12639519Q0082.pdf

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Attached to: Courier Service - Blakely, Georgia
Solicitation number: 12639519Q0082
Issued by: Department of Agriculture Agricultural Marketing Service Cotton and Tobacco Program

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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

USDA-AMS-33SM

FREDERICKSBURG VA 22406

SUITE 101

100 RIVERSIDE PARKWAY

USDA AMS C&T

CODE 16. ADMINISTERED BYCODE

492210

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORUSDA-AMS-33SM

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/28/2019 1400 ET

03/13/2019

540-361-1126BEVERLY BROWN

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639519Q0082

5. SOLICITATION NUMBER

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

1 44 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

FREDERICKSBURG VA 22406

SUITE 101

100 RIVERSIDE PARKWAY

9. ISSUED BY

2. CONTRACT NO.

EFFECTIVE DATE

$27.50

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 AMS C&T

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.

Tax ID Number: Not Available DUNS Number: Not Available Courier service for the pick-up and delivery of laboratory test samples along with any accompanying paperwork or documents Period of Performance: 04/01/2019 to 03/31/2024

001 BASE YEAR: April 1, 2019 - March 31, 2020 Courier service for the pick-up and delivery of laboratory test samples along with any Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED . 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

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.

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, AMS, S&T, FLS, NATL SCI LAB

Suite B 801 Summit Crossing Place Gastonia, NC 28054

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

accompanying paperwork or documents

002 Option Year I: April 1, 2020 - March 31, 2021

Courier service for the pick-up and delivery of laboratory test samples along with any accompanying paperwork or documents

003 Option Year II: April 1, 2021 - March 31, 2022

Courier service for the pick-up and delivery of laboratory test samples along with any accompanying paperwork or documents

004 Option Year III: April 1, 2022 - March 31, 2023

Courier service for the pick-up and delivery of laboratory test samples along with any accompanying paperwork or documents

005 Option Year IV: April 1, 2023 - March 31, 2024

Courier service for the pick-up and delivery of laboratory test samples along with any accompanying paperwork or documents

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

44 2 of

The Schedule

Base Year: April 1, 2019 – March 31, 2020

Line Item

Description:

Pick-up locations:

Unit Unit Price Total:

01 Albany, GA TRIP 02 Sylvester, GA TRIP 03 Tifton, GA TRIP 04 Fitzgerald, GA TRIP 05 Ashburn, GA TRIP 06 Cordele, GA TRIP 07 Leesburg, GA TRIP 08 Smithville, GA TRIP 09 Albany, Sylvester TRIP 10 Albany, Leesburg TRIP 11 Sylvester, Leesburg TRIP 12 Albany, Ashburn TRIP 13 Albany, Fitzgerald TRIP 14 Tifton, Fitzgerald TRIP 15 Fitzgerald, Cordele TRIP 16 Albany, Fitzgerald, Ashburn TRIP 17 Albany*, Sylvester, Tifton TRIP 18 Albany*, Sylvester, Ashburn TRIP 19 Albany, Leesburg*, Smithville TRIP 20 Albany, Ashburn, Cordele TRIP 21 Albany, Tifton, Ashburn TRIP 22 Albany, Tifton, Fitzgerald TRIP 23 Albany, Ashburn, Leesburg TRIP 24 Albany, Fitzgerald, Cordele TRIP 25 Albany, Sylvester, Ashburn, Cordele TRIP 26 Albany, Fitzgerald, Ashburn, Cordele TRIP 27 Albany, Sylvester, Fitzgerald, Ashburn TRIP 28 Albany*, Sylvester, Ashburn, Leesburg TRIP 29 Albany*, Fitzgerald, Ashburn, Leesburg

TRIP

30 Albany*, Sylvester, Fitzgerald, Ashburn, Leesburg

TRIP

31 Albany, Sylvester, Tifton, Ashburn, Cordele

TRIP

32 Albany, Sylvester, Tifton, Fitzgerald, Ashburn, Cordele, Leesburg, Smithville

TRIP

*Optional pickup locations are denoted by an asterisk

Option Year: April 1, 2020 – March 31, 2021

Line Item

Description:

Pick-up locations:

Unit Unit Price Total:

TRIP

30 Albany*, Sylvester, Fitzgerald, Ashburn, Leesburg

TRIP

31 Albany, Sylvester, Tifton, Ashburn, Cordele

TRIP

32 Albany, Sylvester, Tifton, Fitzgerald, Ashburn, Cordele, Leesburg, Smithville

Option Year II: April 1, 2021 – March 31, 2022

Line Item

Description:

Pick-up locations:

Unit Unit Price Total:

TRIP

30 Albany*, Sylvester, Fitzgerald, Ashburn, Leesburg

TRIP

31 Albany, Sylvester, Tifton, Ashburn, Cordele

TRIP

32 Albany, Sylvester, Tifton, Fitzgerald, Ashburn, Cordele, Leesburg, Smithville

Option Year III: April 1, 2022 – March 31, 2023

Line Item

Description:

Pick-up locations:

Unit Unit Price Total:

TRIP

30 Albany*, Sylvester, Fitzgerald, Ashburn, Leesburg

TRIP

31 Albany, Sylvester, Tifton, Ashburn, Cordele

TRIP

32 Albany, Sylvester, Tifton, Fitzgerald, Ashburn, Cordele, Leesburg, Smithville

Option Year IV: April 1, 2023 – March 31, 2024

Line Item

Description:

Pick-up locations:

Unit Unit Price Total:

TRIP

30 Albany*, Sylvester, Fitzgerald, Ashburn, Leesburg

TRIP

31 Albany, Sylvester, Tifton, Ashburn, Cordele

TRIP

32 Albany, Sylvester, Tifton, Fitzgerald, Ashburn, Cordele, Leesburg, Smithville

1. BACKGROUND:

The National Science Laboratories (NSL), USDA-AMS-S&T-LATD performs chemical, proximate, microbiological and bio-molecular testing of agricultural commodities and food products for a variety of government and non-government stakeholders, including food safety and nutritional testing for government buying programs and military rations. These laboratory services, funded entirely through user-fees and not appropriations, are critical for ensuring safe and nutritious food for school children and military personnel.

2. SCOPE OF WORK (OBJECTIVE):

The National Science Laboratories (NSL) branch facility located at 6567 Chancey Mill Road, Blakely, GA requires a courier service for the pick-up and delivery of laboratory test samples along with any accompanying paperwork or documents. The courier is expected to perform these services in a safe and expeditious manner to the satisfaction of the applicant (client) and laboratory management. The courier service will pick-up and deliver samples by means of the shortest and most direct route possible. The timely pickup and delivery of laboratory test materials is critical to the laboratory’s ability to provide rapid turnaround. Any delay or mix-up could result in a loss of revenue for the applicants (clients) which could cause applicants (clients) to discontinue using the USDA facility. Therefore, daily pickup of testing materials from designated locations established by customer need (or request) rather than courier preference is key to maintaining turnaround. UPrompt delivery action on the part of any courier service is a requirement.

3. PERIOD OF PERFORMANCE:

The period of performance for this agreement must begin no later than April 1, 2019 - March 31, 2024.

4. REQUIREMENT(S):

Courier is expected to contact pickup locations daily to determine if a pickup is needed. Telephone numbers and points of contact will be provided by laboratory management. All locations are typically within the state of Georgia, e.g. Albany, Ashburn, Cordele, Fitzgerald, Leesburg, Smithville, Sylvester and Tifton;

however, minimal travel distances (< 100 miles) outside Georgia may be required.

All materials, i.e. laboratory samples and documentation must be picked up as late as possible in the day before the location closes. If courier is unable to obtain materials before a location closes, the courier MUST pre-arrange with the pickup location an alternative location for after-hours pickup.

All materials are to be transported in a covered and secure vehicle. Materials are not hazardous but must not be subjected to extreme heat or cold, and handled with care to prevent tearing or ripping of bags and containers to avoid loss or damage to materials. UMaterials are to be delivered to the laboratory by 7:00am on the workday following pickup.U For example, materials picked up on Monday are due for delivery by 7:00am Tuesday. The courier is expected to make pickups Sunday through Thursday followed by deliveries Monday through Friday; delivery on the weekend is not required. The aflatoxin laboratory is closed on all Federal Holidays unless an applicant specifically requests that the laboratory remain open.

For the purposes of this contract, a “trip” is defined as the daily round or designated travel within the state of Georgia from the laboratory’s location to one or more pickup locations and back to the laboratory.

“Trip” costs are also based upon a set monetary rate for the operation of a privately owned vehicle plus estimated fuel costs during the contract’s period of performance.

Regardless of the courier’s actual starting point the courier may only invoice (bill) for a trip listed in the accompanying mileage chart. Only the most frequent trips have been outlined in the mileage chart rather than all possible scenarios. Optional pickup locations are made based upon customer needs, and do not change the total mileage or round trip costs. Optional pickup locations are denoted by an asterisk (*) in the mileage chart.

Other pickup locations and trip scenarios may exist than those listed in the mileage chart, and must be evaluated by laboratory management prior to pickup to establish costs. Rates (i.e. POV, fuel and hourly) are established in the mileage chart and will be used for the contract’s entire period of performance for calculating alternative trip scenarios.

The courier must document starting and ending times for each trip driven on a daily basis. A trip report or log must be submitted with each invoice (bill) for services rendered. The trip report or log must reference each trip driven by line item and destinations established in the mileage chart. Services may only be invoiced (billed ) monthly to the laboratory for payment. Services for trips outside those listed in the mileage chart must be approved by laboratory management before payment can be rendered.

UMILEAGE CHART

TRIP# # PICKUPS

LOCATIONS

MILEAGE

ROUND TRIP SEQUENCE OF PICKUP LOCATIONS

TOTAL PRICE

2019 POV Rate

Est. Fuel Cost Fuel Rate

TOTAL

Round Trip

EST TIME

Round Trip

COST

HRLY RATE

TOTAL COST

PER TRIP

miles 1 2 3 4 5 6 7 8 0.58 0.067 HRS $ 14.00 001 1 109 Albany 63.22$ 7.30 70.52$ 2.5 35.00$ 105.52$ 002 1 150 Sylvester 87.00$ 10.05 97.05$ 3.0 42.00$ 139.05$ 003 1 193 Tifton 111.94$ 12.93 124.87$ 3.5 49.00$ 173.87$ 004 1 235 Fitzgerald 136.30$ 15.75 152.05$ 4.5 63.00$ 215.05$ 005 1 184 Ashburn 106.72$ 12.33 119.05$ 4.0 56.00$ 175.05$ 006 1 197 Cordele 114.26$ 13.20 127.46$ 4.0 56.00$ 183.46$ 007 1 129 Leesburg 74.82$ 8.64 83.46$ 3.0 42.00$ 125.46$ 008 1 134 Smithville 77.72$ 8.98 86.70$ 3.0 42.00$ 128.70$ 009 2 149 Albany Sylvester 86.42$ 9.98 96.40$ 3.0 42.00$ 138.40$ 010 2 130 Albany Leesburg 75.40$ 8.71 84.11$ 3.0 42.00$ 126.11$ 011 2 169 Sylvester Leesburg 98.02$ 11.32 109.34$ 3.5 49.00$ 158.34$ 012 2 184 Albany Ashburn 106.72$ 12.33 119.05$ 4.0 56.00$ 175.05$ 013 2 235 Albany Fitzgerald 136.30$ 15.75 152.05$ 5.0 70.00$ 222.05$ 014 2 243 Tifton Fitzgerald 140.94$ 16.28 157.22$ 5.0 70.00$ 227.22$ 015 2 261 Fitzgerald Cordele 151.38$ 17.49 168.87$ 5.0 70.00$ 238.87$ 016 2 247 Fitzgerald Leesburg 143.26$ 16.55 159.81$ 5.0 70.00$ 229.81$ 017 3 235 Albany Fitzgerald Ashburn 136.30$ 15.75 152.05$ 5.0 70.00$ 222.05$ 018 3 192 Albany* Sylvester Tifton 111.36$ 12.86 124.22$ 4.0 56.00$ 180.22$ 019 3 183 Albany* Sylvester Ashburn 106.14$ 12.26 118.40$ 4.0 56.00$ 174.40$ 020 2 146 Albany Leesburg* Smithville 84.68$ 9.78 94.46$ 3.5 49.00$ 143.46$ 021 3 206 Albany Ashburn Cordele 119.48$ 13.80 133.28$ 4.5 63.00$ 196.28$ 022 3 210 Albany Tifton Ashburn 121.80$ 14.07 135.87$ 4.5 63.00$ 198.87$ 023 3 243 Albany Tifton Fitzgerald 140.94$ 16.28 157.22$ 5.0 70.00$ 227.22$ 024 3 189 Albany Ashburn Leesburg 109.62$ 12.66 122.28$ 4.5 63.00$ 185.28$ 025 3 255 Albany Fitzgerald Cordele 147.90$ 17.09 164.99$ 5.5 77.00$ 241.99$ 026 3 246 Albany Fitzgerald Leesburg 142.68$ 16.48 159.16$ 5.0 70.00$ 229.16$ 027 4 250 Albany Fitzgerald Leesburg Tifton 145.00$ 16.75 161.75$ 5.5 77.00$ 238.75$ 028 4 206 Albany Sylvester Ashburn Cordele 119.48$ 13.80 133.28$ 5.0 70.00$ 203.28$ 029 4 256 Albany Fitzgerald Ashburn Cordele 148.48$ 17.15 165.63$ 6.0 84.00$ 249.63$ 030 4 240 Albany Sylvester Fitzgerald Ashburn 139.20$ 16.08 155.28$ 5.5 77.00$ 232.28$ 031 3 189 Albany* Sylvester Ashburn Leesburg 109.62$ 12.66 122.28$ 4.5 63.00$ 185.28$ 032 3 240 Albany* Fitzgerald Ashburn Leesburg 139.20$ 16.08 155.28$ 5.5 77.00$ 232.28$ 033 4 240 Albany* Sylvester Fitzgerald Ashburn Leesburg 139.20$ 16.08 155.28$ 6.0 84.00$ 239.28$ 034 5 235 Albany Sylvester Tifton Ashburn Cordele 136.30$ 15.75 152.05$ 5.5 77.00$ 229.05$ 035 5 242 Albany Sylvester Tifton Fitzgerald Ashburn 140.36$ 16.21 156.57$ 6.0 84.00$ 240.57$ 036 8 284 Albany Sylvester Tifton Fitzgerald Ashburn Cordele Leesburg Smithville 164.72$ 19.03 183.75$ 7.0 98.00$ 281.75$

Clauses:

A.1 FAR 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

A.2 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.

A.3 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.

A.4 FAR 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)

(a) The Contractor shall not publish or disclose in any manner, without the Contracting Officer's written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government.

(b) To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor's facilities, installations, technical capabilities, operations, documentation, records, and databases.

(c) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party.

A.5 FAR 52.228-5 Insurance - Work on a Government Installation. (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective -

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of clause)

A.6 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. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance shall be required in the amount of $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.

(End of Clause)

A.7 FAR 52.247-21 Contractor Liability for Personal Injury and/or Property Damage. (APR 1984)

(a) The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor's vehicles or other equipment by, or the action of, the Contractor or the Contractor's employees and agents.

(b) The Contractor, at the Contractor's expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for injury or damage.

(c) The Contractor shall maintain Workers' Compensation and other legally required insurance with respect to the Contractor's own employees and agents.

(d) The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor's employees and agents in performing under this contract, and the Government shall be indemnified and saved harmless against claims for damage or injury in such cases.

(End of clause)

A.8 AGAR 452.209-70 Representation by Corporations Regarding an Unpaid Delinquent Tax

(FEB 2012)

(a) Awards made under this solicitation are subject to the provisions contained in sections 738 and 739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (P.L. No. 112-55), Division A, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that -

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of

Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked "is" above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked "is not" above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) The Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal or State law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

A.9 AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX

DELINQUENT STATUS FOR CORPORATE APPLICANTS ASSURANCE REGARDING

FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE

APPLICANTS

(a) This award is subject to the provisions contained in sections 738 and 739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it -

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, USDA, AMS may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739, as amended and/or subsequently enacted.

A.10 AGAR 452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is from April 1, 2019 through March 31, 2024.

(End of Clause)

A.11 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.

(End of clause)

A.12 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (38T31 U.S.C. 372738T). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Disputes. This contract is subject to 38T41 U.S.C. chapter 7138T, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 38T52.233-138T, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 38T52.202-138T, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.

The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113304 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137572 commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 38T52.232-3338T, Payment by Electronic Funds Transfer—System for Award Management, or 38T52.232-3438T, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (38T31 U.S.C. 390338T) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

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(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (38T31 U.S.C. 390338T) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 38T52.212-538T(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 38T41 U.S.C. 710938T , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 38T33.21138T if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

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(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 38T32.607-238T).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 38T32.608-238T of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031290 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031326 the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 38T31 U.S.C. 135238T relating to limitations on the use of appropriated funds to influence certain Federal contracts;

38T18 U.S.C. 43138T relating to officials not to benefit; 38T40 U.S.C. chapter 3738T, Contract Work Hours and Safety Standards; 38T41 U.S.C. chapter 8738T, Kickbacks; 38T41 U.S.C. 471238T and 38T10 U.S.C. 240938T relating to whistleblower protections; 38T49 U.S.C. 4011838T, Fly American; and 38T41 U.S.C. chapter 2138T relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 38T52.212-538T.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The 38TStandard Form 144938T.

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(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data.

To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and…

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