Clauses and Provisions 12405B24Q0082.docx

12405B24Q0082, ICP Service Contract

The following clauses and provisions apply to this acquisition. 52.252-2 Clauses Incorporated by Reference; 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL GOODS AND COMMERCIAL SERVICES; 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL GOODS AND COMMERCIAL SERVICES applies,; 52.222-3, Convict Labor; 52.233-3, Protest after award; 52.222-26, Equal Opportunity; 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans; 52.222-36, Affirmative Action for Workers with Disabilities; 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans; 52.222-19, Child Labor - Cooperation with Authorities and Remedies; 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts; 52.223-15 Energy Efficiency in Energy-Consuming Products; 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts; 52.225-13, Restrictions on Certain Foreign Purchases; 52.232-33, Payment by Electronic Funds Transfer - System for Award Management; applicable to this acquisition; 52.252-1 Solicitation Provisions Incorporated by Reference; 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL GOODS AND COMMERCIAL SERVICES; 52.223-1 Biobased Product Certification; 52.223-4 Recovered Materials Certification; 52.212-2 Evaluation-Commercial Products and Commercial Services ; 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES; 52.217-8 Option to Extend Services.

AGAR Clauses

452.211-70 Brand Name or Equal.

425.211-71 Equal Products Offered.

452.204-70 Modification for Contract Closeout

As prescribed in USDA’s Contracting Desk Book 404.804 and 413.302-5, insert the following clause:

MODIFICATION FOR CONTRACT CLOSEOUT (DEVIATION JULY 2022)

“Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR part 13,

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.”

(End of clause)

QUOTED PRICE MUST INCLUDE: any delivery costs as well as any applicable duties, brokerage, or customs fees.

DELIVERY DUE DATE: The Government requires delivery on or before 30 ARO, however, each offeror shall include their proposed delivery schedule as part of their quotation.

PAYMENT: Any award made under this solicitation is subject to 31 CFR Part 208 which requires all payments made by the government to be made by electronic funds transfer.

810 Hwy 12 East Mississippi State, MS 39762

Contractors intending to conduct business with the Federal Government MUST register with the System for Award Management (SAM) database prior to submitting quotation. You may register online at www.sam.gov. Any amendment and documents related to this procurement will be available electronically at the Internet site: http://www.SAM.gov.

FAR 52.212-2, Evaluation-Commercial Products and Commercial Services, the significant evaluation factors, in the relative order of importance, are (i) technical capability of the item offered to meet the Government requirement including delivery date; (ii) past performance; and (iii) price, based on F.O.B. Destination. Award will be made based on overall BEST VALUE to the Government.

The government anticipates award of a firm fixed priced contract resulting from this solicitation to the responsible offeror whose offer conforms to the specifications that will be the most advantageous to the government in accordance with FAR 13.106-2. Responses shall include technical specifications, descriptive material and capabilities of the offeror’s equipment. Offerors shall identity where the offered item meets or does not meet each of the Government's functional and performance minimum specifications listed herein.