RFQ_FBO_1232SA19Q0052_Cont_SF1449.doc

Contract Number: TBD

1232SA19Q0052

B - CONTINUATION OF SF 1449

This document consists of the following sections:

B.1 - Continuation of Block 16-ADMINISTERED BY

B.1.1 - CONTRACTING OFFICER (JAN 2012)

The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; issue task orders against the contract; make final decisions on disputed deductions from contract payments for nonperformance, or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. However, the CO may delegate certain other responsibilities to the Contracting Officer’s Representative (COR). All delegated duties will be specified in writing by a COR Appointment and Delegation Notice.

[End of Text]

B.2 - Continuation of Block 18b-INVOICES

Electronic Invoicing and Payment Requirements—Invoice Processing Platform (IPP)

(April 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform (IPP).

“Payment Request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions—Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment, UserIDs and Passwords can be obtained by contacting the IPP Helpdesk via email at IPP Customer Support Desk at 1-866-973-3131 or IPPCustomerSupport@fms.treas.gov . For all other IPP issues, please contact: COD Helpdesk at 1-877-243-3072 or COD.HELP@usda.gov.

(End of Text)

B.3 - DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (JAN 2012)

The Contracting Officer hereby designates as the Contracting Officer’s Representative (COR):

TBD

The COR shall be responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer shall be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract shall be modified accordingly.

On all matters that pertain to the contract terms, the contractor shall communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the contractor shall so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage may result in nonpayment or necessitate submittal of a contract claim.

The COR shall be responsible for initiating the Contractor Performance Assessment Report (CPAR) for awards over the simplified acquisition threshold of $150K to document contractor’s performance during the period of performance 14 days after completion of services or delivery of goods.

[End of Text]

B.4 - PRICING

Tasks

Base Task 1

Option Task 2

C - CONTRACT CLAUSES

C.1 – FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES

C.1.1 - FAR 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 address: http://www.acquisition.gov/far/

C.1.2 – FAR 52.204-2 SECURITY REQUIREMENTS (AUG 1996)

This clause is incorporated by reference.

C.1.3 – FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JAN 2017)

This clause is incorporated by reference.

C.1.5 – FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JAN 2017)

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

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 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:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (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 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (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 (Jul 2013) (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).

__ (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 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2015) of 52.219-9.

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

_X_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting 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. 657 f).

_X_ (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)).

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

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

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

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

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

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

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

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

__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

_X_ (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 (May 2008) (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 (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (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) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (46)(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.

__ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (48) 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).

__ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (55) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (58)(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.

(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:

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 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) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi)

52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xii) 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) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

C.2 – DEPT. OF AGRICULTURE ACQUISITION REGULATIONS (AGAR) CLAUSES

C.2.1 - AGAR 452.224-70 CONFIDENTIALITY OF INFORMATION (FEB 1988)

(a) Confidential information, as used in this clause, means --

(1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

C.2.2 - AGAR 452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

C.3 - PERIOD OF PERFORMANCE (FEB 2007)

The total period of performance shall not exceed 12 months. The periods of performance are defined as follows:

Base Period:

September 30, 2019 through March 31, 2020

Option Year 1:

April 1, 2020 through September 29, 2020 [End of text]

C.4 - - LEGAL HOLIDAYS

(a)The Federal Government observes the following days as holidays.

*If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.

(b) In addition to the days designated above as holidays, the Government may observe additional days in accordance with 5 USC 6103.

C.5 - PLACE OF PERFORMANCE

The services specified by this contract shall be performed at the following locations: see SOW/PWS.

No changes to the place of performance are authorized without written consent of the Contracting Officer.

C.6 - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFEROR

In accordance with FAR 15.204-1(b), the completed and submitted “Representations, Certifications, and Other Statements of Offeror”, are incorporated by reference in this contract.

C.7 - KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel: Project Manager

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)

C. 8 SECTION 508 CLAUSE - CONTRACTOR COMPLIANCE

All EIT procured through this contract must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. (36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.access-board.gov/508.htm).

The following standards have been determined to be applicable to this contract:

___X___1194.21 Software applications and operating systems ___X___1194.22 Web-based intranet and internet information and applications.

______1194.23 Telecommunications products.

______1194.24 Video and multimedia products.

______1194.25 Self contained, closed products.

______1194.26 Desktop and portable computers.

The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.

D - DOCUMENTS, EXHIBITS OR ATTACHMENTS

E - SOLICITATION PROVISIONS AND INSTRUCTIONS TO OFFEROR(S)

E.1 – FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/

E.2 - FAR 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JAN 2017)

This provision is incorporated by reference.

E.3 - FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a 12 month contract at a firm fixed price.

E.4 COMMUNICATIONS REGARDING THIS SOLICITATION

Any questions or comments regarding this solicitation shall cite the solicitation number and be directed to the following Government representative NLT 8/16/19 5PM ET:

Name:

Marcos Ocadiz, Contracting Officer Phone:

(301) 504-1749 (collect calls not accepted)

E-Mail:

marcos.ocadiz@ars.usda.gov

Address:

USDA, Agricultural Research Service

AFM, APD, COB

5601 Sunnyside Avenue

Beltsville, MD 20705-5230

E.4.1 PROPOSAL INSTRUCTIONS FOR OFFERORS

A. GENERAL

1) Offerors’ proposal shall be good for a period of 30 calendar days.

2) The Offeror shall electronically submit one (1) copy each of the technical proposal, and price proposal.

3) Only the required minimum amount of information is requested to provide for proper evaluation. Efforts should be made to keep offer as brief as possible, concentrating on substantive information essential for a proper evaluation. All information submitted shall be current as of the month this Request for Proposal (RFP) was issued and shall be specific and complete.

4) Unless necessary, the proposals shall be limited to 10 single spaced pages (in 12 font), including charts, graphs, and exhibits as needed.

B. TECHNICAL PROPOSAL

The proposal shall clearly and fully demonstrate the offeror’s capability and knowledge in regard to the requirements described in the RFP, Attachment A, Statement of Work.

The offeror shall have the capacity to meet the requirements of the statement of work. If offeror is proposing to use subcontractors to perform any part of this work, offeror must identify the subcontractor, explain their role, and discuss their experience and qualifications.

C. PRICE AND OTHER DATA

PRICE PROPOSAL

Shall be broken down in detail as to the costs incurred by the prime and subcontractor (if applicable). Offerors shall complete Section B.4 of this solicitation package.

SUMMARY OF DEVIATIONS/EXCEPTIONS

The offeror shall explain any exceptions (including any deviations and conditional assumptions) to both technical and other requirements taken with respect to this solicitation. Any exceptions must contain sufficient justification to permit evaluation. Such exceptions will not, of themselves, automatically cause a proposal to be termed unacceptable. A large number of exceptions or one or more significant exceptions not providing any obvious benefit to the Government may, however, result in rejection of such proposal as unacceptable.

D. EVALUATION OF PROPOSALS

Prospective offerors are to submit a proposal that includes a written narrative addressing all of the tasks to be provided. Proposals will be evaluated according to whether the offeror is able to provide all of the requested data, and depending on the quality of the offerors dataset, as determined by the documentation provided by the offeror. Specifically, proposals will be evaluated under the following guidelines:

1. Comprehensiveness of the dataset (40 points) The elements of comprehensiveness are: store coverage, documentation, and data delivery. The offeror should provide documentation on how they collect data on food retailers that justifies what makes their dataset the most comprehensive. Any documentation on how their dataset compares to other datasets or ground-truthing case studies to support the claim that the provided dataset is the most comprehensive should also be included. The offeror should also mention the different forms the dataset can be delivered (e.g. txt, dta, csv).

2. Variables offered and documentation on how these variables are constructed (40 points) The offeror should indicate whether they offer the following variables: store indicator (to make comparisons across years), name, address, status, open date, store type (channel and subchannel), FIPS codes (state, county, and census block), geocode (latitude, longitude, and precision of geocode), sales (or Annual Commodity Volume), selling square footage of store, indicator for whether it’s an independent or chain store, number of employees, number of checkouts, market area identifiers (MSA, scantrack, IRI infoscan), SNAP and WIC store identifiers, and information on store categories (e.g. food, pharmacy, and sales of gas, liquor, wine, and beer). In addition, variables concerning the parent company or owner should be included as well: indicator, domestic or foreign owner, name, city, state, and FIPS codes (state and county). The offeror should provide documentation on how these variables are formed, including but not limited to types of models used to estimate variables, whether surveys are conducted, or additional data sources used by the offeror. For example, the documentation should indicate how the store type and sales are determined.

3. Ability to provide a crosswalk with other datasets (10 points) Many of the projects rely on other data that has been acquired by ERS, such as household and retailer scanner from Information Resources, Inc. (IRI). Thus, offerors should discuss if they are able to merge their dataset with others, and if so, how users would be able to.

4. Support provided (10 points) The offeror should indicate how they will work with clients if there are questions or problems regarding the delivered dataset. In addition to prompt delivery, the offeror will be expected.

In addition, to help determine the first point – comprehensiveness of the dataset – proposals should include a subset of the stores for June 2019: those in zip code 53202 and 56701.

ATTACHMENT 1

U.S. Department of Agriculture (USDA)

Economic Research Service (ERS)

Food at Home (FAH) Store Locations and Characteristics

Statement of Work

The U.S. Department of Agriculture (USDA) seeks to purchase individual store-level data on food retailers’ characteristics and location, including (but not limited to) store name, address, telephone number, location (longitude-latitude, state, county, and census tract), market area identifiers, annual sales, selling area, full-time equivalent employees, and number of checkout registers. Please provide a proposal that supports the needs below, identifying the terms and conditions that would potentially limit the intended use.

Intended Use and Purpose Accurate, comprehensive retail foodstore data are needed to support current, ongoing, and planned research activities conducted by the USDA. In recent years, concerns about the availability of healthful, affordable foods by households in low-income neighborhoods has resulted in the need for detailed information on the kinds and locations of retail foodstores in relation to such vulnerable populations. More broadly, detailed store-level data and information are needed to assess the economic performance of the food retailing industry and its ability to serve the changing needs of consumers. USDA is interested in studying how firm characteristics, and entry and exit, interact with households’ shopping preferences.

The USDA will use the data for projects that support economic and policy research. The research projects are often undertaken in collaboration with external experts, including but not limited to economists, researchers, and survey and data methodologists at non-governmental organizations. The data may be used in combination with (linked to) other data to conduct the research projects. The resulting aggregated findings (not the raw data) will be disseminated through multiple media, including but not limited to professional economic journals, USDA publications, the USDA web site, and presentations at meetings of professional economics associations. Before public release, all publications and reports will be reviewed by USDA to meet data disclosure requirements and to strictly maintain privacy and confidentiality requirements of data purveyors. The USDA will retain the right to use the data and information indefinitely to undertake its projects as specified above.

General Tasks/Requirements The requested data, information, and documentation (as specified in tasks below) are for the years 2019 and 2020. The requested data, information, and documentation shall be for the month of June in each year.

Each year of the required data, information, and documentation (on data sources, collection procedures, estimation methods, data dictionary, variable dictionary, data quality, and limitations) shall be submitted as a separate set. Data and information for each year shall be fully compatible, consistent, and integrateable with data and information for any other year, particularly with respect to the geographic identifiers.

The required data and information will be submitted in Office Excel 2007 format or as a text file. The data documentation shall be delivered in WORDS format.

Deliverables:

Task 1: This Year’s (June 2019) Data and Information; delivery due date September 30, 2019

1.1 Provide a comprehensive listing of:

I.

All supermarkets (defined as a self-service grocery store carry all major food departments, and have annual total sales of $2 million or more)

II.

All superettes (defined as grocery stores with $1 to $2 million in sales)

III.

All mass-merchandisers (outlets containing a well-defined area of supermarket-like food and non-food grocery items)

IV.

All wholesale clubs (membership store offering a large variety of food and non-food products)

V.

All drug stores (health and beauty care retailers)

VI.

Convenience stores (small format stores selling high convenience foods, including a limited number of grocery stores; only conventional and military, not those associated with a gas station);

1.2 Provide additional information for each outlet described above, including:

I.

Store name

II.

Store address

III.

Geographic identifiers (State FIPS code; County FIPS code; Geo-code (street map level accuracy or better))

IV.

Store type (supermarket, supercenter, etc.)

V.

Store type sub-channel (supermarket/store format type)

VI.

Annual Commodity Volume (ACV)/annual sales (total)

VII.

Store size (square feet of selling area)

VIII.

An ID number to link individual stores to firm ownership, and to an ultimate parent firm, such as a domestic or foreign owner

IX.

Information on store categories (food, pharmacy, sales of gasoline, tobacco, and alcoholic beverages, for example) to the extent available

X.

Market area identifiers (MSA, IRI Infoscan)

XI.

Data documentation on data sources, data collection procedures, estimation methods, data dictionary, variable description, channel and sub-channel attributes and definitions, data limitation, etc.; and

XII.

SNAP and WIC authorized store identifiers

1.3 Provide data that can reveal which stores are new (entered the market for the first time) as well as which stores closed (were in their final year at their current location). In addition, provide data on changes of ownership for existing stores; such a variable should identify an existing store’s first year under changed (new) ownership.

1.4 Provide detailed documentation/report on data sources, collection procedures, estimation methods, data dictionary, variable description, data quality and limitations, etc.

Task 2: Data and information for 2020; delivery due date is July 1, 2020.

For Task 2, USDA is interested in the same data, information, and documentation as specified under 1.1 to 1.4 above.

USDA is interested in data on entry and exit for all retailers. The contractor shall provide data that reveal, by year, which stores are new (entered the market for the first time) as well as which stores closed (were in their final year at their current location). We are also interested in data on changes of ownership for existing stores; such a variable identifies an existing store’s first year under changed (new) ownership.

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