12639519Q0144_RFID_EAR_TAGS.pdf

12639519Q0144 RFID TAGS

NOTES TO QUOTER:

1. This solicitation is for one 3 year fixed price Indefinite Delivery Indefinite Quantity (IDIQ) type contract. Quoted price shall include all costs necessary to produce and deliver the products FOB destination to the address in the SOW.

2. YOU MAY EMAIL YOUR QUOTE DIRECTLY TO PATRICIA SIMON before the time specified on the solicitation announcement. Send quotes to: patricia.m.simon@USDA.gov. It is the contractor’s responsibility to ensure Quotes are received on time. Please note that file size limitations, formatting, or other problems may hamper receipt so please verify that the contracting officer has received your Quote.

The following items must be submitted with your quote:

1) DUNS number and confirmation of SAM registration

2) Completed Pricing schedule for each contract year

a. Contractors may submit more than one quote (propose alternate pricing and delivery schemes (see 52.212‐1(e)) if they might result in better pricing for example.)

3) Written Certification that the device being offered is a currently approved AIN device and further that the device meets the same standards and specifications of its initial approval and current device standards. The certification must also include the AIN product number, species certification, and the Manufacturers Product name/Number (example… AIN 9999, Brand X LF Panel tag, approved for use with Cattle, Bison, Deer & Elk) Additional Requirements:

a. Please indicate country of manufacture and assembly on the certification.

b. Please identify the monthly production capacity for these items.

4) Quality Assurance Plan: Contractors shall include a quality control plan with their proposal. This QA plan shall explain the offeror’s quality control system and clearly demonstrate the manufacturer’s ability to consistently adhere to contract specifications and contract delivery requirements.

5) Past Performance: Three (3) past performance references detailing ear tag effectiveness. Include:

c. Company or agency name

d. Size/frequency of Order

e. Point of contact

i. Name

ii. Phone Number

iii. Email Address

6) Proposed Subcontracting Plan (see below)

3. See provision 52.212‐2 for quote evaluation information. Quotes will be evaluated based on Best Value in accordance with FAR Part 13.

4. NOTICE TO LARGE BUSINESS CONCERNS: The U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS) is committed to the participation of Small Businesses, Small Disadvantaged Businesses, Women‐Owned Small Businesses, HUBZone Small Businesses, and Service Disabled Veteran Owned Small Businesses in the performance of work under this solicitation and resulting contract. Your attention is directed to solicitation clauses 52.219‐8 entitled "Utilization of Small Business Concerns," and 52.219‐9 entitled "Small Business Subcontracting Plan."

If you are a large business with a quote exceeding $700,000.00, submission of a Subcontracting Plan in accordance with the above clauses will be required with your quote. The Contracting Officer will review the plan using the following goals to assure that it represents your best efforts to maximize subcontracting opportunities. Award will not be made until the Contracting Officer approves the Subcontracting Plan. The quoters’s subcontracting plan shall meet or exceed the goals expressed below, in terms of percentages of total planned subcontracting dollars. The accepted plan shall be included in and made part of the resultant contract. The minimum required goals expressed in percent of total planned subcontracting dollars are:

a. Small Business 22.0%

b. Small Disadvantaged Business 5.0%

c. Women‐Owned Small Business 5.0%

d. HUBZone Small Business 3.0%

e. Service‐Disabled Veteran‐Owned Small Business 3.0%

f. Reporting (ISR/ESR through www.esrs.gov) 100%

It is the contractor’s responsibility to propose goals that are achievable. Adjustments to the above goals may be proposed and may be considered for negotiation by the Contracting Officer.

Subcontracting plans will be evaluated in accordance with FAR 19.704 Subcontracting Plan Requirements, which can be accessed at the following website:

http://farsite.hill.af.mil/vfafara.htm. Contractors should be aware that failure to meet subcontracting goals in the performance of the contract may negatively impact performance evaluations, see also Clause 52.219‐16 LIQUIDATED

DAMAGES‐SUBCONTRACTING PLAN (JAN 1999).

5. ANY QUESTIONS PERTAINING TO THIS Request for Quotes (RFQ) SHALL BE DIRECTED TO PATRICIA SIMON, BY EMAIL TO patricia.m.simon@USDA.gov no later than 5 dates before quotes are due.

6. CONTRACTORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT

(SAM) PRIOR TO QUOTING. Please make sure that your registration is current.

7. USDA IS AN AGENCY OF THE FEDERAL GOVERNMENT, TAX‐EXEMPT. FEDERAL

TAX. I.D. NO. 41‐0696271.

8. This solicitation is being issued unrestricted under NAICS 334419, with a small business size standard of 750 employees.

1.0 Pricing Schedule

The quantities in the schedule are estimates only and are not guaranteed. The minimum guaranteed amount under this contract will be purchased at time of award. The government may order the yearly estimated quantity in one order for the year. Prices shall include all costs necessary to produce and deliver (including but not limited to tag cost, per order costs for set‐ up, data entry, handling) the product FOB Destination to the delivery address in the SOW.

PRICING SCHEDULE

Year 1 (Date of Award‐ 08/30/2020)

Item Est Quantity Unit Unit Price Total Price

001 HDX LF RFID Button Tags 130,000 EA

002 Universal Applicator 20 EA

Total

Year 2 (09/01/2020‐ 08/30/2021)

Item Est Quantity Unit Unit Price Total Price

003 HDX LF RFID Button Tags 130,000 EA

004 Universal Applicator 20 EA

Year 3 (09/01/2021‐ 08/30/2022)

Item Est Quantity Unit Unit Price Total Price

005 HDX LF RFID Button Tags 130,000 EA

006 Universal Applicator 20 EA

2.0 STATEMENT OF WORK: ANIMAL IDENTIFICATION NUMBER (AIN) COMPLIANT RADIO

FREQUENCY IDENTIFICATION (RFID) EARTAGS AND APPLICATORS

2.1 Purpose

U.S. Department of Agriculture’s (USDA), Animal and Plant Health Inspection Service’s (APHIS), Veterinary services (VS) has a requirement for USDA Approved AIN Compliant RFID Button Eartags for USDA’s Traceability Program.

2.2 Scope

A 3 year, fixed price, Indefinite Delivery Indefinite Quantity (IDIQ) type contract for New RFID Tags and Applicators. The Contractor shall provide USDA approved*, AIN compliant, Half Duplex (HDX) Low Frequency (LF) RFID button eartags, and applicators to the USDA, APHIS, VS.

The RFID button eartags will be provided to State, Federal, and Tribal animal health officials in support of the Animal Disease Traceability (ADT) Program.

*Only vendors that have been approved by the Veterinary Services, Animal Disease Traceability Program will be considered for an award. Our VS program is always considering vendors to include on the approved list. If your company is interested in applying for approved status, please contact Daisy Witherspoon at 301‐851‐3496 or Daisy.M.Witherspoon@usda.gov.

If at any time the contractor loses approval status per the terms of AIN Tag manufacturer’s Agreement, this contract may be terminated.

2.3 Specifications

The USDA, APHIS, VS, intends to acquire new plastic HDX LF RFID button eartags for livestock (primarily cattle) and universal applicators (or the associated applicators if a universal applicator is unavailable) for use with the ADT program. Eligible devices are limited to HDX LF AIN button tags certified by ICAR for conformance with ISO‐11784 and 11785 that have current approval status.

2.3.1 Approval Certification

The Contractor shall supply proof of their status as an USDA AIN device Manufacturer.

Contractor shall also provide written certification that the device being offered is a currently approved AIN device and further that the device meets the same standards and specifications of its initial approval and current device standards as indicated in Table 1‐3 below. The certification must also include the AIN product number, species certification, and the Manufacturers Product name/Number; (example… AIN 0002, 4 Star button tag, approved for use with Cattle, Bison, Deer & Elk).

2.3.2 Tag Performance Specifications

Table 1 — Tag Performance Requirements and Description

Performance Requirements

One‐time use – Tamper evident

The tag must be designed for one‐time use (tamper evident), making it impossible to remove and reapply the tag without visual evidence of tampering.

Unalterable The printing on the tag may not be readily altered.

Readability The AIN must be easily and reliably readable with 20/20 vision. The printing and color contrast of official eartag shield, lettering, and numbers are to be easily and reliably readable at a distance of 30 inches (0.75 m).

The percent of data matrix read on new tags being shipped from the manufacturing plant must be at 100% when read with a camera based image reader (barcode reader).

Tag loss rates On average, when applied in a manner approved by the manufacturer, not more than 1 percent of tags applied may be lost in the year following application or in any year thereafter under normal field conditions over the expected life of the tag.

Expected tag life The minimum time that a tag shall be expected to remain on an animal in a functional state (physically) is for the expected life of the animal.

Tag toxicity and animal injury

Tags may do no harm to an animal or affect its health or well‐being.

Tags may not cause chemical contamination of meat or edible offal or damage the hide.

Tag deterioration There may be no diffusion of colorant from tags.

There may be no apparent physical deterioration (other than color) due to detrimental effects by UV light, rain, heat (45°C) and cold (‐30°C) or other environmental influences such as chemicals, mud, urine, or manure for at least 5 years of wear.

Tag plasticity Devices may not split or crack under normal use.

Tag coupling/tensile strength

Tag coupling/tensile strength: Evaluation standards must conform to ICAR testing standards and, at minimum, should comply with ISO standards 37 and 527.

Tag abrasion resistance

Tag abrasion resistance: Tags shall not exhibit damage or change due to wear, may be subjected to ICAR testing standards and, at minimum, should comply with ISO standard 9352.

2.3.3 Tag Printing Standards

Table 2 — Eartags – Printing Standards and Description for Eartags

Printing Description

The tag must have the official eartag shield imprinted on its surface1 imprinted at a minimum height of 5 mm (0.2 inches).

The tag must bear the entire official animal number and imprinted at a minimum height of 5 mm (0.2 inches). For AIN tags a space must be inserted between each 3rd digit of the AIN imprinted on the AIN tag, e.g., 840 003 123 456 789.

The font for all characters for required information imprinted on the tag must be Arial or, if different, approved by APHIS.

The text “UNLAWFUL TO REMOVE” must be imprinted on the tag2 and must be a minimum height of 3 mm (0.12 inches).2

All NUES and AIN characters that are part of the official number format must be 5mm (3/16 of an inch) high and easily readable with 20/20 vision at a distance of 30 inches (0.75 m).

Note: Exception may be made for small size tags, in particular RF tags, that do not allow the printing of the official identification number at 5mm but are clearly read at the required distance

An indentation of the manufacturer’s unique, copyrighted logo or trademark must be easily observed on the tag. Having such information permanently imprinted on the tag is also acceptable.

Printing of other information may be authorized if it does not compromise the readability of the required information.

Visual only tags must be imprinted with a 2D Data Matrix that conforms with the ECC200 Data Matrix protocol. The data matrix is to be printed on the device in a square approximately 5mm x 5mm and should be a two dimensional representation of the official animal number printed on the tag. The data matrix must be imprinted on any part of the tag containing official animal identification number. Readability (percent of data matrix read) on new tags being shipped from the manufacturing plant must be at 100% when read with a camera based image reader (barcode reader).

AIN tags that contain RF technology must have the 2D Data Matrix described above imprinted on the tag piece that contains the official animal number unless waived by

USDA.

1 The above printing standards are for visual identification, and the visual eartag is the animal's official identifier. Radio frequency identification technology (RFID) may be incorporated in the visual tag when the above printing criteria is met. Such technology is considered supplemental identification. Tags with RFID technology must have all 15 digits of the AIN printed on the portion of the tag that contains the transponder which is coded with the identical 15 digit AIN.

Imprinting the AIN on the portion of the tag that does not contain the transponder is optional, but when this is the case, the tag set is packaged in containers or trays so that the two pieces are maintained as a pair until they are applied.

2 In order for producers, market operators, and animal health officials, etc., to recognize eartags as "Official", it is essential that the official eartag shield be visible on the animal after it is tagged. Similarly, in order to emphasize the need to maintain this identification for the life of the animal, it is necessary to have the text, "UNLAWFUL TO REMOVE" clearly visible.

Therefore, the official eartag shield must be printed on both parts of a two part tag, and the text, "UNLAWFUL TO REMOVE" must be printed on the portion of the eartag that is most visible following application.

For small button tags, the "UNLAWFUL TO REMOVE" text must be printed on the back piece of the tag (outside of ear). For panel tags, the text must be printed on the back piece (outside of ear), but may also be printed on the front piece (inside of ear).

2.3.4 Radio Frequency Technology Specifications

The radio frequency technology must meet the criteria defined in Table 3 below.

Table 3 — Radio Frequency Technical Standards

ISO Compliant All transponders must be certified by ICAR for conformance with ISO‐11784 and 11785.

Electronic Read Rates and Ranges

In a laboratory with a neutral electromagnetic environment:

Transponders must have a 100 percent read rate in best orientation at 24 inches (60 cm) in a stationary test and a moving test of 1 m/sec over a passage length of at least 20 inches (50 cm). Note: This test information is optional.

In a field test environment: Transponders must be reliably machine read at a rate of 95 percent without regard to orientation by a standardized dual HDX/FDX reader, as cattle move by in a single file passage at 4 mph (1m/sec).

Expected tag life The minimum time that a tag shall be expected to remain functional (electronically) is for the expected life of the animal.

Transponder security The official number encoded within each transponder must not be able to be altered and must be contained within the tag.

Tags will be tamper‐evident and impossible to unseal without visible evidence of tampering.

Transponder failure rates The transponder within the tag shall be reliable and machine‐ readable for the expected lifetime of the animal.

2.4 Quality Control

The contractor shall have a quality control plan that explains the contractor’s quality control system. The plan must clearly demonstrate the manufacturer’s ability to consistently adhere to contract specifications and contract delivery requirements.

2.5 Additional Administrative Requirements

All tag distribution records must be reported to the Animal Identification Number Management System (AIMS) and an excel spreadsheet providing bag numbers for each bag of 20 tags and the 20 AINs contained within the bag to traceability@usda.gov.

2.6 Printing

Tags must meet current AIN compliant device standards in Section 1.5.4 above and the following additional requirements:

At a minimum must have the ability to print tags in white, yellow and orange.

2.7 Packaging

Male and female tag pairs must be packaged in holding trays. The trays will then be placed in a bag containing 20 tags per bag. Contractor will affix the 13 digit National Stock Number (NSN) Z888‐00‐HDX‐RFID to each outer bag.

In addition, each bag containing 20 RFID females and 20 males will have a 7 digit number (3 alpha and 4 numeric) affixed to the bag. The sequence range of bags will be AAD 0001 to ZZZ 9999. The female RFID tags contained in the bags must have the Animal Identification Numbers in a sequential range and placed in a holding tray.(i.e. 8400000000000001 to 8400000000000020 in bag AAC0001)

Additional packing and shipping requirements are located in “Instructions to Contractors for packaging and Marking of Supplies/Tags for Shipment to the National Logistics Support Center, Kansas City, Missouri” located in Attachment 1.

2.8 Delivery

Contractor has up to 45 days to deliver. Tags and applicators shall be shipped from the manufacturer directly to the USDA warehouse:

APHIS/VS/SPRS Logistics Support Center 3500 East 149th St. Dock 1 Kansas City, MO 64147

This should be done via the most cost effective and efficient means that will insure intact and on time delivery.

3.0 CONTRACT ADMINISTRATION

3.1 Delivery Orders

Delivery orders will be issued against this contract on a firm fixed price basis at the quoted price.

Delivery Orders may be placed by any APHIS warranted contracting officer and will be issued via email.

3.2 Invoicing Information

Invoices may be issued upon USDA acceptance of all tags shipped. Invoices must be submitted via www.ipp.gov.

A proper invoice must include:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

(vii) Taxpayer Identification Number (TIN).

The Government reserves the right to reject an invoice that does not include the information above.

3.3 Points of Contact

For questions regarding general contract administration, please contact Patricia M. Simon, Contracting Officer (CO), at 612‐336‐3460 or patricia.m.simon@usda.gov. Only the CO has the authority to make changes under the contract.

The CO may designate a Contracting Officer’s Representative (COR) upon award. If designated, the COR would be responsible for monitoring the performance of work under this contract and is the local Government contact. The designation (delegation of authority) would be provided in writing to the COR and is available to the Contractor. The delegation of authority clearly explains the CORs roles and responsibilities on the contract and limitations of authority.

PROCEEDING WITH WORK WITHOUT PROPER CONTRACTUAL COVERAGE AND APPROVAL OF

THE CO COULD RESULT IN A BREACH OF CONTRACT AND NONPAYMENT.

Program Point of Contact:

Daisy Witherspoon 4700 River Rd Riverdale, MD 20747

4.0 CONTRACT CLAUSES

52.204‐13 System for Award Management Maintenance. (Oct 2018)

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

52.209‐7 Information Regarding Responsibility Matters (Oct 2018)

52.212‐4 ‐‐ Contract Terms and Conditions ‐‐ Commercial Items. (Oct 2018)

52.232‐40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.247‐34 ‐‐ F.o.b. – Destination. (Nov 1991)

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/ https://www.acquisition.gov/

(End of Clause)

52.209‐1 ‐‐ Qualification Requirements. (Feb 1995)

(a) Definition. “Qualification requirement,” as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

(Name) _____________________________________

(Address) ___________________________________

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

Offeror’s Name _______________________________

Manufacturer’s Name __________________________

Source’s Name _______________________________

Item Name __________________________________

Service Identification __________________________

Test Number ______________________________ (to the extent known)

(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government’s best interests.

(e) If an offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government’s interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.

(End of Clause)

52.212‐5 ‐‐ Contract Terms and Conditions Required to Implement Statutes or Executive Orders ‐‐ Commercial Items. (May 2019)

(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) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115‐91).

(3) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233‐3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233‐4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108‐ 77, 108‐78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X__ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

___ (3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (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 2018) (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).

_X__ (9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (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.

_X__ (12) (i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219‐4.

___ (13) [Reserved]

___ (14) (i) 52.219‐6, Notice of Total Small Business 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 (Oct 2018) (15 U.S.C.

637(d)(2) and (3)).

__X _ (17) (i) 52.219‐9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

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

_X__ (iii) Alternate II (Nov 2016) of 52.219‐9.

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

___ (v) Alternate IV (Aug 2018) 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)).

__X_ (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) (i) 52.222‐26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222‐26.

_X__ (29) (i) 52.222‐35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222‐35.

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

___ (ii) Alternate I (July 2014) of 52.222‐36.

_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 (JAN 2019) (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.)

_x__ (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).

_x__ (43) 52.223‐20, Aerosols (Jun 2016) (E.O. 13693).

_x__ (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.

___ (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.

_X__ (48) 52.225‐5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

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

___ (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 (Oct 2018) (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)(13)).

___ (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.

___ (iii) Alternate II (Feb 2006) 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 (Aug 2018) (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) (Aug 2018) (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).

(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 (Jan 2019) (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) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115‐91).

(iv) 52.219‐8, Utilization of Small Business Concerns (Oct 2018) (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.

(v) 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.

(vi) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222‐26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222‐35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

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

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

(xi) 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.

(xii) 52.222‐41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (A) 52.222‐50, Combating Trafficking in Persons (Jan 2019) (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).

(xiv) 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.)

(xv) 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)

(xvi) 52.222‐54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

13706).

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

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

(xx) 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).

(xxi) 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.

(xxii) 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)

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 date of expiration.

(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.

(End of Clause)

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 $5,000, 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 delivery in excess of $250,000.;

(2) Any order for a combination of items in excess of $250,000; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216‐ 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum‐order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216‐22 ‐‐ Indefinite Quantity. (Oct 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 90 days after contract expiration.

(End of Clause)

452.216‐73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216‐18, ORDERING, the Government shall place orders totaling a minimum of $100,000., but not in excess of $1,500,000.

(End of Clause)

5.0 ATTACHMENT 1

ATTACHMENT 1

Instructions to Contractors for packaging and Marking of supplies/tags for shipment to the APHIS/VS Logistics Support Center Kansas City, Missouri

I. MARKINGS OF UNIT AND INTERMEDIATE PACKAGES

Each unit of material procured for shipment to and storage at the APHIS/VS Logistics Support Center in Kansas City, Missouri shall be individually packaged and marked.

Unit packages of the same VS stock number may then be packaged together for the ease of shipment into intermediate shipping containers.

Each unit package and each intermediate package shall be marked on the top side of box With the following information:

1. Complete VS stock number

2. Item description

3. Sequence number of tags (if applicable)

4. Quantity in the package and unit of issue

5. Contract number

6. Delivery or purchase order number

7. Shelf life expiration date

8. Hazardous material identification

II. MARKINGS OF EXTERIOR CONTAINERS

The exterior package shall be marked with the same information as the above Items 1 through 8, plus the contractor’s name and address, and the gross weight and cube of the exterior container.

All markings shall be legible and are to be located such that the markings may easily be read from a distance of five (5) feet when stored on shelves or stacked in the warehouse. All markings shall be located so as not to be destroyed when the pack is opened for inspection.

Markings shall be placed so as not to be obscured by strapping or closure tape.

Boxes and crates under ten (10) cubic feet, exterior markings shall be applied to the upper left two‐thirds of the side of the container having the largest marking surface area. The address label for shipment shall be applied on the same side of the container. If the container is too small to accommodate the address label on the identification marking side, it shall be applied on the opposite side of the container .

If a shipment is palletized, the pallet size must be standard, and the maximum height shall not exceed 54” from the floor to the top of the stacked cartons. Pallets shall be shrink‐ wrapped and secure. Shipment shall be palletized in numerical order. Markings should be standardized as to letter type and size. If shipping tags, pallets shall be shrink‐wrapped, and double strapped with metal or nylon straps. Tags that are produced in alpha and numerical sequence shall be arranged on the pallet in descending order. (ex: A is top layer, B,C,D, E, with F the bottom layer of the pallet) Sixty (60) thousand tags per pallet maximum. Must be able to read the label of each box to verify tag sequence. Do not double stack pallets.

III. PACKING SLIP DOCUMENTATION

Each exterior container shall be individually marked and include a packing slip on the outside, which identifies the item packaged. Each packing slip must be clearly legible and include the following information.

1. VS stock number

2. Item description

3. Sequence number of tags (if applicable)

4. Quantity of the units of issue in the intermediate package

5. Contract number

6. Delivery or Purchase order number

7. Shelf life expiration date

8. Hazardous material identification

9. Package number and total number of packages (ex: 1of 5)

Packing slip shall be securely attached to the end or side of the container, and sealed in a waterproof container. They shall be secured to the exterior of the palletized load or containers in the most protected location.

IV. MARKING ALL TYPES OF CONTRACT

All shipments to:

APHIS/VS/SPRS Logistics Support Center 3500 East 149th St. Dock 1 Kansas City, MO 64147

V. TRANSSHIPMENTS

All boxes shall be constructed to withstand shipment to the VS Logistics Support Center, then shipments from the Logistics Support Center to the end users. Containers shall meet Federal Express and United Parcel Service shipping requirements. Boxes shall be sealed in two directions (length/girth) with some type of reinforced tape and/or staples.

Revised: Aug 2018

6.0 CONTRACT PROVISIONS

BY REFERENCE

52.212‐1 ‐‐ Instructions to Offerors ‐‐ Commercial Items. (Oct 2018)

52.204‐7 ‐‐ System for Award Management (Oct 2018)

52.204‐16 ‐‐Commercial and Government Entity Code Reporting. (Jul 2016)

52.209‐7 – Information Regarding Responsibility Matters. (Oct 2018)

FULL TEXT

52.212‐2 ‐‐ Evaluation ‐‐ Commercial Items. (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Evaluation will occur in accordance with Simplified Acquisition Procedures outlined in FAR part 13.106‐2. The following factors shall be used to evaluate offers: Price, Product Certification, Quality Assurance, Past Performance, subcontracting.

(End of Provision)

52.212‐3 ‐‐ Offeror Representations and Certifications ‐‐ Commercial Items. (Oct 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

(a) Definitions. As used in this provision‐‐

“Economically disadvantaged women‐owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women‐owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(6) Exacted from any person under the age of 18 under…