Attachmt_1_12639518Q0156.pdf

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5year IDIQ Contract to provide Pink Boll Worm Delta Traps
Solicitation number
12639518Q0156
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Attachment_1 SF1449 Sol form 12639518Q0156

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INSTRUCTIONS CONDITIONS AND NOTICES TO INTERESTED PARTIES OR RESPONDENTS

In order to have a complete package, as a minimum, the return package must contain the following items. Offers submitted without completion of items listed here shall be considered nonresponsive and ineligible for award.

• Completed form 1449 Schedule of items (See Attachment 1 pg 1 boxes 17a & 30a,b & c, )

• Completed Price Schedule of Items 001 –010 (page 2 ) and Questions A & B on Page 3

• DUNS NUMBER - Anyone interested in doing business with the USDA must first obtain a Dunn and Bradstreet number. If your company does not have a DUNS number, you may contact Dun and Bradstreet directly to obtain one by calling 1- 866-705- 5711or via the following website:

http://fedgov.dnb.com/webform

• Online Registration of Government System for Award Management (SAM) at http://sam.gov Anyone interested in doing business with the USDA must also be listed in the government’s System for Award Management known as SAM. You may register on line with http://sam.gov A prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. The Contracting Officer intends to make an award within 7 days of the solicitation closing date. If the Quoter does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Quoter.

Interested Parties may obtain information on registration and annual confirmation requirements via the SAM database accessed through http://sam.gov or by calling 1-866-606-8220

***REGISTRATION IS FREE***

• Completion of 52.212-3 - Offeror Representations and Certifications - Commercial Items. The Quoter shall complete only paragraphs (b) of this provision if the Quoter has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision (See pages 25-43)

• Completion of FAR Provision 52.209-5 -- Certification Regarding Responsibility Matters.. (page 43 - 45)

• Completion of FAR Provision 52.209-7 – Information Regarding Responsibility Matters. Item (b), Page ( 46)

• 52.209-4 - First Article Approval -- Government Testing. ***To be completed upon notification request from Contracting Officer First Article Test items and shipping costs are to be submitted at the vendors expense. (See pages 20 – 22) for more details

Interested vendors please submit quotes to the Contracting Officer’s Email, Fax or Address below by notice due date by 4:00pm Mountain Time.

Carol Dingess Contracting Officer Sol# 12639518Q0156

USDA/ APHIS/MRPBS/AAMD

2150 Centre Avenue Building - B ( MS - 2E6) Fort Collins, CO 80526 ph:970-494-7360 Fax: 970-472-1897 (Attn: Carol Dingess - 2E20) Carol.Dingess@aphis.usda.gov http://fedgov.dnb.com/webform http://sam.gov/ http://www.sam.gov/portal mailto:Carol.Dingess@aphis.usda.gov

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

APHIS-MRPBS-ASD-6395

Carol.Dingess@aphis.usda.gov Fax 970-472-1897 Carol Dingess 970-494-7360

USDA APHIS MRPBS AAMD

CODE 16. ADMINISTERED BYCODE

X

X

X

325320

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

1600 MT970-494-7360CAROL DINGESS

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639518Q0156

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 47 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Ft. Collins CO

17a. CONTRACTOR/

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Firm Fixed Priced Contract to provide Pink Boll Worm Delta Traps IAW Specifications. The period of performance will be from date of award and not to exceed five years. All cost to include but not limit to: overhead, general and administrative, profit, insurance, and transportation. The only adhesive acceptable for use on these traps is "Stickem Special" Manufactured by Seabright Enterprises, LTD Acceptance of traps is conditioned on approved lots of paperboard.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

CAROL R. DINGESS

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

USDA/APHIS/PPQ/Moore Air Base FMS 22675 N Moorefield Rd Bldg. 6420 Edinburg TX 78541 Attn: Gabriel Lopez Phone# 956-205-7608 Email- Gabriel.lopez@aphis.usda.gov

For Invoice Processing and Payment.

Please see https://www.ipp.gov/vendors/enrollment-vendors.htm and submit invoices through the Invoice Processing Platform (IPP)

Enroll at https://www.ipp.gov/ company Name

Address

DUNS#

POC Name Ph# Fax# Email:

06/27/2018

07/27/2018

SF1449 CONTINUATION – SECTION B

Line Item No.

Maximum Estimated Quanitity Unit Unit Price Total Amount

Year 1 of 5 Line 001 Pink Boll Worm Delta Traps IAW Specifications 500,000 EA

Line 002 Estimated Shipping Charges to Edinburg TX 78541 →

TOTAL Year 1 Ordering Period

Line 003 Year 2 of 5

Maximum Estimated Quanitity EA Unit Price Total Amount

Pink Boll Worm Delta Traps IAW Specifications 500,000

Line 004 Estimated Shipping Charges to Edinburg TX 78541 →

TOTAL Year 2 Ordering Period

Line 005 Year 3 of 5

Maximum Estimated Quanitity EA Unit Price Total Amount

Pink Boll Worm Delta Traps IAW Specifications 500,000

Line 006 Estimated Shipping Charges to Edinburg TX 78541 →

TOTAL Year 3 Ordering Period

Line 007 Year 4 of 5

Maximum Estimated Quanitity EA Unit Price Total Amount

Pink Boll Worm Delta Traps IAW Specifications 500,000

Line 008 Estimated Shipping Charges to Edinburg TX 78541 →

TOTAL Year 4 Ordering Period

Line 009 Year 5 of 5

Maximum Estimated Quanitity EA Unit Price Total Amount

Pink Boll Worm Delta Traps IAW Specifications 500,000

010 Estimated Shipping Charges to Edinburg TX 78541 →

TOTAL Year 5 Ordering Period

TOTAL DOLLAR AMOUNT FOR 5 YEARS $

**All pricing to include any and all costs but not limited to: overhead, general and administrative costs, profit, and transportation

The U.S. Department of Agriculture is a tax exempt agency. (Exempt from state and Federal tax) Tax ID Number : 41-0696271. Tax Exempt # 471640000

A-Product Manufactured in the USA [ ] Yes [ ] No if no, what country:

B - Delivery Schedule

Number of days for delivery after receipt of order

10,000 – 25,000

26,000 – 75,000

76,000 – 150,000

More then 150,000

1.0 Pink Boll Worm Paper Delta Trap

Statement of work

Package Markings:

The following shall be displayed on a side wall of each carton:

Agency: USDA APHIS PPQ

Contract No. __________________

Contractor Name: _________________________

The following instructions shall be printed on 4 vertical sides of each carton with all characters being 3/8 inch high (Corresponding information may be hand written but must be legible):

This side up ↑

DO NOT CRUSH

STORE IN A COOL DRY PLACE

PBW Paper Delta Trap, Color:____________ Quantity: _______________

Production date: _________________ Lot No.:___________________

Packaging:

The PBWPDT shall be positioned with the folded edge down in lots of 250 traps per container. The container shall be sized to produce a snug fit and strength to withstand shipping, handling, and stacking to heights of five (5) feet without crushing the containers at the bottom of the stack.

Material shall be packed for shipment in such a manner that shall ensure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification rules, or regulations of other carriers as applicable to the mode of transportation.

Material Safety Data Sheets (MSDS) shall be provided to the USDA. The contractor shall provide a MSDS for the adhesive material and provide one (1) copy in each packaging container.

The contractor shall place one (1) copy of the descriptive drawing, provided by the USDA as an attachment to this solicitation, in each packaging container.

3.0 Specifications:

Material:

The traps shall be fabricated of hard sized, liquid packaging grade ½ gallon milk carton paperboard stock with 0.024 inch nominal thickness and polyethylene plastic-coating on both sides. Variance from nominal thickness no greater than +0.002” will be tolerable. The coating is typically 0.0062” outside (=9lbs. per 3,000 sq. ft.) and 0.0012” inside. It is essential that the traps described herein are capable of withstanding outside service for a period of 90 days. Paperboard (milk carton grade) must exhibit good liquid holdout capability, especially where edges and cuts are exposed. The drainage holes need to be completely punched out. This is measured by a “paperboard test” which tests the sample paperboard against an international paperboard standard. The industry standard range of weight for water absorption should be 1.5%-2%, and the percent of water absorbed in the sample paperboard should be equal to or less than the industry standard or not greater than 10% of the standard.

The Delta Trap design is required in one color: orange outside and white inside.

4.0 Fabrication:

The size, cutting, perforating, and precreasing shall be in accordance with the enclosed blueprint (attachment 2 ). Should the precreasing be directional, it should be done in such a manner that will assist in folding the traps into assembly. Precreasing shall be done in a manner that does not cut or otherwise damage the plastic coating.

5.0 Colors and Printing:

Traps shall be orange on the outside (non-sticky coated) and white on the inside (sticky coated). The process used to color the trap surfaces shall be resistant to fading and withstand exposure to sunlight for a period of 90 days without appreciable loss of color. A grid of one inch squares shall be printed in black on the interior surfaces. The width of the grid lines shall be approximately 1/64th of an inch and shall not fall outside of 1/58th inches to 1/71th inches. All printing shall be waterproof and unaffected by the adhesive coating, and interior printing visible through the adhesive coating.

The outer side panels shall be imprinted with black letters printed as follows:

SIDE 1

PINK BOLLWORM TRAP (30PT) TRAP# (18pt)

PLEASE DO NOT DISTURB TRAP (18pt)

PROHIBIDO TOCAR, MOVER, DESTRUIR LA TRAMPA

(18pt)

FOR INFORMATION CONTACT THE COUNTY OR STATE

DEPARTMENT OF AGRICULTURE (12pt)

SIDE 2

COUNTY (12pt)

TRS (30pt) ACRES________(2” length, 18pt)

DATE (18pt)

NOTE:

Not to scale, trap dimensions are on schematic of the entire trap. Indent printing ¼ inch from left edge and start ½ inch below first fold. Printing inside parentheses is informational only, do not print.

6.0 Adhesive:

Field trials have been conducted by PPQ personnel to test various adhesives for use on paper delta traps.

It has been determined, as a result of the tests, the only adhesive acceptable for use is:

“Stickem Special”

Seabright Enterprises, LTD 4026 Harlan Street Emeryville, CA 94608

Adhesive application:

A uniform coating of insect adhesive shall be applied to the three inside surfaces identified on the enclosed drawing (attachment 2). The amount of adhesive to be applied is eight point five (8.5) grams +/-one (1) gram. The adhesive shall be applied in a manner which prevents deposition outside of the designated area as shown in the attached diagram. When folded the adhesive stays within the adhesive panels only. Following application of the adhesive, each trap shall be prepared for storage by folding in a manner that aligned the inside surfaces to prevent the adhesive coated surfaces from contacting non-adhesive surfaces.

Following application of the adhesive, each trap shall be prepared for storage by storing adhesive sides together or placing a releasable paper over the required adhesive. The alignment of the paper or adhesion to another trap must not alter the non-adhesive surfaces.

7.0 Quality Control Inspection of Traps:

During the manufacture of the balance of the traps, the Contracting Officer’s Representative (COR) or representative authorized by her/him may elect to inspect and monitor production of the traps at the production facility.

Additionally, testing may be conducted to ensure traps are meet specifications. The testing may include industry standard procedures described in the Technical Association of Pulp and Paper Industry (TAPPI) as Method T-491 OM 85, and other tests designed to evaluate the adhesive coating, sizing, tensile strength, liquid holdout, and weather-ability of the paperboard product used. Overall, quality of the assembled trap will be evaluated.

8.0 First Article Test Procedures:

The USDA may require first article testing (at no additional cost to the government) in two phases after the award of the contract.

Phase 1:

After receiving approval/notification from Contracting Officer (CO ) or Contract Administrator (CA) the contractor will first submit twelve 8 inches by 8 inches paperboard samples, within 15 working days to:

USDA APHIS PPQ

Attention: Natalie Leva CPHST Otis Laboratory 1398 W. Truck Rd.

Buzzards Bay, MA 02542

Testing will be conducted to determine if the standards have been met. Within 15 working days after the Government receives the first article, the CO or CA shall notify the contractor, in writing, of the conditional approval or disapproval for the submitted paper board. The notice of conditional approval or disapproval shall not relieve the Contractor from complying with all requirements in the specifications and all other terms and conditions of this contract. A notice of conditional approval or disapproval shall state any further action required of the Contractor.

Phase 2:

After successfully submitting the approved or conditionally approved paperboard samples that met the first article phase 1 testing the contractor shall then submit twelve (12) paper delta traps with adhesive, four of EACH COLOR, within 15 working days from the date of approval of the paperboard samples for the second phase of first article tests. Shipping documentation shall contain the government procurement number and the item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract. Samples should be submitted to:

USDA APHIS PPQ

Attention: Natalie Leva CPHST Otis Laboratory 1398 W. Truck Rd.

Buzzards Bay, MA 02542

Within 15 working days after the Government receives the phase 2 first article, the CO or CA shall notify the Contractor, in writing, of the approval, conditional approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contract from complying with all requirements for the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor.

A site visit may be arranged to the production facility to ensure the trap produced conforms to specification.

Should any cases of production over-runs or slight dimensional changes caused by lot quantity procurement from cutting of base material be identified the CO or CA shall be made aware. Appropriate course of action will be directed after consideration of the Government needs and how these traps may fit them.

9.0 Quality Assurance and Quality Assurance Surveillance:

The contractor may be asked to provide a written copy of its quality control program utilized in the manufacturing process to ensure compliance with the specifications.

The government may periodically test samples of the traps at its choosing to ensure they are compliant with the terms of the contract. The vendor shall provide five traps without adhesive for every five cartons of completed traps for each production to run. The traps shall be separately packaged and not included in the same cartons with the completed traps with adhesive. These traps will be used as a quality control of the amount of adhesive that goes on each individual trap. However, it is imperative that these traps are properly identified by purchase order number, production date and be of the same paperboard used in the production run. Separate packaging excludes these traps from any adhesive contamination. Weight comparisons will be made.

10.0 Delivery:

Place(s) of delivery and acceptance and FOB point.

USDA APHIS PPQ

Bldg 6407, Moore Air Base 22675 N Moorefield Road Edinburg TX 78541 Attn: Gabriel Lopez 956-205-7608 Gabriel.Lopez@aphis.usda

The Government will provide equipment or manpower to off-load equipment from delivery trucks.

Shipment will be FOB Destination and Inspection and acceptance is in accordance with FAR Clause 52.212-4(a)

11.0 Points of Contact

The USDA designated local Contracting Officer’s Representative (COR ) to coordinate the work to be completed under this contract is Gabriel Lopez . Contact information is listed below.

Gabriel Lopez Phone# 956-205-7608 Email- Gabriel.lopez@aphis.usda.gov

The USDA designated local Technical Points of Contact (POCs) under this contract are John Crowe and Martha Garza . Contact information is listed below.

John Crowe

PM PLANT HEALTH PROGRAMS-PHP

Phone 301-851-2108 Email: John.F.Crowe@aphis.usda.gov

Martha E. Garza Program Specialist Phone 956.205.7604 Email: martha.garza@aphis.usda.gov

The USDA/APHIS/MRPBS Contract Administrator under this contract is Carol Dingess Contact information is listed below

Carol Dingess mailto:John.F.Crowe@aphis.usda.gov mailto:martha.garza@aphis.usda.gov

Contracting Officer

USDA/ APHIS/MRPBS/AAMD

2150 Centre Avenue Building - B ( MS - 2E6) Fort Collins, CO 80526 Phone 970-494-7360 Fax: 970-472-1897 (Attn: Carol Dingess - 2E20) Carol.Dingess@aphis.usda.gov

12.0 Contract Delivery Order Instructions:

USDA/APHIS/PPQ will begin issuing Delivery Orders shortly after award of the basic contract. The Delivery Order contains the actual funding for the supplies ordered.

They will be numbered with an 126395YYFNNNN . Upon delivery/performance and acceptance of the products/or services for any Delivery Order, the vendor will be responsible for submitting the invoice for payment against the Delivery Order Contract number, referencing the individual Delivery Order number in the IPP system at https://www.ipp.gov.

The Contractor shall submit an original invoice (or electronic invoice, if authorized,) to the address designated in the contract to receive invoices (https://www.ipp.gov).

13.0 Invoice Processing and Payment.

Payment is 30 days After Receipt of Supplies or Services and upon acceptance of proper invoicing in accordance with Prompt Payment Act (31 U.S.C. 3903)

USDA uses the Invoice Processing Platform (IPP) for electronic submission and tracking of purchase orders, invoices, and payment information to its suppliers of goods and services: Enroll at https://ipp.gov. The IPP is a government-wide secure web-based invoice processing service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS).

Upon contract award, you will receive a notification of your one-time enrollment requirement in an automatic invoice payment notification system available through IPP. This one-time enrollment in IPP means that you will receive a series of e-mails from Treasury services.

Contractors must submit invoices and attach all supporting documentation as required within 5 business days of completion of services provided. Supporting documentation include, for example; maintenance inspection checklist, timecard for labor, travel receipts etc. The COTR will review the supporting documents before approving invoices in IPP, if supporting documentation is not provided the invoice will be rejected. IPP will issue a notification to contractor that they must submit supporting documentation and resubmit the invoice.

Please see https://www.ipp.gov/vendors/enrollment-vendors.htm and Submit invoices through the Invoice Processing Platform (IPP) mailto:Carol.Dingess@aphis.usda.gov https://www.ipp.gov/

Enroll at https://www.ipp.gov/

IPP is a secure, web-based system that manages government invoicing

The U.S. Department of Agriculture is a tax exempt agency. (Exempt from state and Federal tax) Tax ID Number: 41-0696271. Tax Exempt # 4700

14.0 Clause Addendum

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vmfara.htm https://www.dm.usda.gov/procurement/policy/agar_x/agar02/subchaph.html

52.212-4 Contract Terms and Conditions—Commercial Items. (Jan 2017)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

52.204-18 Commercial and Government Entity Code Maintenance. (Jul 2016)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Jan 2018)

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

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

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

http://farsite.hill.af.mil/vmfara.htm https://www.dm.usda.gov/procurement/policy/agar_x/agar02/subchaph.html

(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.]

___ (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 (Jun 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 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

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

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]

X (14) (i) 52.219-6, Notice of Total Small Business 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.

X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

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

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

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

___ (v) Alternate IV (Nov 2016) of 52.219-9.

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

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

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (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 (Jan 2018) (E.O.

13126).

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

X _ (28) 52.222-26, Equal Opportunity (Sep 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).

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

X (33) (i) 52.222-50, Combating Trafficking in Persons (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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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 Television (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. 13696).

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

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

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

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).

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

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

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

___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

5150).

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

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

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

X (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

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

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

(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) (E.O. 13658).

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

793).

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

(x) 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.

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

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

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

(xiii) 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.)

(xiv) 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)

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

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

(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

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

(xx) 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.

(xxi) 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)

Clauses in Full Text:

52.204-21 – Basic Safeguarding of Covered Contractor Information Systems. (Jun 2016)

(a) Definitions. As used in this clause--

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access;

and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.209-4 - First Article Approval -- Government Testing. (Sep 1989)

Phase 1:

(a) After receiving approval/notification from Contracting Officer (CO ) or Contract Administrator (CA) of the contractor will first submit twelve 8 inches by 8 inches paperboard samples, at no cost to the government within 15 working days of notification, to:

USDA APHIS PPQ

Attention: Natalie Leva CPHST Otis Laboratory 1398 W. Truck Rd.

Buzzards Bay, MA 02542

Testing will be conducted to determine if the standards have been met. Within 15 working days after the Government receives the first article, the CO or CA shall notify the contractor, in writing, of the conditional approval or disapproval for the submitted paper board. The notice of conditional approval or disapproval shall not relieve the Contractor from complying with all requirements in the specifications and all other terms and conditions of this contract. A notice of conditional approval or disapproval shall state any further action required of the Contractor.

Phase 2:

(b) After successfully submitting the approved or conditionally approved paperboard samples that met the first article phase 1 testing the contractor shall then submit twelve (12) paper delta traps with adhesive, four of EACH COLOR, within 15 working days from the date of approval of the paperboard samples for the second phase of first article tests. Shipping documentation shall contain the government procurement number and the item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract. Samples should be submitted to:

USDA APHIS PPQ

Attention: Natalie Leva CPHST Otis Laboratory 1398 W. Truck Rd.

Buzzards Bay, MA 02542

Within 15 working days after the Government receives the phase 2 first article, the CO or CA shall notify the Contractor, in writing, of the approval, conditional approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contract from complying with all requirements for the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor.

A site visit may be arranged to the production facility to ensure the trap produced conforms to specification.

Should any cases of production over-runs or slight dimensional changes caused by lot quantity procurement from cutting of base material be identified the CO or CA shall be made aware. Appropriate course of action will be directed after consideration of the Government needs and how these traps may fit them.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor --

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor’s expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for

(1) progress payments, or

(2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(End of Clause)

52.216-18 – Ordering. (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through Contract End Date.

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

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

52.216-19 -- Order Limitations. (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 2,000(ea), 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 100,000(ea);

(2) Any order for a combination of items in excess of 500,000(ea); or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the…

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