12639520Q0027 Paper Cattle Backtags.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

APHIS-MRPBS-ASD-6395

100 N 6TH STREET

Butler Square, 5th Floor ASD Procurement Branch

USDA APHIS MRPBS

CODE 16. ADMINISTERED BYCODE

X

SIZE STANDARD:

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

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

01/31/2020 1200 CT

01/02/2020

612-336-3625LEAH SCHULTZ

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639520Q0027

5. SOLICITATION NUMBER

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

1 40 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

MINNEAPOLIS MN 55403

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Tax ID Number: Not Available DUNS Number: Not Available Solicitation for Cattle Tags per attached Sections 1.0 - 6.0.

Please contact Leah Schultz at 612-336-3625 with any questions.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

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

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

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.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

40 2 of

Cattle Tag Solicitation 12639520Q0027

1.0 PRICE SCHEDULE

1.1 Price Schedule

This is a firm‐fixed‐price Indefinite Delivery Indefinite Quantity (IDIQ) contract for cattle backtags. The term of this contract will be for five years.

The price per backtag and total price is based on the estimated annual quantities needed. These quantities are only an estimate and are not guaranteed. Currently, about 2,000,000 tags are ordered each month. That is not a guaranteed amount; however, it provides context for the production possibly needed.

The minimum requirement for this contract is $15,000. Additional orders are not guaranteed.

All prices include delivery costs to anywhere in the continental U.S.

Prices per Period of Performance: Price per Tag Estimated Unit Total Price Qty (Per Thousand)

YEAR 1: 04/01/20 – 03/31/2021

001. Cattle backtags with three $_________ 45,000 TH $___________ or four large digits

YEAR 2: 04/01/21 – 03/31/2022

002. Cattle backtags with three $_________ 45,000 TH $___________ or four large digits

YEAR 3: 04/01/22 – 03/31/2023

003. Cattle backtags with three $_________ 45,000 TH $___________ or four large digits

YEAR 4: 04/01/23 – 03/31/2024

004. Cattle backtags with three $_________ 45,000 TH $___________ or four large digits

YEAR 5: 04/01/24 – 03/31/2025

005. Cattle backtags with three $_________ 45,000 TH $___________ or four large digits

2.0 STATEMENT OF WORK:

Cattle Backtags

2.1 BACKGROUND

The U.S. National Veterinary Stockpile (NVS) is the nation's repository of critical veterinary supplies, equipment, and service resources. It exists because of the nation’s concern after 9/11 that terrorists could release animal diseases of catastrophic proportions that would deplete State and local response inventories, generate surge requirements that would overwhelm commercial sources, and prevent unaffected States from providing significant help for fear of the threat crossing their borders

The NVS’ ability to deploy within 24 hours large amounts of critical veterinary resources ensures States have what they need to respond to catastrophes and other outbreaks.

The NVS deploys products like animal vaccine, antiviral, equipment, or therapeutic products to appropriately respond to damaging animal diseases affecting human health and the economy that are likely to be unavailable in sufficient quantities for large outbreaks. States, industry (as part of the incident command system), and NVS commercial partners will use the products and related equipment to respond to large‐scale outbreaks.

2.2 OBJECTIVE

The United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Veterinary Service (VS), Riverdale, MD, intends to acquire cattle backtags which meet the specifications stated below. The animal backtag program is a program mandated by Congress that APHIS oversees and manages. It is a program designed to aid the USDA in the monitoring and management of animals from farm or ranch to feedlot and slaughter house. The oversight of animal movement is intended to inhibit the spread, and eventually eliminate various animal diseases which threaten American agriculture. The ability of users of these tags to expeditiously order and receive animal backtags is critical.

2.3 SPECIFICATIONS

2.3.1 Material

The cattle backtags shall be made of a waterproof paper stock. The tags shall be white or yellow on the printed side. The tags shall be oval in shape as shown in the example.

The tags shall be of sufficient wet strength and size. An additive shall be added so that the tag will not curl and the black print will not fade or smear when placed in a humidity chamber at 83 degrees Fahrenheit and 83 percent relative humidity for 24 hours.

The tag shall withstand adverse weather conditions (extreme temperatures, rain, snow and high humidity) for a minimum of fourteen (14) days without degradation.

2.3.2 Printing

A. The tag printing requirements are listed below:

The tags shall be printed on one side. (Side 1)

Print must be with permanent, black ink and the Font must be the modified Gothic Style.

Ink must not offset or smear when tags are padded together or when tags are wet.

Each tag on the reverse side (Side 2) shall be printed in another color to show the placement of the tag on the cow.

A wallpaper pattern of a cow shall be printed on the reverse side and must have a total of eight characters.

At the option of the ordering activity, tags shall have either three or four large digits, serially numbered. Refer to the backtag example (page 6).

Example 1. Tags with three large digits shall have a prefix consisting of two numbers and two letters followed by one number, which must be serially numbered with the large digit numbers.

Example 2. Tags with four large digits must have a prefix printed consisting of two numbers and two letters.

B. Character and Numeral Printing Sizes:

The prefix digits remain constant or change alphabetically with every 10,000 tags. The prefix numbers consist of the following:

The first two characters are numeric and designate the state code The next two characters are alpha and designate either livestock market code or state roll over code The next characters may be either a small numeric or large size number and designates the first serial character in the numeric series (0001‐9999) Prefix numbers and letters must be in boldface Gothic Type Style and be 1/4 inch high.

The large 3 or 4 digit numbers must be 1 1/4 inches high and a minimum of 1/4 inch wide boldface There shall be at least 3/16 inch space between each number The number "l" shall be vertical with no protrusion to the left

EXAMPLE 1: CATTLE BACK TAG 3 DIGIT / 4 DIGIT

EXAMPLE 2

2.3.3 State Color Designations

Based on where the tags will be used, this will dictate the color of the tag.

(States may choose white or yellow for special projects)

YELLOW TAGS

Alaska New Jersey Arizona North Dakota Arkansas Oklahoma California Oregon Colorado Pennsylvania

Indiana Puerto Rico Iowa South Dakota Louisiana Tennessee Michigan Texas Minnesota Virginia Montana West Virginia, Wisconsin

WHITE TAGS

Alabama Nebraska Connecticut New Hampshire Delaware New Mexico Florida New York Georgia Nevada Hawaii North Carolina Idaho Ohio Illinois Rhode Island Kansas South Carolina Kentucky Utah Maine Vermont Maryland Washington Massachusetts Wyoming Mississippi Missouri

2.3.4 Bar Codes

There shall be two bar codes 1 13/16 to 2 inches long and 7/16 inches high. The bar codes shall be clearly distinguishable from the large numbers with at least 1/8 inch clearance. The bar codes shall be 39 and have a density of 6 characters per inch. The bar coding shall meet the American National Standards Institute (ANSI) standards grade of “B” or better.

Numeric values are assigned to each Code 39 character:

0‐0 F‐15 U‐30 1‐1 G‐16 V‐31 2‐2 H‐17 W‐32 3‐3 I‐18 X‐33

4‐4 J‐19 Y‐34 5‐5 K‐20 Z‐35 6‐6 L‐21 “‐36 7‐7 M‐22 ‘‐37 8‐8 N‐23 Space‐38 9‐9 O‐24 $‐39 A‐10 P‐25 /‐40 B‐11 Q‐26 +‐41 C‐12 R‐27 %‐42 D‐13 S‐28 E‐14 T‐29

The check digit is the modulus 43 sum of all the character values in a given message and is printed as the last data character. The output of the bar code reader will not indicate or record the check digit which in our example _T_. For example the sum of the values of the following data would be:

Data: 12345ABCDE/Sum of Value=1+2+3+4+5+10+11+12+13+14+40+115 115/43=2 remainder 29.

The check digit is the character corresponding to the value of the remainder, which in this example is 29 or “T”.

The data above with its check digit reads: 12345ABCDE/T.

2.3.4 Binding/Packaging

The tags shall be in pads of 50 with adhesive bound on one edge. A gauze strip at least one inch wide and extending the depth of the pad shall be part of the binding. The tags in each pad must be in numerical sequence.

Orders will indicate the sequence of numbers and letters required. Delivery orders may be placed for less than a complete series of 10,000 tags. Since, some locations use two identical tags on each animal, delivery orders may require a duplicate number sequence.

2.3.5 Oval Tags

The tags shall be oval in shape 3 inches high by 3¾ inches wide. The long dimension of the tag shall be parallel to the grain of the paper. The large 3 or 4 digit numbers shall be positioned in the middle of the tag. A solid black bar, 1/8 inch high shall be 1/8 inch below the bottom bar code. On the left end of the tag the legend “State‐Federal” shall be printed. On the right end of the tag the legend “Do Not Remove” shall be printed. The legend printing shall be 1/8 inches high. Production date printed center bottom.

The prefix shall be printed in the upper arc:

Example 3 digit tag Example 4 digit tag

82 OK 1 82 OK

BAR CODE BAR CODE

101 1001

BAR CODE BAR CODE

PRODUCTION DATE PRODUCTION DATE

2.4 ORDERING PROCEDURES – JUST IN TIME

The State offices will order backtags directly from the manufacturer. The method to be employed is frequently referred to as “Just In Time” (JIT). Using this method little or no stock of backtags are maintained at the central warehouse. Production is initiated to fill an order at the time the order is placed with the contractor; the tags are produced and delivered in a rapid manner.

2.4.1 On‐line Ordering Capabilities

The contractor shall provide online ordering capability for as many as 65 users, at least 5 simultaneously, 20 hours a day 5 days a week, except for Federal holidays. The contractor shall check for pending orders by 9:00 am and 1:30 pm daily Monday through Friday.

2.4.2 Just In Time Delivery

The contractor shall be responsible for shipping backtags to as many as 1200 different markets across the United States within 48 hours after receipt of an order. Emergency orders must be shipped within 24 hours after receipt of an order using Next Business Day delivery depending upon instructions received at the time the order is placed. If an emergency order exceeds 5,000 tags the contractor can split the order by shipping the first 5,000 tags within 24 hours with the remaining amount to be shipped within 48 hours.

The number of emergency orders will vary from year to year. The contractor shall be responsible for all shipping costs incurred. If tags are recalled for any defects, the contractor is responsible to pick up tags and replace at their expense.

2.4.3 Sequence of Tags

The contractor shall be responsible for maintaining a tracking system to record the alpha and numerical sequence of tags designated for each state. The tracking system must record each order by sequence (beginning and ending), date ordered, date shipped, ship to addresses and requesting location if different from the ship to address. The contractor shall be responsible for tracking and allocating the next available alpha and numerical sequence to be printed and shipped to each market.

2.4.4 Ship‐to Addresses

Address file or organization codes will be a 6‐7 digit number, beginning with an alpha Z and five (5)or six (6) numeric digits, in most cases. This number and associated address will be provided by the Contracting Officer’s Representative (COR). New and updated addresses will be provided to the contractor from the COR. The contractor must have the capacity to maintain 3,000 individual address files.

2.4.5 Mistakes In Shipping

The contractor will arrange for call pick up tags shipped in error. Replacement/Correct tags will be shipped as an emergency for the Next Business day. The emergency production and transportation cost for tags shipped in error will be the contractor’s responsibility.

2.5 REPORTING REQUIREMENTS

2.5.1 Historical Data

Upon request, the contractor will provide a report of all activity on this contract concerning cattle backtag shipments. This data will include information for the NSN, quantity shipped, date shipped and shipping vendor.

2.5.2 Transaction Reports

The contractor shall be responsible for the transaction reports detailing shipments on a regular basis. The reports are to include the number of shipments processed, the NSN, the sequence (beginning and ending) of the tags manufactured and shipped, the date shipped, the ship to address and the requesting location if different from the ship to address. The reports are to be provided as follows:

NVS Logistics Chief Monthly USDA, State Office Monthly Contracting Officer Monthly COR Monthly

2.6 SHIPPING REQUIREMENTS

2.6.1 Packing Slip

Each shipment shall include a packing slip attached to the outside of one box and enclosed in a protective plastic pouch. The packing slip shall identify the contract number, delivery order number, item stock number, description and quantity shipped. See Section 2.6.2 below.

2.6.2 Packaging and Marking

DELIVERY TASK ORDER NO: 12639520F0001 (EXAMPLE FORMAT)

STOCK NUMBER: Z888‐4S‐0‐9‐74DK

QUANTITY: 10 M

DESCRIPTION: Cattle Backtags

2.7 QUALITY CONTROL

The contractor shall maintain a quality control program to ensure the quality and appropriateness of the ordering and manufacturing process. This will be randomly tested through the use of government supplied date and test scenarios. The test scenarios will test the ability of a user to access the system remotely to place an order, inquire as to the status of an order, and to retrieve other information related to past order placement in the system. Factors that will be evaluated include, but are not limited to, ease of use, look and feel of the interface and responsiveness of the system to user commands or queries. These test scenarios will be performed by government personnel. System failures or inadequacies will be documented and the contractor, at the government’s discretion, shall be provided a mutually agreeable amount of time to remedy these inadequacies. Additional evaluation factors include use of APHIS standard software (ex. ORACLE) and proposed hardware platforms (ex. Windows NT Intel based server, IBM RISC based technology (ex. RS6000 with AIX). The test scenarios will be performed by government personnel.

System failures or inadequacies will be documented and the contractor, at the government’s discretion, shall provide an automated system the contractor shall mitigate all legacy data to the new system. The contractor shall provide training and /or instructions for users to access the system.

Upon the Government’s receipt and communication to the contractor of any defective tags, Contractor will provide a corrective action plan to the Government for approval including, but not limited to, causation, remedies and corresponding timelines confirming the issue will be addressed and resolved.

Contractor shall also provide a QC contact upon award. Government requires thirty (30) days notice of any changes to QC contact along with new contact information.

3.0 SUBMISSION AND EVALUATION FACTORS

3.1 MINIMUM QUALIFICATION FACTORS

3.1.1 Evaluation Factors

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, will offer the best value to the Government, price and other factors considered.

EVALUATION FACTORS:

FACTOR 1: Price, Please complete the price schedule in Section 1.0 above. This is the minimum required for price. If there are instances where we will order larger sums of tags and bulk discount offerings will be given favorable consideration. The Government will evaluate offers for award purposes by adding the total price for all years of the contract.

FACTOR 2: Technical Capability The offeror’s technical capability will be evaluated by how well the proposed products meet the Government’s requirements, as well as their quality control plan and ability to ship and process orders through its proposed JIT system. The following technical criteria will be evaluated:

Based on the submission of 20 tag samples, composition and material makeup of the tags in regards to meeting the specifications as outlined in Section 2.3 above. This is rated on a pass/fail basis. If the offeror’s product fails any of the above criteria their offer will be considered ineligible for award purposes and no further testing or evaluation will be conducted. The offeror’s product must receive a passing score in each of the pass/fail technical criteria in order to be considered for award.

Tags will be evaluated for correct printing/marks, durability, retention, legibility, and utility in the field. Offerors may be given the opportunity to correct printing/stamping deficiencies if the back tag is otherwise acceptable and the offer is in the competitive range.

Quality Control Plan. Contractors shall include a quality control plan with their offer.

The plan shall explain the Contractor’s quality control system and clearly outline the contractor’s ability to meet contract specifications and contract delivery requirements.

The plan must also include the offerors’ ability to produce, ship orders and process orders in its JIT system.

FACTOR 3: Past Performance Past performance will measure the degree to which an offeror has satisfied customers in the past, their record of conforming to quality specifications, compliance with federal, state, and local laws and regulations, adherence to contract schedules, including the administrative aspects of performance, and their history performing similar contracts in terms of size, scope and complexity.

Past performance will be evaluated by CPARS reports, among other available information.

Past Performance and Technical Capability when combined are approximately equal to Price.

3.1.2 Items Required to be Submitted for Award

The following items are required to be submitted in order to be eligible for award:

As a minimum, offerors must submit the following to the Contracting Officer to be considered responsive (See Section 52.212‐1):

1. Confirmation of an active SAM.gov profile.

2. The completed form 1449‐Solicitation Contract Order for Commercial Items

3. Completed Price schedule – Section 1.0

4. Quality Control Plan. Offerors shall include a quality control plan with their offer. The plan shall explain the offeror’s quality control system and how they plan to consistently adhere to contract specifications and contract delivery requirements.

5. A certified statement that the tags submitted for consideration meet the specifications outlined in Section 2.3

6. Must send twenty back tag samples with sample bar codes along with supporting data addressing the durability and legibility of the identification numbers and retention rates of the tags in cattle to:

USDA, APHIS, VS FiOPS, LC

3500 E 149th St, Ste 300

Kansas City MO 64147

POC: Melody Allison

If an offeror’s proposal package does not contain all of the items listed above, the quote may be considered unacceptable for evaluation purposes and no further consideration will be given to the offeror’s quote, thereby making an offeror ineligible for award.

3.2 QUOTE DUE DATE, TIME AND FORMAT

Quotes are due via email or mail no later than 12:00 PM CST on January 31, 2020. It is the contractor’s responsibility to ensure proposals are received on time. If submitting via email please note that file size limitations, formatting, or other problems may hamper receipt so please verify that the contracting officer has received your quote via email at Leah.h.schultz@usda.gov.

4.0 CONTRACT ADMINISTRATION

4.1 DELIVERY ORDERS

Delivery orders will be issued against this contract on a firm fixed price basis at the quoted price. Funding will be provided on an as needed basis and issued in a bulk amount of funding on a delivery order. Per Section 2.4.1, users will schedule orders via an online portal. The Contracting Officer will issue bulk funded Delivery Orders for specific quantities of tags to be delivered when ordred are received via the online portal. Delivery Orders may be issued authorizing the COR to place orders by specific delivery dates, delivery locations and quantities.

Orders may be placed by a warranted contracting officer via email.

4.2 INVOICING INFORMATION

The contractor shall submit summary invoices bi‐weekly or monthly via www.ipp.gov. Additionally, supporting documentation (per Section 2.5.2 and 2.5.3) will be submitted to the COR. The COR must obtain approval for payment for all invoices by the NVS Logistics Chief.

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.

4.4 POINTS OF CONTACT

For questions regarding general contract administration, please contact Leah Schultz, Contracting Officer, at

612‐336‐3625 or Leah.h.schultz@usda.gov.

Technical Point of Contact information will be provided at the time of award.

4.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer (CO) has designated a COR. Specific COR’s for each delivery order will be identified when the delivery order is awarded.

The COR is responsible for monitoring the performance of work under this contract and is the local Government contact. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract be effective or binding upon the Government unless advance authorization is received from the Contracting Officer, and proper contractual documents executed by the Contracting Officer prior to performing the work.

The COR shall inform the contracting officer as soon as possible of any understandings, tentative agreements, recommended modifications, and actions or inactions of the Contractor or the Government which could affect the Contractor’s ability to comply with the contract performance requirements or completion times.

Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor shall so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately.

PROCEEDING WITH WORK WITHOUT PROPER CONTRACTUAL COVERAGE AND APPROVAL OF THE CO COULD

RESULT IN A BREACH OF CONTRACT AND NONPAYMENT.

The designation (delegation of authority) is 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.

The following contacts are the only persons authorized to interact with the contractor on this contract:

1. Contracting Specialist – For contract related issues:

Leah Schultz, Contracting Specialist – (612) 336‐3625 Leah.h.schultz@usda.gov

5.0 Clauses

5.1 Incorporated by Reference

52.212‐4 Contract Terms and Conditions—Commercial Items. (Dec 2014)

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

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/vffara.htm

5.2 Incorporated by Full Text

52.212‐5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders‐ Commercial Items. (Oct 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) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(4) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233‐3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233‐4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108‐77 and 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).

_X (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 (June 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 Set‐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.

__ (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 (Oct 2019) (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)).

__ (25) 52.222‐3, Convict Labor (June 2003) (E.O.11755).

_X (26) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (Oct 2019) (E.O.13126).

_X (27) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

_X (28) (i) 52.222‐26, Equal Opportunity (Sept 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.

__ (31) 52.222‐37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X (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). (Executive Order 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) (i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

__ (ii) Alternate I (May 2008) of 52.223‐9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

__ (36) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (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 Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223‐14.

__ (40) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (Dec 2007) (42 U.S.C.

8259b).

__ (41) (i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223‐16.

_X (42) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

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

__ (44) 52.223‐21, Foams (Jun 2016) (E.O. 13693).

__ (45) (i) 52.224‐3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (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 (Oct 2019) (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).

_X (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).

__ (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 (Oct 2015) (41 U.S.C. 3509).

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

(iii) 52.204‐23, 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) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(v) 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.

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

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

(viii) 52.222‐26, Equal Opportunity (Sept 2015) (E.O.11246).

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

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

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

(xii) 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.

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

(xiv)

(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 and E.O 13627).

(xv) 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).

(xvi) 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).

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

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

(xix) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx)

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

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

(xxi) 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).

(xxii) 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.

(xxiii) 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 five years.

(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 (i.e., email) only if authorized in the Schedule.

52.216‐19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $15,000, 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 in excess of $150,000; or

(2) Any order for a combination of items in excess of $150,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) Notwithstanding the order maximum of $150,000 (paragraph (b)(2) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b)(1), unless that order (or orders) is returned to the ordering office within 10 business days after issuance, with written notice stating the Contractor’s inability to perform and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from other sources.

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 5 years from the date the contract is awarded.

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 $15,000, but not in excess of $7,000,000.

6.0 Provisions

52.252‐1 ‐ Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

http://www.acquisition.gov/far/

NUMBER TITLE DATE

52.204‐16 Commercial and Government Entity Code Reporting Jul 2016 52.204‐17 Ownership or Control of Offeror Jul 2016 52.204‐7 System for Award Management Oct 2018 52.212‐1 Instructions to Offerors – Commercial Items Oct 2018

52.204‐20 Predecessor of Offeror (Jul 2016)

(a) Definitions. As used in this provision– “Commercial and Government Entity (CAGE) code” means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror…