1232SC18R0015.pdf

1232SC18R0015

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 81

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

90949508/21/2018 X

ARS-EBSC-0325-05-P

ARS EBSC Contracting, Acquisition, ARS EBSC Contracting, Acquisition, 1815 N UNIVERSITY ST

PEORIA IL 61604

1600 ET 10/31/2018

MARK O VOLK 309

MARK.VOLK@ARS.USDA.GOV

681-6618

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

JOSHUA J. DOBEREINER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 81

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1232SC18R0015

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

Operations and Maintenance at the Eastern

Regional Research Center, Wyndmoor, PA

FOB: Destination

Period of Performance: 03/01/2019 to 02/29/2024

001 Routine Work - Base Period

Delivery: 02/29/2020

002 Additional Work - Base Period

Delivery: 02/29/2020

003 Routine Work - Transition Period

Delivery: 03/31/2019

101 Routine Work - Option Year 1

(Option Line Item)

365 Days After Award

Delivery: 02/28/2021

102 Additional Work - Option Year 1

(Option Line Item)

365 Days After Award

Delivery: 02/28/2021

201 Routine Work - Option Year 2

(Option Line Item)

730 Days After Award

Delivery: 02/28/2022

202 Additional Work - Option Year 2

(Option Line Item)

Continued ...

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 81

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1232SC18R0015

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

730 Days After Award

Delivery: 02/28/2022

301 Routine Work - Option Year 3

(Option Line Item)

1095 Days After Award

Delivery: 02/28/2023

302 Additional Work - Option Year 3

(Option Line Item)

1095 Days After Award

Delivery: 02/28/2023

401 Routine Work - Option Year 4

(Option Line Item)

1460 Days After Award

Delivery: 02/29/2024

402 Additional Work - Option Year 4

(Option Line Item)

1460 Days After Award

Delivery: 02/29/2024

Delivery Location Code: ARS-NAA-1935-01

EASTERN REGIONAL RESEARCH CENTER

600 EAST MERMAID LANE

WYNDMOOR PA 19038-8598 US

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

Eastern Regional Research Center, Operations and Maintenance

Table of Contents

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF THE CONTRACT

B.2 ROUTINE WORK (FIRM-FIXED PRICE)

B.3 ADDITIONAL WORK (IDQ)

B.4 PRICE SCHEDULE

B.5 ADJUSTMENTS RESULTING FROM DEPARTMENT OF LABOR WAGE

DETERMINATION REVISIONS

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT

SECTION D – PACKAGING AND MARKING

D.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE

E.2 CONTRACT CLAUSES INCLUDED BY FULL TEXT

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 CONTRACT CLAUSES INCLUDED BY FULL TEXT

F.3 REPORTING REQUIREMENTS

F.4 PLACE OF PERFORMANCE

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

G.2 DELEGATION OF AUTHORITY FOR CONTRACT ADMINISTRATION

G.3 ADDITIONAL WORK

G.4 INVOICE PREPARATION AND SUBMISSION

G.5 GOVERNMENT PROPERTY

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT

H.2 APPLICABILITY OF ATTACHMENTS TO THE PERFORMANCE WORK

STATEMENT

H.3 CHLOROFLUOROCARBON (CFC) AND HYDROCHLOROFLUOROCARBON

(HCFC) REFRIGERANTS

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 CONTRACT CLAUSES INCLUDED BY FULL TEXT

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

J.2 LIST OF EXHIBITS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS

K.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE

K.2 CONTRACT CLAUSES INCLUDED BY FULL TEXT

K.3 AUTHORIZED NEGOTIATORS

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE

L.2 CONTRACT CLAUSES INCLUDED BY FULL TEXT

L.3 OFFERORS SEEKING INFORMATION FROM INCUMBENT CONTRACTOR

EMPLOYEES

L.4 ORAL PRESENTATIONS

L.5 DISPOSITION OF UNSUCCESSFUL PROPOSALS

L.6 COMPETITIVE RANGE/DISCUSSIONS

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE

M.2 CRITERIA FOR EVALUATING PROPOSALS

M.3 BASIS FOR AWARD

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF THE CONTRACT

The Contractor shall furnish all necessary personnel, materials, supplies, services, and equipment to include rental equipment to operate and perform Operations and Maintenance support at the U.S. Department of Agriculture, Agricultural Research Service, Eastern Regional Research Center, Wyndmoor, Pennsylvania in accordance with the terms and conditions and the Performance Work Statement (PWS).

B.2 ROUTINE WORK (FIRM-FIXED PRICE)

Routine work is all work that is defined in the PWS.

B.3 ADDITIONAL WORK (IDQ)

Additional work is defined as work within the general scope, but not specifically described in the PWS. Additional work may also include labor hours above the workload data.

B.4 PRICE SCHEDULE

The Government will pay the Contractor in accordance with the following:

See attached Schedule B

B.5 ADJUSTMENTS RESULTING FROM DEPARTMENT OF LABOR WAGE

DETERMINATION REVISIONS

Annually, the Government shall provide the Contractor with Department of Labor Wage Determinations. Any future adjustments for option periods will be calculated based on the configuration of employees at the time of award.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT

AGAR 452.211-72 – Statement of Work/Specifications (Feb 1998)

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 J.

(End of Clause)

AGAR 452.211-73 – Attachments to Statements 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 J.

SECTION D – PACKAGING AND MARKING

D.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT

AGAR 452.247-71 – Marking Deliverables (Feb 1988)

(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.

(b) Mark deliverables, except reports, for:

United States Department of Agriculture, Agricultural Research Service Eastern Business Service Center Attn: Mark Volk 1815 N. University Street Peoria, IL 61604

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE

FAR 52.246-2 Inspection of Supplies-Fixed Price (Aug 1996) FAR 52.246-4 Inspection of Services-Fixed Price (Aug 1996) FAR 52.246-12 Inspection of Construction (Aug 1996) FAR 52.246-16 Responsibility for Supplies (Apr 1984)

E.2 CONTRACT CLAUSES INCLUDED BY FULL TEXT

AGAR 452.246-70 – Inspection and Acceptance (Feb 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at

Eastern Regional Research Center (ERRC) 600 East Mermaid Lane Wyndmoor, PA 19038

(End of clause)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE

FAR 52.242-15 Stop-Work Order (Aug 1989) FAR 52.242-17 Government Delay of Work (Apr 1984)

F.2 CONTRACT CLAUSES INCLUDED BY FULL TEXT

AGAR 452.211-74 – Period of Performance (Feb 1988)

The period of performance of this contract is:

Transition: March 1, 2019 – March 31, 2019 Base Year: April 1, 2019 – February 29, 2020 Option Year 1: March 1, 2020 – February 28, 2021 Option Year 2: March 1, 2021 – February 28, 2022 Option Year 3: March 1, 2022 – February 28, 2023 Option Year 4: March 1, 2023 – February 29, 2024

F.3 REPORTING REQUIREMENTS

In addition to reporting called out in the clauses and provisions, the Contractor shall provide the following deliverables/reports to the ACO by the specified due dates. Where multiple copies are required, the Contractor shall provide all copies to the ACO by the specified due date.

SUBMITTALS

Submittal S.2.0 – Site Specific Business Continuity Plan Submittal S.2.0.2 – Site Specific Quality Control Plan Submittal S.2.7.a – Contractor Staffing Plan Submittal S.2.7.b – Transition of Contract Performance Submittal S.4.1.1 – Asbestos Remediation Plan Submittal S.6.2 – Lighting Maintenance Plan Submittal S.7.2.1 – Annual Landscaping Plan Submittal S.7.2.4 – Snow and Ice Removal Plan Submittal S.7.3.3 – Pest and Vermin Control Plan Submittal S.7.3.5 – Housekeeping Plan

REPORTS

Report R.1.3.a – Annual Accountable Property Inventory Report R.1.3.b – Annual Government Provided Equipment Inventory Report R.2.0.a – Weekly Scheduled Work Report R.2.0.b – Weekly Backlog and Out-of-Service Report

Report R.2.0.c – Monthly Work Activities Report R.2.8 – Facility Condition Survey Report R.3.1.2 – Monthly Compressed Gas Cylinder Movement Report Report R.3.2.a – Daily Security Activity Report Report R.3.2.b – Security Incident Report Report R.3.3 – ARS Vehicle Operation Record – ARS-715 Report R.3.4 – Monthly Postage Report Report R.4.1.1.a – Asbestos Removal Form Report R.4.1.1.b – Asbestos Disposal Manifest Report R.4.1.3 – Annual Underground Storage Tank (UST) Inspection Report Report R.4.1.4.1 – Annual Boiler House Emissions Report Report R.4.1.4.2 – Monthly Fuel Usage Report Report R.4.1.4.3 – Weekly Fuel Usage Report Report R.4.2.a – Record of Safety Device Failure Report R.4.2.b – Monthly Safety Equipment Inspection Report Report R.4.3 – Annual Fire Alarm Testing Report Report R.6.4 – Annual Elevator and Hoisting Device Inspections Report R.6.6.1.1 – Annual Boiler and Pressure Vessel Inspection Report R.7.3.1 – Annual Vehicle Inspection Checklist (ARS-45) Report R.7.3.2 – Monthly Refuse and Recycling Amounts by Waste Stream

F.4 PLACE OF PERFORMANCE

The principal work under this contract shall be performed at the following location:

Eastern Regional Research Center (ERRC)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

The PCO is the only person authorized to approve any change in the scope of work of this contract. The authority remains solely with the PCO. In the event the Contractor effects any changes at the direction of any person other than the PCO, the changes will be considered to have been made without authority and NO adjustment will be made in the contract price to cover any INCREASE incurred as a result thereof.

A. Procuring Contracting Officer (PCO):

Name: Joshua J. Dobereiner Address: 1815 N. University Street Peoria, IL 61604 Email: josh.dobereiner@ars.usda.gov Phone: 309-681-6410 Fax: 309-681-6683

B. Administrative Contracting Officer (ACO):

Name: Mark Volk Address: 1815 N. University Street Peoria, IL 61604 Email: mark.volk@ars.usda.gov Phone: 309-681-6618 Fax: 309-681-6683

G.2 DELEGATION OF AUTHORITY FOR CONTRACT ADMINISTRATION

The ACO for the Eastern Regional Research Center is hereby designated by the PCO to act as the authorized Government agent that oversees Contractor performance in accordance with the terms and conditions of the contract. The authority of the ACO shall not exceed $25,000 for issuance of individual service/supply/construction orders.

G.3 ADDITIONAL WORK

Additional work is defined as work that is not part of the routine work for operations and maintenance support for the ERRC but comes within the scope of the contract. Specific work will be defined as required by the ERRC in accordance with the PWS attached to this contract.

Prior to starting any work, the Contractor shall submit a proposal outlining the work to be done to the ACO, including a tentative start date and indicating the number of days to complete the work. The proposal shall also identify the methods, equipment, and material to be used and the number of hours and wage rate per craft, using the fully burdened rates previously negotiated under Section B, to complete the work. ACO approval is required prior to performing any additional work.

mailto:josh.dobereiner@ars.usda.gov mailto:mark.volk@ars.usda.gov

If any other direct prices (for example, materials) are involved in performance of this work, they shall be priced out separately when submitting proposals to the ACO. If work is of such urgency that it cannot be awarded and negotiated in a timely manner, the contractor shall notify the ACO immediately.

The ACO will determine whether the additional work shall be performed. An order will be issued for approved work citing funded or supplemental funding, and payment will be processed upon completion by Government Purchase Card or by invoice as described in Section G.5.

G.4 INVOICE PREPARATION AND SUBMISSION

Based upon acceptance of the required contract deliverables, the Contractor shall submit properly prepared invoices monthly via the Invoice Processing Platform (www.ipp.gov). Each invoice shall reflect the monthly fixed price. Additional work shall be invoiced monthly after acceptance of the work by the Government and shall include the work order number and delivery order number.

The Contractor shall, at a minimum, include the following information to comply with the proper invoice submission procedures identified in FAR 32.905:

1) Name and address of the Contractor

2) Invoice date and invoice number

3) Contract number or other authorization for supplies delivered or services performed

4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed

5) Shipping and payment terms

6) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper Notice of Assignment)

7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice

8) Taxpayer Identification Number (TIN). The Contractor must include its TIN on the invoice only if required by agency procedures

9) Electronic funds transfer (EFT) banking information.

G.5 GOVERNMENT PROPERTY

The Contractor is authorized to use the Government property and materials detailed in Attachment A.1.3, Available Government Property and Materials, in the performance of the contract.

http://www.ipp.gov/

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACT CLAUSES INCLUDED BY FULL TEXT

AGAR 452.215-73 – Post Award Conference (Nov 1996)

A post award conference with the successful offeror is required. It will be scheduled within 21 days after the date of contract award. The conference will be held at:

Eastern Regional Research Center

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.

AGAR 452.228-71 – Insurance Coverage (Nov 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

AGAR 452.236-74 – Control of Erosion, Sedimentation, and Pollution (Nov 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

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.

H.2 APPLICABILITY OF ATTACHMENTS TO THE PERFORMANCE WORK

STATEMENT

In addition to Attachments identified in the Performance Work Statement, Section J of this contract may contain several attachments that are directly related to the performance of the work required by this contract.

H.3 CHLOROFLUOROCARBON (CFC) AND HYDROCHLOROFLUOROCARBON

(HCFC) REFRIGERANTS

(a) Do not purchase any new equipment that uses R-22 or other HCFCs as refrigerants;

(b) If equipment using CFCs or HCFCs is being replaced or undergoing major repairs, do not replace it in kind. Replace it with equipment using ozone-friendly HFC refrigerants. Use alternatives to ozone depleting substances as approved by the Environmental Protection Agency (EPA) Significant New Alternatives Policy (SNAP) program. HCFC gas may be purchased for maintenance if it is not cost effective to replace existing serviceable equipment. Some equipment may be converted;

(c) Halon fire suppressants are prohibited;

(d) Recycle refrigerants. Recovery and recycling of refrigerants must be done by licensed and trained professionals. Do not vent them to the atmosphere.

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1 CONTRACT CLAUSES INCORPORATED BY REFERENCE

FAR 52.202-1 Definitions (Nov 2013) FAR 52.203-3 Gratuities (Apr 1984) FAR 52.203-5 Covenant Against Contingent Fees (May 2014) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006) FAR 52.203-7 Anti-Kickback Procedures (May 2014) FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity (May 2014) FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May

2014) FAR 52.203-12 Limitations on Payments to Influence Certain Federal Transactions

(Oct 2010) FAR 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) FAR52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights (Apr 2014) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017) FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper (May 2011) FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards (Oct 2016) FAR 52.204-13 System for Award Management Maintenance (Oct 2016) FAR 52.204-14 Service Contract Reporting Requirements (Oct 2016) FAR 52.204-22 Alternative Line Item Proposal (Jan 2017) FAR 52.208-9 Contractor Use of Mandatory Sources of Supply or Services (May

2014) FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015)

FAR 52.210-1 Market Research (Apr 2011) FAR 52.215-2 Audit and Records-Negotiation (Oct 2010) FAR 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997) FAR 52.215-14 Integrity of Unit Prices (Oct 2010) FAR 52.219-8 Utilization of Small Business Concerns (Nov 2016) FAR 52.219-14 Limitations on Subcontracting (Jan 2017)

FAR 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) FAR 52.222-1 Notice to the Government of Labor Disputes (Feb 1997) FAR 52.222-3 Convict Labor (Jun 2003) FAR 52.222-4 Contract Work Hours and Safety Standards-Overtime

Compensation (May 2018) FAR 52.222-6 Construction Wage Rate Requirements (May 2014) FAR 52.222-7 Withholding of Funds (May 2014) FAR 52.222-8 Payrolls and Basic Records (May 2014) FAR 52.222-9 Apprentices and Trainees (Jul 2005) FAR 52.222-10 Compliance with Copeland Act Requirements (Feb 1988) FAR 52.222-11 Subcontracts (Labor Standards) (May 2014) FAR 52.222-12 Contract Termination-Debarment (May 2014) FAR 52.222-13 Compliance with Construction Wage Rate Requirements and

Related Regulations (May 2014) FAR 52.222-14 Disputes Concerning Labor Standards (Feb 1988) FAR 52.222-15 Certification of Eligibility (May 2014) FAR 52.222-17 Nondisplacement of Qualified Workers (May 2014) FAR 52.222-19 Child Labor-Cooperation With Authorities and Remedies (Jan

2018) FAR 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000 (May 2014) FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26 Equal Opportunity (Sep 2016) FAR 52.222-27 Affirmative Action Compliance Requirements for Construction

(Apr 2015) FAR 52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual

Method) (Jan 2017) FAR 52.222-37 Employment Reports on Veterans (Feb 2016) FAR 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act (Dec 2010) FAR 52.222-41 Service Contract Labor Standards (May 2014) FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-

Price Adjustment (Multiple Year and Option Contracts) (May 2014)

FAR 52.222-50 Combating Trafficking in Persons (Mar 2015) FAR 52.222-54 Employment Eligibility Verification (Oct 2015) FAR 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts (Sep 2013) FAR 52.223-3, ALT I Hazardous Material Identification and Material Safety Data (Jul

1995) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) FAR 52.223-6 Drug-Free Workplace (May 2001) FAR 52.223-10 Waste Reduction Program (May 2011)

FAR 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016)

FAR 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016)

FAR 52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007) FAR 52.223-16 Acquisition of EPEAT®-Registered Personal Computer Products

(Oct 2015) FAR 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and

Construction Contracts (May 2008) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

Driving (Aug 2011) FAR 52.223-19 Compliance with Environmental Management Systems (May

2011) FAR 52.223-20 Aerosols (Jun 2016) FAR 52.223-21 Foams (Jun 2016) FAR 52.224-3 Privacy Training (Jan 2017) FAR 52.225-1 Buy American-Supplies (May 2014) FAR 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) FAR 52.227-1 Authorization and Consent (Dec 2007) FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement (Dec 2007) FAR 52.227-23 Rights to Proposal Data (Technical) (Jun 1987) FAR 52.228-5 Insurance-Work on a Government Installation (Jan 1997) FAR 52.229-3 Federal, State, and Local Taxes (Feb 2013) FAR 52.232-1 Payments (Apr 1984) FAR 52.232-5 Payments Under Fixed-Price Construction Contracts (May 2014) FAR 52.232-8 Discounts for Prompt Payment (Feb 2002) FAR 52.232-9 Limitation on Withholding of Payments (Apr 1984) FAR 52.232-11 Extras (Apr 1984) FAR 52.232-16, ALT I Progress Payments (Mar 2000) FAR 52.232-17 Interest (May 2014) FAR 52.232-18 Availability of Funds (Apr 1984) FAR 52.232-23 Assignment of Claims (May 2014) FAR 52.232-25 Prompt Payment (Jan 2017) FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award

Management (Jul 2013) FAR 52.232-37 Multiple Payment Arrangements (May 1999) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013) FAR 52.233-1, ALT I Disputes (Dec 1991) FAR 52.233-3 Protest After Award (Aug 1996) FAR 52.233-4 Applicable Law For Breach Of Contract Claim (Oct 2004) FAR 52.236-2 Differing Site Conditions (Apr 1984) FAR 52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984)

FAR 52.236-5 Material and Workmanship (Apr 1984) FAR 52.236-6 Superintendence by the Contractor (Apr 1984) FAR 52.236-7 Permits and Responsibilities (Nov 1991) FAR 52.236-8 Other Contracts (Apr 1984) FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984) FAR 52.236-10 Operations and Storage Areas (Apr 1984) FAR 52.236-11 Use and Possession Prior to Completion (Apr 1984) FAR 52.236-12 Cleaning Up (Apr 1984) FAR 52.236-13 Accident Prevention (Nov 1991) FAR 52.236-14 Availability and Use of Utility Services (Apr 1984) FAR 52.236-15 Schedules for Construction Contracts (Apr 1984) FAR 52.236-21 Specifications and Drawings for Construction (Feb 1997) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation

(Apr 1984) FAR 52.237-3 Continuity of Services (Jan 1991) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.243-1, ALT I Changes-Fixed Price (Apr 1984) FAR 52.243-5 Changes and Changed Conditions (Apr 1984) FAR 52.244-6 Subcontracts for Commercial Items (Jul 2018) FAR 52.245-1, ALT I Government Property (Apr 2012) FAR 52.245-9 Use and Charges (Apr 2012) FAR 52.246-20 Warranty of Services (May 2001) FAR 52.246-21 Warranty of Construction (Mar 1994) FAR 52.246-25 Limitation of Liability-Services (Feb 1997) FAR 52.247-21 Contractor Liability for Personal Injury and/or Property Damage

(Apr 1984) FAR 52.248-1 Value Engineering (Oct 2010) FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price)

(Apr 2012) FAR 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) FAR 52.249-10 Default (Fixed-Price Construction) (Apr 1984) FAR 52.251-1 Government Supply Sources (Apr 2012) FAR 52.253-1 Computer Generated Forms (Jan 1991)

I.2 CONTRACT CLAUSES INCLUDED BY FULL TEXT

AGAR 452.216-73 – Minimum and Maximum Contract Amounts (Feb 1988) (This clause applies to the Additional Work portion of the contract)

During the period specified in FAR Clause 52.216-18, Ordering, the Government shall place orders totaling a minimum of $2,500, but not in excess of the maximum on the Schedule B.

AGAR 452.236-71 – Prohibition Against the Use of Lead-Based Paint (Nov 1996)

Neither the Contractor nor any subcontractor performing under this contract shall use paints containing more than 0.06 of 1 percent lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied, or both.

AGAR 452.236-72 – Use of Premises (Nov 1996)

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

AGAR 452.236-75 – Maximum Workweek-Construction Schedule (Nov 1996)

Within 7 calendar days after receipt of a written request from the Contracting Officer, the Contractor must submit the following in writing for approval:

(a) A schedule as required by FAR clause 52.236-15, Schedules for Construction Contracts, and

(b) The hours (including the daily starting and stopping times) and days of the week the Contractor proposes to carry out the work.

The maximum workweek that will be approved is 60 hours.

AGAR 452.236-76 – Samples and Certificates (Feb 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance with materials and construction specified in the contract performance requirements.

Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which samples, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer.

AGAR 452.237-74 – Key Personnel (Feb 1988)

(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.

FAR 52.216-18 – Ordering (Oct 1985)

(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 March 1, 2019 through February 29, 2024.

(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.

FAR 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 $250.00, 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 --

(1) Any order for a single item in excess of $25,000.00;

(2) Any order for a combination of items in excess of $25,000.00; or

(3) A series of orders from the same ordering office within 10 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 10 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.

FAR 52.216-22 – Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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 February 29, 2024.

FAR 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 30 days.

FAR 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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 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 66 months.

FAR 52.219-11 – Special 8(a) Contract Conditions (Jan 2017)

The Small Business Administration (SBA) agrees to the following:

(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.

(c) Except for novation agreements delegate to the United States Department of Agriculture (USDA) the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the USDA shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.

(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the USDA.

(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the “Disputes” clause of said subcontract.

(f) To notify the USDA Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

FAR 52.219-12 – Special 8(a) Subcontract Conditions (Jan 2017)

(a) The Small Business Administration (SBA) has entered into Contract No.________ [insert number of contract] with the USDA to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.

(b) The ___________ [insert name of subcontractor], hereafter referred to as the subcontractor, agrees and acknowledges as follows:

(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. ______ [insert number of contract] for the consideration stated therein and that it has read and is familiar with each and every part of the contract.

(2) That the SBA has delegated responsibility, except for novation agreements, for the administration of this subcontract to the USDA with complete authority to take any action on behalf of the Government under the terms and conditions of this subcontract.

(3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting Officer of the USDA.

(4) That it will notify the USDA Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the USDA.

FAR 52.219-17 – Section 8(a) Award (Jan 2017)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements, delegates to the United States Department of Agriculture (USDA) the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the USDA Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the USDA.

FAR 52.219-18 – Notification of Competition Limited to Eligible 8(a) Participants (Jan 2017)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer --

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)

(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply in connection with construction or service contracts.

(2) The ____________ [insert name of SBA’s contractor] will notify the United States Department of Agriculture Contracting Officer in writing immediately…