Solicitation 1240LN26R0004.pdf
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- Attached to
- Facility Work at Federal Building-11 Federal contract opportunity
- Solicitation number
- 1240LN26R0004
- Issued by
- Department of Agriculture Forest Service
About this file
Solicitation Summary: Facility Work at Federal Building-11
Solicitation Type and Overview
This is a Request for Quote (RFQ) for commercial construction services issued by the U.S. Department of Agriculture, Agricultural Research Service (USDA-ARS) under Solicitation Number 1240LN26R0004. The Government seeks a fixed-price contract to perform interior repair work at a federally owned facility located at 3127 Ligon Street, Raleigh, North Carolina 27607. The construction magnitude is estimated between $250,000.00 and $500,000.00, with a performance period not to exceed 60 days from Notice to Proceed.
Scope of Work and Requirements
The contractor must furnish all labor, materials, equipment, and supplies to complete interior wall preparation and painting in hallways and offices; replace hallway nook cabinets, countertops, sinks, and lighting fixtures with commercial-grade components; replace all acoustic ceiling tiles throughout the building (10,100 square feet); perform flooring removal and replacement with two pricing options (Option A: full hallway and office replacement; Option B: office-only replacement); and convert a front entrance office suite into a conference room staff collaboration area, including design services, permit acquisition, and structural modifications. All work must comply with ARS Facilities and Design Standards (P&P 242.1), federal, state, and local codes, and OSHA asbestos standards. The contractor must conduct ACM testing prior to demolition and follow EPA NESHAP requirements if asbestos-containing materials are identified. The Government prefers Luxury Vinyl Tile (LVT) for flooring due to durability and cost-effectiveness. Work hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding federal holidays, with alternate hours requiring three days' advance coordination. All waste must be removed daily from the property, and contractors must maintain a clean work area.
Key Dates and Submission Requirements
Proposals are due by 5:00 p.m. Eastern Time on September 22, 2026, submitted via email to Gilbert Chonje (gilbert.chonje@usda.gov). Questions must be submitted by September 17, 2026 at 2:00 p.m. Eastern Time. The offeror agrees to hold prices firm for 90 calendar days from the date specified for receipt of offers. Award will be made to the offeror presenting the highest technically rated proposal, provided the price is fair and reasonable and past performance is acceptable or neutral. The Government intends to make one award and requires pricing for all line items to be considered responsive.
Evaluation Criteria and Regulatory Requirements
The technical approach will be evaluated on the offeror's ability to meet all requirements and schedule commitments, with detailed explanation of any requirements that cannot be accomplished. Price will be evaluated for fairness and reasonableness under FAR 12.204. Past performance will be assessed as acceptable, neutral, or unacceptable based on demonstrated ability to meet contract requirements, including quality of work, timeliness, cost control, and business relations. The solicitation incorporates numerous FAR and AGAR clauses applicable to commercial construction, including labor standards (construction wage rates per Wake County, North Carolina wage determination), small business subcontracting plan requirements, employment eligibility verification, Buy American provisions, insurance (work on Government installation), differing site conditions, and anti-discrimination/DEI compliance certifications. Contractors must be registered in SAM.gov before submitting a bid and are strongly encouraged to conduct a site visit prior to bidding with no consideration given to claims based on lack of familiarity with existing conditions.
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SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION CALL
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
1171696
USDA-FS CSA INTERMOUNTAIN 3
324 25TH ST
OGDEN UT 84401-2310
40LN
GILBERT CHONJE 931-378-8014
1x 09/15/2026
1240LN26R0004
INVITATION FOR BID
REQUEST FOR PROPOSAL
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
The Contractor shall furnish all labor, materials, equipment, and supplies necessary to perform required interior repair work for the U.S. Department of Agriculture, Agricultural Research Service (USDA ARS) at the federally owned facility located at
3127 Ligon Street, Raleigh, NC 27607.
11. The Contractor shall begin performance within
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and is not required.is, b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
10 60 calendar days and complete it within ________________ ________________ calendar days after receiving
09/22/2026
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 12/2022)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
USDA-FS CSA INTERMOUNTAIN 3
324 25TH ST
OGDEN UT 84401-2310
40LN
GILBERT C. CHONJE
28. NEGOTIATED AGREEMENT 29. AWARD
and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations,certifications, and specifications incorporated by reference in or attached to this contract.
copies to issuing office.) Contractor agrees to furnish
10 U.S.C. 3204(a) 41 U.S.C. 3304(a)
STANDARD FORM 1442 (REV. 12/2022) BACK
Continued...
and return
(Contractor is not required to sign this document.) Your offer on this
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 38
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
1240LN26R0004
0001 Facility Work
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Schedule of Items
Item(s) Quantity with Flooring Option A With Flooring Option B Amount
Painting: 1
Cabinet/Sink/Lighting: 1
Flooring Option A: 1
Flooring Option B: 1
ACM Survey: 1
ACM Abatement 1
Ceiling Tile: 1
Conference Room: 1
Permits: 1
Debris Removal: 1
Overhead/Profit: 1
Item Subtotal
Cumulative TOTAL
United States Department of Agriculture
Agricultural Research Service
STATEMENT OF WORK
Facility Work at Federal Building-11 Asset ID – 664500B011
3127 Ligon Street, Raleigh, NC
Contents Statement of Work
(Scope of Work)
Interior Wall Preparation and Painting – Hallways and Offices
Square Footage Verification
Existing Surface Conditions
Surface Preparation
Primer and Paint Application
Furniture Handling
Lab Instruments
Wall-Mounted Fixtures
Cleanup and Waste Disposal
Coordination Requirements
Hallway Nook Cabinet, Lighting, and Sink Replacement
Flooring Removal and Replacement Options
Option A – Full Flooring Replacement (Hallways + Offices)
Option B – Partial Flooring Replacement (Offices Only)
Requirements for Both Options
Front Entrance Office Suite → Conference Room Staff Collaboration Area Conversion
Inspections and Completion
Site Visit
Utilization of Bio-Based Products
Recycling
Safety
Detailed Bid
Material / Submittals
Installation Procedure
Damage to Property
Inspection and Acceptance
Project Schedule
Work Hours
Site Access During Covid-19 Recovery
Project Contacts
Statement of Work The Contractor shall furnish all labor, materials, equipment, and supplies necessary to perform required interior repair work for the U.S. Department of Agriculture, Agricultural Research Service (USDA-ARS) at the federally owned facility located at 3127 Ligon Street, Raleigh, NC.
All work shall comply with applicable federal, state, and local codes and regulations, including ARS Facilities and Design Standards (P&P 242.1). Work shall be completed in a professional manner consistent with good workmanship and standard practices.
The Contractor is responsible for verifying all dimensions, site conditions, and repair needs before submitting a bid.
The Contractor shall obtain all required permits, licenses, and inspections at their own expense. All materials and products proposed for use must be submitted as written specifications and included in the bid.
Normal working hours are 8:00 a.m. – 5:00 p.m., Monday through Friday. Work requiring alternate hours must be coordinated at least three (3) days in advance with the Location Monitor (LM).
The Contractor shall notify the Location Monitor (LM): at least 24 hours prior to any utility outages.
During all repair work, the Contractor shall maintain a safe work area, mark hazards, and keep the area clean. All demolition and waste materials shall be removed from the property daily and may not be placed in Government receptacles. Any damage to federal property must be repaired at the Contractor’s expense.
(Scope of Work) Interior Wall Preparation and Painting – Hallways and Offices The Contractor shall provide all labor, materials, supervision, and services necessary to restore and refinish interior wall surfaces in hallways and office areas. All work shall comply with ARS Facilities and Design Standards and shall be performed in a professional manner consistent with good industry practice.
Square Footage Verification The Contractor is responsible for verifying all wall-surface square footage included in this requirement.
Preliminary estimates will be provided by the Government for reference; however, the Contractor shall confirm all measurements to ensure accurate pricing, preparation, and material quantities.
Existing Surface Conditions The existing wall surfaces are painted drywall with areas of wear, scuffs, and minor damage such as nail holes and dents.
Surface Preparation The Contractor shall:
• Inspect all wall surfaces to identify dents, holes, cracks, and other deficiencies.
• Repair and patch all damaged areas and sand patched surfaces to achieve a smooth, paint-ready finish.
• Clean all substrates to remove dust, dirt, and other contaminants.
• Protect adjacent flooring, equipment, furniture, ceilings, fixtures, and furnishings throughout the work.
Primer and Paint Application All primer and paint shall comply with ARS Facilities and Design Standards.
Primer:
Apply an interior primer compatible with the selected acrylic latex topcoat.
Use stain-blocking primer on repaired, glossy, or discolored surfaces to ensure uniform coverage.
Finish Paint:
• Apply two coats of low-VOC interior acrylic latex paint.
• Wall finishes shall meet ARS workspace standards and provide a durable, washable surface with uniform color and sheen.
• All paint colors and sheens shall be submitted to the Government for approval prior to application.
• Finished surfaces shall be free of visible repairs, streaks, lap marks, and other imperfections.
Furniture Handling Government staff will move heavy or sensitive items (e.g., large file cabinets).
The Contractor may move lightweight or easily movable items in accordance with safety practices.
Lab Instruments Offices are attached to the Labs. Floor work or painting will be in the offices only. The Contractor shall not handle or relocate lab instruments.
Wall-Mounted Fixtures The building contains various wall-mounted fixtures such as bulletin boards, whiteboards, signage, and similar items.
• Fixtures that can be safely removed will be removed by the Government prior to painting.
• Fixtures that must remain in place shall be painted around neatly and professionally.
Cleanup and Waste Disposal Upon completion of each work area, the Contractor shall remove masking, protective coverings, debris, and waste materials. Disposal shall comply with all federal and ARS environmental requirements.
All areas shall be restored to a clean and orderly condition before Government review.
Coordination Requirements The Contractor shall coordinate painting activities with the Location Monitor to minimize disruption to USDA operations and ensure safe access to occupied work areas.
Hallway Nook Cabinet, Lighting, and Sink Replacement The Government intends to update the built-in cabinetry located in the hallway nook area. The Contractor shall provide all labor, materials, equipment, and coordination necessary to perform the following:
Scope of Work
• Remove existing cabinets, countertop, sink, and associated fixtures located in the hallway Coffee nook area.
• Furnish and install new commercial-grade cabinets and countertop suitable for high-traffic, shared-use environments.
• Provide and install a new sink, faucet, supply lines, and drain connections.
• Replace existing lighting within the nook area with energy-efficient LED fixtures that provide adequate and uniform illumination.
• Repair and prep disturbed wall surfaces and finishes to match the surrounding hallway appearance.
• Ensure all plumbing, electrical, and lighting work complies with applicable codes and ARS facility requirements.
Submittals
• Cabinet and countertop specifications, finish samples, and shop drawings.
• Lighting fixture product data and photometric output details.
• Sink, faucet, and plumbing fixture specifications.
• Any required electrical or plumbing permits.
General Requirements
• All demolition and installation must be performed in a manner minimizing disruption to building operations.
• Contractor shall coordinate with the Government’s Location Coordinator for access, material placement, and scheduling.
• All waste and debris must be removed from the facility and disposed of according to applicable regulations — no use of Government dumpsters.
• All materials shall match or complement existing hallway finishes to maintain a cohesive appearance.
Flooring Removal and Replacement Options The Government is considering two possible approaches for flooring replacement. The Contractor shall provide a complete, separate price for each option. The Government will select one option prior to award. Square footage for proposed areas is approximately 5000 Square feet.
Option A – Full Flooring Replacement (Hallways + Offices) Under this option, the Contractor shall:
• Remove all existing flooring in the hallways and office areas. Flooring materials include a mix of carpet and tile.
• Perform all required testing of existing flooring materials and obtain laboratory confirmation prior to demolition.
• If asbestos-containing material (ACM) is identified, conduct all removal, handling, and disposal activities in accordance with OSHA asbestos standards, EPA NESHAP requirements, and all applicable federal, state, and local regulations. No removal may begin until results and an approved abatement plan are issued by the Government.
• Remove all flooring, adhesives, and debris down to a clean, sound subfloor. Prepare the subfloor by leveling, cleaning, and ensuring compatibility with new flooring systems.
• Submit all proposed flooring materials, adhesives, transitions, and installation methods for Government review and approval.
Option B – Partial Flooring Replacement (Offices Only) Under this option, the Contractor shall:
• Remove and replace flooring only in the carpeted office areas. Existing hallway tile shall remain in place.
• Perform ACM testing and follow all asbestos-related requirements consistent with Option A.
• Verify whether new flooring products are available that visually coordinate with the existing hallway tile in color, pattern, and height.
• Provide a minimum of three (3) office-area flooring options, including material samples, specifications, and recommended transition solutions to ensure a professional, cohesive appearance.
• Identify any visual or height-transition concerns and propose corrective measures.
• Remove flooring and prepare the subfloor only in designated carpeted areas, ensuring a clean and level surface suitable for commercial installation.
Requirements for Both Options The following requirements apply regardless of which option is selected:
• All flooring materials shall be suitable for high-traffic commercial environments, durable, resistant to wear, easy to maintain, and appropriate for ARS operational needs.
• The Government’s preferred flooring material for this renovation is Luxury Vinyl Tile (LVT) due to its durability, cost-effectiveness, acoustic performance, and suitability for office and conference-room environments. LVT provides a resilient, low-maintenance surface that aligns with ARS workspace finish expectations identified in ARS Design Standards (see 242.1M-ARS room-finish schedules)
• Asbestos Testing & Compliance:
Prior to demolition, the Contractor shall conduct all required testing for asbestos-containing materials (ACM). If ACM is present, the Contractor shall follow OSHA asbestos standards, EPA NESHAP, and all federal, state, and local regulations. No removal of suspect material may begin until laboratory results are received and the Government approves any required abatement plan.
• All waste shall be collected, handled, and disposed of in a proper lawful manner at an off-site location following regulatory requirements and may not be placed in Government receptacles.
https://usdagcc.sharepoint.com/sites/ARS-AFM/_layouts/15/viewer.aspx?sourcedoc=%7bb737b427-0c72-4439-8b19-b37fa2a189ac%7d
• The Contractor shall submit all materials, adhesives, transitions, and installation specifications for Government review and approval prior to installation.
Ceiling Repairs The Contractor shall:
• Replace all acoustic ceiling tiles throughout the building, including all laboratory areas. New tiles shall match the existing 2 by 4 tiles in current grid system and comply with USDAARS facility standards. Building is 10,100 Square feet.
Front Entrance Office Suite → Conference Room Staff Collaboration Area Conversion Design and Permitting Requirements
Because this renovation includes interior demolition, construction of new partition walls, and modifications to electrical, the Contractor shall provide all design services necessary to obtain applicable local building permits. Although the project does not modify fire-safety egress routes, all work must comply with the current building, electrical, mechanical, and life-safety codes in effect for the jurisdiction.
The Contractor shall:
• Develop permit-ready design documents for the interior renovation work, including demolition notes, new wall layouts, electrical and low-voltage modifications, and any required code information.
• Provide drawings and specifications stamped and sealed by a licensed design professional (architect or engineer), as required by local permitting authorities, for the portions of work requiring professional certification.
• Coordinate design development with the Government’s Location Coordinator, Audra Bowman.
• Submit all required design documents, engineering details, and product submittals for USDA review and approval prior to initiating any construction activities.
• Ensure that all design work aligns with ARS design and submittal practices similar to those used in other ARS projects, such as stamped structural or engineering submissions
At project completion, the Contractor shall provide:
• All approved submittals
• Asbestos abatement documentation and clearance reports
• Manufacturer data and installation requirements
• Warranties
• Documentation of completed construction, when relevant.
Inspections and Completion
1. Upon completion, the Contractor shall demonstrate performance to the LM and other Government representatives.
2. All debris, excess materials, and equipment must be removed from the site.
3. The LM will approve final payment upon satisfactory inspection.
Site Visit Bidders are strongly encouraged to visit the site prior to bidding.
No consideration will be given to claims based on lack of familiarity with existing conditions.
Contractors must be registered in SAM.gov before submitting a bid.
Utilization of Bio-Based Products The Contractor shall comply with the USDA BioPreferred Program requirements under the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005.
Bio-based products must be used where practicable and approved by the Contracting Officer.
Recycling Contractor shall make best efforts to recycle debris whenever feasible.
Safety All work shall comply with federal and state safety standards, including OSHA regulations and asbestos abatement requirements.
Detailed Bid The Contractor shall provide an itemized bid breaking down labor, materials, equipment, abatement, disposal, and all required repair work.
Contractor Responsibility
1. Verify all dimensions and site conditions.
2. Maintain daily cleanliness and control debris.
3. Coordinate all phases of work with the Government.
4. Remove all waste daily and at project completion.
5. Ensure work does not disrupt USDA operations.
6. Provide full supervision for all work.
Material / Submittals All materials, shop drawings, specifications, and product data must be submitted to and approved by the Contracting Officer before installation.
Installation Procedure The Contractor shall perform all work safely, within approved hours, and using only Contractor provided- equipment. The site must be left clean and orderly at completion.
Damage to Property Any damage to Government property caused by the Contractor shall be repaired or replaced at the Contractor’s expense.
Inspection and Acceptance The Contractor shall coordinate final inspection with the LM.
Project Schedule Project completion shall not exceed 60 days from Notice to Proceed.
Any request for extension must be submitted in writing with justification.
Work Hours Monday through Friday 8:00 a.m. – 5:00 p.m.
(excluding federal holidays)
Site Access During Covid-19 Recovery The Contractor shall follow any USDA facility access or health requirements in effect at the time of work.
Solicitation Number 1240LN26R0004
Project Location
Federal Building-11 3127 Ligon Street, Raleigh, NC 27607
Construction Magnitude
Between $250,000.00 - $500,000.00
Federal Acquisition Regulation (FAR) and United States Department of Agriculture Acquisition Regulation (AGAR) Clauses and Provisions The clauses and provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions.
Acceptance of the order in accordance with (IAW) FAR 12.201-1(b)(2) constitutes acceptance of all terms and conditions contained herein.
As part of the Revolutionary FAR Overhaul (RFO), system updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
52.212-4 Terms and Conditions—Commercial Products and Commercial Services (Nov 2025) ☒ Alternate I (Nov 2025) of 52.212-4
This is a commercial construction acquisition. FAR 52.212-4 is amended as follows:
(b) Inspection/Acceptance. Inspection and Acceptance will be conducted in accordance with FAR 52.246-12, Inspection of Construction (Aug 1996).
(d) Changes. Changes will be handled in accordance with the following FAR clause(s):
☒ FAR 52.243-4, Changes (Nov 2025) ☒ FAR 52.243-5, Changes and Changed Conditions (Nov 2025)
(o) Warranty. FAR 52.246-21, Warranty of Construction is applicable to this contract.
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) ☒ 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) ☐ 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)
☒ 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) ☐ 52.240-92 Security Requirements (Nov 2025)
☐ Alternate II (Nov 2025) of 52.240-92 ☐ 52.240-93 Basic Safeguarding of Covered Contractor Information Systems (Nov 2025) ☐ 52.242-13 Bankruptcy (July 1995) ☐ 52.246-21 Warranty of Construction (Mar 1994) ☐ 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
The Contractor shall comply with the following FAR Clauses for Commercial Construction.
52.222-6 Construction Wage Rate Requirements (Nov 2025) 52.222-7 Withholding of Funds (Nov 2025) 52.222-8 Payrolls and Basic Records (Nov 2025) 52.222-9 Apprentices and Trainees (Nov 2025) 52.222-10 Compliance with Copeland Act Requirements (Nov 2025) 52.222-11 Subcontracts (Labor Standards) (Nov 2025) 52.222-12 Contract Termination-Debarment (May 2014) 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.
(May 2014) 52.222-14 Disputes Concerning Labor Standards (Nov 2025) 52.222-15 Certificate of Eligibility (May 2014) 52.236-5 Material and Workmanship (Jul 2025)
The following clauses are applicable when checked:
☐ 52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Pricing Method (Aug 2018) ☐ 52.222-31 Construction Wage Rate Requirements-Price Adjustment (Percentage Method) (Aug 2018) ☐ 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method) (Nov 2025) ☐ 52.225-9 Buy American-Construction Materials (Nov 2025) ☐ Alternate I (Oct 2022) of 52.25-9 ☒ 52.225-11 Notice of Buy American Requirement-Construction Materials under Trade Agreements (Nov 2025) ☒ Alternate I (Nov 2025) (of 52.225-11 ☒ Alternate II (Oct 2022) of 52.225-11 ☐ 52.228-2 Additional Bond Security (Oct 1997) ☒ 52.228-5 Insurance-Work on Government Installation (Jan 1997) ☐ 52.228-11 Individual Surety-Pledge of Assets (Feb 2021) ☐ 52.228-13 Alternative Payment Protections (Jul 2020) ☐ 52.228-14 Irrevocable Letter of Credit (Nov 2014) ☐ 52.228-15 Performance and Payment Bonds-Construction (Jun 2020) ☐ 52.228-17 Individual Surety-Pledge of Assets (Bid Guarantee) (Feb 2021) ☒ 52.236-2 Differing Site Conditions (Jul 2025) ☐ 52.236-3 Site Investigation and Conditions Affecting the Work (Jul 2025) ☐ 52.236-6 Superintendent by the Contractor (Jul 2025) ☒ 52.236-7 Permits and Responsibilities (Jul 2025) ☐ 52.236-8 Other Contracts (Jul 2025)
☐ 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Jul 2025) ☐ 52.336-10 Operations and Storage Areas (Jul 2025) ☐ 52.236-11 Use and Possession Prior to Completion (Jul 2025) ☒ 52.236-12 Cleaning Up (Jul 2025) ☒ 52.236-13 Accident Prevention (Jul 2025) ☒ Alternate I (Nov 1991) of 52.236-13 ☐ 52.236-14 Availability and Use of Utility Services (Jul 2025) ☐ 52.236-15 Schedules for Construction Contracts (Jul 2025) ☐ 52.236-16 Quantity Surveys (Jul 2025) ☐ Alternate I (Apr 1984) of 52.236-16 ☐ 52.236-17 Layout of Work (Jul 2025) ☒ 52.236-21 Specifications and Drawings for Construction (Jul 2025) ☒ Alternate I (Apr 1984) of 52.236-21 ☒ Alternate II (Apr 1984) of 52.236-21 ☒ 52.242-14 Suspension of Work (Apr 1984) ☐ 52.248-3 Value Engineering (Oct 2025) ☐ Alternate I (Apr 1984) of 52.248-3
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 and 6 months.
52.232-90 Fast Payment Procedures (Nov 2025) 52.245-1 Government Property (Sep 2021) ☐ Alternate I (Sep 2021) of 52.245-1 52.245-2 Government Property Installation Operation Services (Apr 2012) 52.245-9 Use and Charges (Apr 2012) 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
452.203-71 Anti-Discrimination and Diversity, Equity, and Inclusion (DEI) Compliance (Dec 2025)
(a) By entering into this contract, the contractor certifies that:
(1) It is compliant with all applicable Federal anti-discrimination laws and the Equal Protection principles of the U.S. Constitution, and it will remain compliant for the duration of the contract.
(2) Neither it nor any subcontractor or teaming partner operates or funds any program, policy, or initiative that promotes DEI in a manner that violates any applicable Federal anti-discrimination laws, including but not limited to Title VI and VII of the Civil Rights Act of 1964, or the Equal Protection principles of the U.S. Constitution, and the contractor and any subcontractor or teaming partner will not do so for the duration of the contract.
(b) If the contractor participates in, facilitates, or funds programs that implicate Title VI of the Civil Rights Act of 1964 or Title IX of the Education Amendments of 1972, as amended, including but not limited to grants to or for schools, colleges, universities, 4-H programs, non-governmental organization (NGO) programs, sports programs, and education-related grants to prisons or other detention facilities, the contractor certifies that it will remain compliant with those laws, including the requirements set forth in Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.
(c) The contractor affirms that the above requirements are conditions of payment that go to the essence of the contract and are therefore material terms of the contract. Payments under the contract are predicated on compliance with the above requirements, and therefore the contractor is not eligible for funding under the contract or to retain any funding under the contract absent compliance with the above requirements.
(d) This certification reflects a change in the Government’s position regarding the materiality of the foregoing requirements and therefore any prior payment of similar claims does not reflect the materiality of the foregoing requirements to this contract.
(e) Submission of a knowing false statement relating to contractor’s compliance with the above requirements and/or eligibility for the contract may subject the contractor to liability under the False Claims Act, 31 U.S.C. § 3729, and/or criminal liability, including under 18 U.S.C. §§ 287 and 1001.
(f) The contractor must include the provisions of this clause in all subcontract solicitations.
(g) Failure on the part of the contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.
(End of Clause)
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 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)
452.232-71 Progress Payments for Commercial Construction Contracts (May 2026)
(a) Contractor entitlement to progress payments. The contractor may request progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished that meets the standards of quality established under the contract, as approved by the Contracting Officer.
(b) Computation of amounts. Progress payments will be authorized when the payment requested is properly due in accordance with this contract; the work will be performed in accordance with the contract; and there has been no impairment or diminution of the Government’s security under this contract. The Contracting Officer may authorize consideration of:
(1) Materials delivered on site and preparatory work;
(2) Materials delivered to the contractor at locations other than the site, if:
i. Specifically authorized by the contract; and
ii. The contractor provides satisfactory evidence of title and intended use in the contract.
(c) Contractor request for progress payments. The contractor’s request for progress payments must include the following:
(1) An itemization of the amounts requested, related to the various elements of work required by the contract;
(2) A listing of the amount included for work performed by each subcontractor;
(3) A listing of the total amount of each subcontract;
(4) A listing of the amounts previously paid to each subcontractor; and
(5) Additional supporting data in a form and detail required by the Contracting Officer.
(d) Contractor Certification. Each request for progress payment must be accompanied by the following certification:
I hereby certify, to the best of my knowledge and belief, that—
(1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract;
(2) All payments due to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code;
(3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and
(4) This certification is not to be construed as final acceptance of a subcontractor’s performance.
________________________________________________(name)
________________________________________________(title)
________________________________________________(date)
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