performance assessment and reflected in the Contractor Performance Assessment Reporting System (CPARS).
(f) Subcontractor Applicability. The contractor must include this clause in all subcontracts requiring routine unaccompanied physical access to a Federally controlled facility and/or routine unaccompanied access to a Federally controlled information system. The contractor is accountable for ensuring subcontractor compliance.
(g) No Government Direction of Hiring Practices. Nothing in this clause authorizes the Government to direct the contractor’s internal hiring processes or require the disclosure of personal information beyond what is authorized by law, regulation, or contract terms. The contractor remains solely responsible for determining lawful methods to meet the requirements of this clause.
(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
12445226Q0045 between USDA and its contractors, it is the sole responsibility of the Contractor to ensure accuracy of the electronically transferred data. The Government’s 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 Contractor’s 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)
Award Type
It is anticipated that a Firm-Fixed price contract will be awarded as a result of this synopsis/solicitation consisting of one (1) restoration line and (1) one-year base period and four (4) one-year option periods shall be awarded as a result of this synopsis/solicitation.
The Government intends to make one award from this solicitation. Therefore, to be considered responsive, contractors must submit pricing for all items.
Evaluation and Basis for Award
The provision at FAR 52.212-2, Evaluation—Commercial Products and Commercial Services is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 12.203 based on the criteria listed below. Award will be made to the offeror representing the best value to the Government.
Vol I - Technical Approach to the project Vol II - Past Performance Vol III - Price
Volume I - Technical Approach:
The technical approach will evaluate the ability of the offeror to provide a sound and compliant approach that meets all requirements and shows a thorough understanding of them. It is the contractor's responsibility to ensure their quotation clearly demonstrates their capability to meet these requirements. All offerors must provide the following minimum information and documentation with their quotations to be considered responsive and have their offers evaluated:
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• Ability of the offeror to meet the schedule requirements listed in the Performance Work Statement (PWS).
• Detailed explanation of any requirement listed in the PWS that cannot be successfully accomplished by the offeror.
Volume II Past Performance:
The Government may utilize any references provided by the Contractor, along with information available from past contracts/orders with the USDA and any information found using sources such as Federal Government sources or the Contractor Performance Assessment Reporting System (CPARS) to determine if the Contractor has acceptable or neutral Past Performance. Past Performance will be evaluated using the following rating system:
• Acceptable: The contractor shows a demonstrated ability to meet contract requirements in prior or current contracts, including quality of work, timeliness, cost control, business relations, and adherence to contract terms.
• Neutral: Offeror does not have a past performance record.
• Unacceptable: The contractor has a documented history of failing to meet contract requirements, including poor quality, missed deadlines, cost overruns, lack of responsiveness, or unethical behavior.
Volume III - Price:
• The offeror shall provide pricing as requested in the Schedule of Items of this Request for Quote. Failure to propose pricing for all individual line items may result in a quotation being excluded from further consideration. The offeror’s quotation will be evaluated in accordance with FAR 12.204, to determine if it is fair and reasonable.
Evaluation Method:
All quotations will be evaluated to identify the offeror presenting the most technically advantageous solution based on the stated evaluation criteria. Once the highest technically rated offeror is identified, their price will be evaluated to determine whether it is fair and reasonable. Past performance will also be assessed to ensure it is acceptable or neutral.
Award will be made to the offeror whose proposal is determined to be the highest technically rated, provided that:
• The proposed price is fair and reasonable, and
• Past performance is assessed as acceptable or neutral.
Award will not necessarily be made to the lowest-priced offeror. Tradeoffs will not be conducted.
(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine
12445226Q0045 that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).
(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
Delivery Information
F.o.b. destination, is requested as the F.O.B. point for all deliverables.
All offers will be considered F.O.B. Destination unless F.O.B. origin is specified AND estimated shipping costs are included.
Qualification Requirements Offerors, or the product or service, ARE required to meet a qualification requirement to be eligible for award. Qualification requirements are outlined in the PWS.
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:
Period for acceptance of offers.
The Offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers.
Questions Questions shall be submitted via email to andrew.cranford@usda.gov and are due no later than 04 AUG 2026, at 12:00 PM Central Standard Time. This will ensure enough time to respond before the solicitation period ends. Please include the solicitation name and number as the subject line of the email.
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 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:andrew.cranford@usda.gov
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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)
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
52.216-31 Time and Materials/Labor Hour Proposal Requirements - Commercial Acquisition (Nov 2021) 52.217-5 Evaluation of Options (Nov 2025) 52.225-18 Place of Manufacture (Aug 2018)
AGAR Provisions 452.203-70 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Certification (Dec 2025)
(a) By submission of its offer, the offeror certifies that:
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(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)
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.
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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…
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