Request_for_Quotation_12-1NTS-20-Q-0001.pdf

Solicitation: # 12-1NTS-20-Q-0001

United States Department of Agriculture

Agricultural Marketing Services Commodity Procurement Program

The U.S. Department of Agriculture (USDA), Agricultural Marketing Services (AMS) requests quotations from responsible sources to provide marine cargo discharge/delivery survey services in Niger.

The services will include surveys of containerized, bulk, and breakbulk commodities for food assistance programs. It is the intention of the Government to award a firm-fixed price contract to one firm.

October 4, 2019

Justin.Martinek Highlight

Part I -- The Schedule

A. Solicitation/Contract Form SF1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS:

BUSINESS EDWOSB

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 8 (A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

OFFEROR CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Justin.Martinek Highlight

Justin.Martinek

B. Supplies Or Services And Prices/Costs

1. The Government is contemplating the award of an indefinite delivery/requirements contract. It is anticipated that food aid cargoes requiring marine cargo discharge/delivery survey services will be shipped to Niger; however, due to program changes, there is no guarantee that additional surveys will be required during the period of the contract.

a. Shipments of approximately 2,700 metric tons (combined) of containerized commodities, (corn soy blend super cereal plus, vegetable oil, etc) are scheduled to be delivered on a through bill of lading to Niger with ETA’s of December 1, 2019 – January 31, 2020. The actual discharge port may be either Lome, Togo, Cotonou, Benin or other.

2. Provide the following marine cargo discharge/delivery survey services as needed.

Table 1.1 – List of Services

Description UOM

Discharge Survey only - Bulk no bagging MT Discharge Survey only - Bulk including bagging MT Discharge Survey only – Breakbulk MT Draft Survey Per Day Customs Locations Per Day TBL - Discharge and Delivery Survey - Bulk no bagging MT TBL - Discharge and Delivery Survey - Bulk including bagging MT TBL - Discharge and Delivery Survey – Breakbulk MT Discharge Survey Only - Containerized - No Devanning (1) Container Discharge Survey Only - Containerized - Devan at Port (2) Container Discharge and Delivery Survey - Containerized - Devan at Inland Delivery Location (3) Container Discharge and Delivery Survey - Containerized - Devan at Port + Breakbulk Inland Delivery Location (4)

Container

(1) Containers are not devanned OR surveyor not a witness to devanning. Container and seal check only. Attendance at port.

(2) Containers are devanned at port (within 25 km radius). Attendance at port.

(3) Containers are transported inland where devanning occurs. Attendance at port and inland delivery location.

(4) Containers are devanned at port, cargo loaded onto conveyance to inland destination for breakbulk survey. Attendance at port and inland delivery location.

3. Under certain circumstances, the Government may require that ancillary services be performed.

Examples of such services include sampling of damaged commodities and providing analysis of suspected unfit cargoes. Sampling must be performed to ISO Standards. Please include pricing for the tests below in your offer.

a. Silver Nitrate

b. Moisture

c. Commodity Analysis of Fitness for Human Consumption

Cita.Trice

C. Statement Of Work

1. Scope of Work: To address risks inherent with shipping U.S. food aid to overseas destinations, the Government is seeking to contract with a marine cargo survey company to attend, witness, and examine food cargoes, document the count and condition of these food aid shipments and activities related to disposition, and provide a written report. We are seeking an experienced survey firm with a proven performance record conducting like work. The survey reports issued by the Contractors will be used by the Government to fix responsibility for loss and damage to the food aid. Please note that the discharge location and final delivery location may be in two different countries. Services are required based on the country of final destination.

2. Background: The Agricultural Marketing Services procures staple foods for use in various international food aid programs administered by the U.S. Agency for International Development (USAID). The food is purchased in bulk and packaged form and transported overseas by ocean carriers to discharge ports or foreign inland destinations for delivery to Non-Governmental Organizations (NGO), Private Voluntary Organizations (PVO), or foreign governments. Given the inherent nature of transporting bulk and packaged food long distances by sea and overland in foreign nations, there is a potential for loss or damage. To address this risk, a marine cargo survey is performed for each food aid shipment during unloading at the foreign destination.

The products subject to marine cargo discharge/delivery survey service include dry staple foods such as rice, peas, beans, and lentils; dry blended foods such as wheat-soy blend and corn-soy blend; and vegetable oil type products. This food aid is typically packaged in polypropylene or paper bags ranging in size from 25 to 50 kilograms, cardboard cartons containing consumer-pack quantities, liquid 20 liter pails, 6/4 liter containers, and 208 liter drums. Bulk grain and oil cargoes may be shipped such as wheat, corn, soybeans, soybean meal and vegetable oil.

Agricultural commodities for food assistance programs are shipped overseas using three shipment methods: containerized shipments, breakbulk shipments, and bulk shipments. Cargoes will be shipped port-to-port or on through bills of lading where the cargoes are transported to inland locations.

CONTRACTOR REQUIREMENTS

3. Technical Requirements/Tasks: The surveyor shall attend and report on all food aid deliveries made to the country covered under this contract. Once the cargo has lifted from the US port, the Government will provide the contractor a task order which will include the following information detailing the cargo to be surveyed:

a. Vessel

b. Conveyance type

c. Booking terms

d. Destination

e. Commodity

f. Estimated time of arrival

g. Ocean bill of lading

h. Tonnage

Task orders will be issued electronically; however, the Government reserves the right to issue task orders orally or by facsimile if necessary. A task order will be issued for each originating vessel/voyage with the same discharge/ETA and a survey will be required of every Ocean Bill of Lading (OBL). Multiple surveys may be required per task order. A task order will contain one type of conveyance (bulk, breakbulk, or containerized) and one booking type (through bill of lading, discharge only, devan at port, etc). Price paid for each task order is based on total quantity (number of containers or MT) for entire task order.

For each ocean bill of lading, the contractor shall provide a written survey report and supporting documentation, in English or with translation, with sufficient detail and documentation so as to fix responsibility for losses occurring while cargo is under the care, custody, and control of the steamship company transporting the cargo. All portions of the report must be sent in as original documents. A copy of the report should be sent to the receiver.

The following tables describe the requirements of each shipment type.

Table 3.1 applies to all shipments.

Table 3.2 has additional requirements for containerized shipments.

Table 3.3 had additional requirements for breakbulk shipments.

Table 3.4 has additional requirements for bulk shipments.

TABLE 3.1 REQUIREMENTS FOR REPORTS - ALL SHIPMENTS

Witness and Examine Cargos Required Documents

1 Personally observe and describe in detail the discharge/ delivery process.

2 List representatives present during each survey location or action including their organization, names, and titles.

3 For TBL shipments, list type of delivery vehicle and describe road and travel conditions in the event of an accident.

Pictures of road conditions and any accidents

4 Provide certifications signed by a minimum of one third party (vessel personnel, NGO/PVO representatives, and/or custom representatives) to verify the Contractor’s attendance at each location attended.

Certificate of Attendance with signatures

Document the Count of the Cargo Required Documents

5 Document the quantity of cargo discharged/delivered including explanation of why shortages/damages have occurred if known.

6 Document quantity of cargo removed by customs.

7 Provide signed, legible, and accurate original stroke tallies. Original hard copy required

Document the Condition of the Cargo Required Documents

8 Report the condition of cargo discharged/delivered.

9 Report infestation, if any.

TABLE 3.2 ADDITIONAL REQUIREMENTS FOR REPORTS - CONTAINERIZED

SHIPMENTS

TABLE 3.3 ADDITIONAL REQUIREMENTS FOR REPORTS - BREAK BULK

SHIPMENTS

10 Describe the type and severity of any damage and cause of the damage if known. Pictures of damages with a visible PO number

11 Describe the weather conditions incurred from the time of discharge through the completion of survey when weather is a contributing factor to loss/damages and/or delays.

12 Provide evidence that a written notice of loss was presented to the carrier and/or carrier's representative within three days of discharge/delivery.

Copy of notice

Monitor the Disposition or Reconstitution of Cargo Required Documents

13 Provide third party lab test results, if applicable.

14 Observe and provide documentation photographs and evidence for the disposition of any damaged (including reconstituted) cargo.

Witness and Examine Containerized Cargos Required Documents

1 Personally observe discharge/ delivery and describe the container conditions.

Document/photograph any container defects.

Pictures to support findings

2 List and photograph the container manufacture date, seal number, and container number at each required delivery location.

Pictures of both the date and container number

3 Provide a statement on the condition of container seals at discharge/ customs/ delivery. If broken or additional seals are applied, the survey must state where new seals were applied and report both the original seal numbers and new seal numbers.

Pictures documenting the condition of container seals

4 Report on the availability and access to containers at customs locations.

Document the Count Required Documents

5 List the number of containers discharged/delivered.

Document the Condition Required Documents

6 List the location of any damaged/wet bags in the container. Pictures to support findings

7 When commodities are found to be wet or moldy, inspect containers and describe condition of door seals. Document any holes.

Pictures to support findings

8 Note condition of container floor area if contractor suspects moisture may have penetrated around or through the floor.

Pictures to support findings

9 When desiccants are present (per CAPIT protocol) provide description of placement and position in container. If condensation or evidence of damages caused by condensation is present, provide the weight of the desiccants.

Pictures of desiccant placement when condensation is present

TABLE 3.4 ADDITIONAL REQUIREMENTS FOR REPORTS ON BULK SHIPMENTS

4. In the event of suspected major damage: the surveyor shall immediately notify the Technical Monitor and follow the performance standards.

a. For damaged cargo suspected to be unfit for human consumption, collect a representative sample of the cargo for analysis following ISO standards.

b. If further analysis is recommended, include a price for the applicable tests in the email to the technical monitor. Also include the name and location of the proposed independent third party lab for analysis

c. Obtain authorization from the Contracting Officer in the form of an SF-30 Contract

Witness and Examine Breakbulk Cargos Required Documents

1 For TBL shipments, describe the loading of land conveyance process.

Document the Count Required Documents

2 For TBL provide dispatch count. Stroke tallies or other document of count

Document the Condition Required Documents

3 Check vessel holds before and after discharge. Document conditions that contribute to damages/losses.

Pictures to support findings

Witness and Examine Bulk Cargos Required Documents

1 List scale information including scale location, scale type, date of last calibration, and other factors affecting scale weight accuracy.

2 For liquid cargoes and tallow, list condition of pumping equipment, shore tanks/tank trucks and other factors affecting weight accuracy.

3 For a draft survey, document quantity on free-out shipments, lightering operations, and for shipments where scales are not available.

4 Describe cleaning of vessel tanks and blowing of lines. Pictures of findings

5 Describe bagging process and any conditions that contribute to damage/loss of cargo.

Pictures of findings

Document the Count Required Documents

6 Provide the actual (or estimated, if actual not available) weight loss of any shortage, or damaged cargo and the type and severity of damage.

7 Report the quantity bagged and dispatched; document the total bag count and weight and the method of such determination. Forward original stroke tallies with the survey report to document the quantity of cargo bagged and stacked.

Document the Condition 8 Check vessel holds before and after discharge. Document conditions that contribute to damages/losses.

Pictures to support findings

Modification prior to proceeding with lab analysis.

5. Deliverables / Schedule: The Contractor shall liaise with COR, the vessel agent, and NGO/PVO in order to coordinate on-time attendance and the service to be provided.

The Contractor shall provide timely replies to inquiries, within three (3) working days.

Key Deliverables Table Item No.

Deliverable Objective Due 1 Preliminary

Survey KC-

Report shall inform USDA of arrival and general condition of cargo.

No later than five (5) business days after completion of discharge/delivery.

2 Final Survey Report and

KC-334

Report shall include all required elements detailed in tables 3.1 – 3.4 and shall be sufficient to support the USDA claims recovery process.

No later than 60 days* after date of cargo delivery.

3 Draft Survey Determine weight of cargo offloaded.

No later than 60 days* after date of cargo delivery.

* When submission of the report cannot be made within 60 days, a request for extension must be made to the contracting officer by e-mail prior to the 60 day deadline, with a justification for the delay and an estimated completion date. If reconstitution is not expected to be completed within approximately two weeks, the report should still be submitted, with reconstitution documentation to follow upon completion of the process.

6. Place of Performance The task order(s) will be issued to the contractor on the basis of where the survey work ends. Shipments for which title transfers at the discharge port will be awarded on the discharge port country survey contract. Those shipments considered by USDA on a through bill of lading, requiring attendance at both the discharge port and inland location(s), will be awarded on the survey country contract of the inland location.

a. All attendance requirements and locations will be listed in the task order. The surveyor may be required to perform multiple task orders simultaneously at numerous locations.

b. The surveyor will attend the discharge and delivery of all food aid cargoes covered by this contract, including the locations below.

i. Discharge port (which may be in a different country than the country for which the surveyor has a contract)

ii. Delivery location(s), as applicable

iii. On a port to port bill of lading, the survey must be performed at the quay, warehouse or container place of rest as determined by the booking note/charter party or as otherwise allowed by the port.

c. Additional attendance may be required at the other locations described below as determined by shipment type.

a. Containerized Shipments: A survey is also required at the following locations:

(1) Customs locations where the containers are opened

(2) The discharge port where containers are opened

(3) The final destination(s) for through bill-of-lading shipments

d. Breakbulk Shipments: A survey is also required at the following locations:

i. For through bill-of-lading shipments:

(4) Loading of land conveyance

(5) Ultimate destination(s)

e. Bulk Shipments:

i. For bulk shipments which require bagging, a survey is also required at the following locations:

(6) Location of bagging operation

(7) Loading of land conveyance

(8) Final destination(s) for through bill-of-lading shipments

ii. For bulk shipments which require a draft survey, additional performance may be required at the following locations:

(9) On board mother vessel

(10) On board lightering vessel(s)

7. Contractor’s Key Personnel: The Contractor shall provide all management, supervision, and personnel to provide the requirements under the contract.

a. The survey company (management) shall be experienced in performing similar survey services for humanitarian food aid or similar products. A single point of contact, and back up, shall be provided, along with years of experience and type of work experience.

b. Sufficient staffing shall be available to cover potential multiple and simultaneous discharge and inland delivery locations.

c. Surveys shall be completed by qualified, experienced surveyors. Information on the key parties, including years of experience and type of work experience, shall be provided.

d. If the work is to be subcontracted out, there is still management oversight by the Offeror, and the Offeror is the key party for communications with USDA. The full name of the subcontracted entity shall be provided.

D. Packaging and marking – N/A

E. Inspection and acceptance

1. The Contracting Officer or the Contracting Officer's duly authorized representative will inspect surveys for accuracy and completeness. Acceptance will occur when the complete, original survey and all original supporting documents have been received.

2. Inspection and acceptance will be performed at:

USDA-AMS-CPP

Operations Support Division – Marine Liability Section Beacon Facility – Mail Stop 8758 6501 Beacon Drive Kansas City, Missouri, 64141-3011

3. All survey reports and related survey documentation shall be submitted concurrently with the associated invoice to the address above. Invoices may be submitted electronically to the COR at mark.jones@usda.gov.

mailto:mark.jones@ams.usda.gov

F. Deliveries or performance

1. Period of Performance: The contracts awarded from this solicitation will be multi-year option contracts.

Period Performance Dates Base period November 1, 2019 to September 30, Option period 1 October 1, 2020 to September 30, 2021 Option period 2 October 1, 2021 to September 30, 2022 Option period 3 October 1, 2022 to September 30, 2023 Option period 4 October 1, 2023 to September 30, 2024

2. Deliverables shall be submitted in accordance with the timeframes outlined in the Statement of Work in Section C.

G. Contract administration data

1. The Contracting Officer for this contract is:

Cita Trice 816-926-1438 Cita.trice@usda.gov

2. This contract is administered by:

Justin Martinek 816-926-2853 Justin.martinek@usda.gov

3. The Contracting Officers Representative (COR) for this contract is:

Mark Jones 816-823-1143 Mark.jones@usda.gov

4. The offeror should include the payment address in the proposal, if it is different from that shown for the offeror.

H. Special contract requirements – N/A

Part II -- Contract Clauses

I. Contract clauses Provisions and clauses in effect through FAC 2019-01 are incorporated into this RFQ, as applicable.

52.252-2 -- CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract 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 a clause may be accessed electronically at this/these address(es):

mailto:Cita.trice@ams.usda.gov mailto:Justin.martinek@ams.usda.gov mailto:Mark.jones@ams.usda.gov

52.212-4 -- CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (OCT 2018)

ADDENDUM TO CLAUSE 52.212-4

Addendum to Paragraph (e) Definitions.

(1) “COR” means Contracting Officer’s Representative duly authorized by the Contracting Officer.

(2) "Major damage" means damage that in the estimation of the surveyor exceeds USD $5,000.

(3) "Materials" applies to other direct costs, including travel expenses.

(4) "NGO" means non-governmental organization which receives the food aid to be surveyed.

(5) "TBL" means through bill of lading.

(6) "Third party lab" means a laboratory meeting international ISO testing standards that is not affiliated/associated with either the ocean carrier or receiver involved in the shipment.

(7) “PO number” refers to the contract number that is displayed on the commodity bags.

(End of addenda)

52.204-13 - SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)

52.204-18 - COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.204-19 - INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

AGAR 452.211-72 – STATEMENT OF WORK/SPECIFICATIONS. (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section C.

AGAR 452.211-75 - EFFECTIVE PERIOD OF THE CONTRACT (FEB 1988)

The effective period of this contract is from October 1, 2017 through September 30, 2022.

52.216-18 - ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from October 1, 2017 through September 30, 2022.

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

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 - ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one ocean container for containerized cargoes, 75 metric tons for breakbulk, or 500 metric tons for bulk cargoes, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--http://farsite.hill.af.mil/vffara.htm

(1) Any order for a single item in excess of 450 ocean containers for containerized cargoes, 40,000 metric tons for breakbulk, or 65,000 metric tons for bulk cargoes.

(2) Any order for a combination of items in excess of 450 ocean containers for containerized cargoes, 40,000 metric tons for breakbulk, or 65,000 metric tons for bulk cargoes.; or

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

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

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three (3) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 - REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Delivery-Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 60 days after the through date in clause 452.211-

74.

AGAR 452.211-74 – PERIOD OF PERFORMANCE (FEB 1988)

The base period of performance of this contract is from November 1, 2019 through Sept 30, 2020.

Option period 1, if exercised, is from Oct 1, 2020 through Sept 30, 2021.

Option period 2, if exercised, is from Oct 1, 2021 through Sept 30, 2022.

Option period 3, if exercised, is from Oct 1, 2022 through Sept 30, 2023.

Option period 4, if exercised, is from Oct 1, 2023 through Sept 30, 2024.

AGAR 452.216-73 - MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of not applicable but not in excess of 5,000,000 metric tons.

52.217-8 -OPTION TO EXTEND SERVICES. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within sixty (60) days prior to contract expiration date.

52.217-9 - OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty days (30) of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

52.212-5- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1977441931 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

__ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

__ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

__ (38) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

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__ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505,10 U.S.C.2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505,10 U.S.C.2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul2013) (31 U.S.C.3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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