Instructions-SOW Grinder revised.docx

Revised Instructions to Quoters

1. Submit quotes to Linda W. Washington via EMIAL ONLY linda.w.washington@usda.gov by December 6, 2021 at 12pm Eastern Standard time. Late quotes will not be accepted.

A COMPLETE QUOTE SHALL INCLUDE THE FOLLOWING INFORMATION:

a. Sign and fill in contractor’s information on SF1449 Solicitation Form (page 1). Please be sure to include contractor’s DUNS and CAGE number.

b. Pricing Schedule (page 6-7). Alternative Pricing Schedules will not be considered. Quotes must include a price for all line items.

c. Technical Capability - Statement showing that the contractor can meet all requirement in the statement of work, including relevant past performance.

d. Fill out 52.204-24 (d) representation highlighted portion

2. This solicitation is being prepared in accordance with FAR part 13 Simplified Acquisition Procedures. Quotations will be evaluated in accordance with 52.212-2 Evaluation – Commercial Items

3. Submit all questions in writing to Linda W. Washington at linda.w.washington@usda.gov. Questions should be submitted two days prior to the response deadline to ensure adequate time is available to respond and to amend the solicitation if necessary.

4. Quoters must be fully registered in the System for Award Management (www.sam.gov) including current online representations and certifications, no later than the solicitation response date/time.

STATEMENT OF WORK

Transportable Horizontal Grinder Unit

TITLE OF CONTRACT

Transportable Horizontal Grinder Unit Purchase and Delivery

BACKGROUND

The NVS seeks to establish a contract to purchase FP66 horizontal grinder units for use during animal health emergencies or other situations where depopulation must be accomplished for humane reasons. The equipment will be used to grind, stabilize, and reduce volume of materials prior to composting or another disposal method.

· 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 deploys equipment, materials, supplies and services to respond to animal health emergencies and to assist states with their responses.

Due to the slaughter plants’ workers becoming sick due to COVID-19, slaughter plants have had to close or remain partially open. This has caused a severe backup in the swine slaughter plants. Large numbers of livestock may need to be depopulated/euthanized leading states to request large horizontal grinder to be used to support their disposal operations.

TYPE OF CONTRACT

The USDA, APHIS intends to award a firm-fixed price (FFP) indefinite delivery indefinite quantity (IDIQ) supply contract for the purchase of FP66 Horizontal Grinders.

CONTRACT OBJECTIVE

The NVS seeks a contract to purchase a horizontal grinder unit for use during animal health emergencies or other situations where depopulation must be accomplished for humane reasons. The equipment will be used to grind, stabilize, and reduce volume of materials prior to composting or another disposal method.

GENERAL EQUIPMENT SPECIFICATIONS

· Delivery of fully functional equipment should be within 100 days of contract award.

· The units will be constructed such that they are portable. Portable by this standard is intended to mean the unit is transportable from one site to another by any conventional means. The locations where the technology may be used can range from farms on highways to locations on small country dirt roads which will be suitably stabilized to support the unit’s weight.

· The unit shall contain all subsystems required to operate the unit.

· The unit shall be able to withstand complete, stringent cleaning, decontamination and disinfection.

· The unit shall have the capacity to grind animal carcasses including dairy cattle. Preference will be given to system designs that can operate on locations where there may be one to tens of thousands of animals of various ages and sizes ranging in size and age from neonate to large adult.

· The unit shall operate in a safe and efficient manner.

· The horizontal grinder unit shall meet the following specifications:

· 700-800 HP engine

· In-Feed Conveyor to be equipped with a self-monitoring feed system and/or needs to be adjustable to a minimum speed of 10 feet per minute.

· Discharge Conveyor needs to be adjustable from 5 to 30 feet per second (a wider range is acceptable). The preferred speed is 7-9 feet per second.

· Feed Roller should have adjustable down pressure and/or float on top of material being fed to minimize material from being thrown backwards and to minimize material being dragged into the hammers.

· Screens must wrap at least 190 degrees around the rotor.

· The unit must be capable of reducing processed material to no greater than 3 inches in any dimension.

· The unit should be designed to minimize the time required to change screen size and must be capable of changing screens in the field

· A shield for the discharge conveyor that can be attached if needed

· Devices for catching/diverting metal at the end of the exit conveyor will be removed prior to use.

· Must have the appropriate screen sizes for a variety of outputs, including particles no greater than 3 inches in any dimension.

· System must be easily operated by inexperience personnel. All equipment must have sufficient directions (placards) provided so that an inexperienced person can walk through the set-up, operation, trouble shooting, and stopping of the equipment.

· The unit must have an impact release system for safety measures.

· The unit must be capable of withstanding temperatures of 120 degrees for cleaning disinfecting

· Contractor shall provide:

· a service and maintenance plan to ensure the equipment is readily available and 100% operational at all times

· ongoing routine maintenance of the unit in accordance with the equipment manufacturer’s operations and maintenance manual.

Operational/Acceptance Test

The vendor shall conduct an operational acceptance test upon delivery of the unit to the storage location. The characteristics/requirements must meet are specified in this SOW.

NEW EQUIPMENT TRAINING

Upon delivery of the unit, provide one on-site training event that consists of: inspection, scheduled maintenance, set-up, operation, assembly, disassembly, maintenance, storage, transportation, and cleaning information and demonstrations. The one-day training event will be coordinated between the contractor and the COR.

Provide an agenda prior to conducting training. The specific location and number of trainees will be determined prior to the training event.

Provide training aids, common and special tools, and technical literature to each student.

TRAINING SUPPORT PACKAGE (TSP)

Provide a copy of the training support package that consists of the one-time new equipment training outline, presentation, and assessment.

Collaborate with the NVS on the need to develop any additional training products such as a leave-behind training support package or training link, manual, and/or thumb drive. The leave behind package should contain sufficient material to sustain operator proficiency.

Appoint a Training Manager who shall be the single point of contact (POC) for training. Ensure instructor(s) are:

· Able to read, write, speak, and comprehend the English language including technical language and terms associated with systems operation.

· Proficient in both the technical and non-technical aspects of the systems and in methods-of-instruction techniques.

· Proficient with all aspects of the systems operation and maintenance.

· Maintain appropriate staffing during the training session to ensure adequate supervision of student performance during classroom instruction, discussions, demonstrations and practical exercises.

· Provide the NVS a training roster of those in attendance.

RAPID RESPONSE TECHNICAL SUPPORT

Be able to provide remote technical assistance and support to deployed location in support of contingencies. Be capable of supporting major regional emergencies or operations in the Continental United States (CONUS)/Outside the Continental United States (OCONUS).

Provide 24/7 technical assistance and support point of contact names (primary/alternate), phone numbers, email address, and locations for duty hours, as well as non-duty/after hours.

Perform inspection and testing, on a scheduled basis as required by equipment operations and maintenance manual.

WARRANTY

Provide one-year replacement at no cost to the Government on parts and units.

Assist in processing discrepancy reports, maintenance requests, warranty forms, quality deficiency reports, and equipment improvement recommendations.

TECHICAL MANUALS

Provide manual and/or technical drawings to diagnose, trouble shoot, address electronic error codes, fix, and restore systems on-site as well as deployed.

Provide a copy of all documentation regarding inspection, scheduled maintenance, assembly, disassembly, operation, transportation, storage, and cleaning at time of initial delivery.

REPAIR PARTS AND SPECIAL TOOLS (RPSTL)

Identify and provide any special support equipment / Special Test Equipment (SE / STE).

Provide contingency operations repair parts list designed to support field level (on-site) maintenance during a deployment.

Provide updates to the list with engineering changes and safety issues as applicable. The range and quantity of spare parts contained within this list shall be based on historical demands and customer specific knowledge of individual system.

Provide and conduct periodic reviews of this list to ensure the correct “mix” of spare parts is available to support the system and/or deployment scenario.

Deliver spare parts and special tools at time of initial unit delivery. Additional spare parts should be commercially available.

OPERATOR/ SERVICE MANUAL

Should address, but not limited to the following:

1. Description and data

2. Operating instructions

3. Power connections:

· Equipment reconnections

4. Controls and Instruments

5. Operating Procedures

· Starting of Unit

· Operation of Unit

· Stopping the Unit

· Emergency Stopping

6. Safety Instructions

7. Operation under Unusual Conditions

8. Operator Maintenance Procedures

9. Consumable Operating and Maintenance Supplies

· Consumable Supplies

10. Lubrication

· Lubrication order

· Lubrication Instructions

11. Repair Parts: Special Tools; Special Test, Measurement and Diagnostic Equipment and Special Support Equipment

· Special Tools and Equipment

· Maintenance and repair parts

12. Preventative Maintenance Schedule (Checks and Services)

· Cleaning

· Transporting

· Disinfection

13. Troubleshooting

· Troubleshooting Table – fault isolation

· 24/7 support contact information

· Wiring diagrams and schematics

· Maintenance of System

14. Maintenance of the Power Generation System

· Provide an Operation, Service, and Parts Manual for the Power Generator.

· The Power generator shall meet all requirements for use in North America.

· Perform inspection and, or scheduled maintenance on a semi-annual or annual basis, as requested.

DELIVERY

The equipment will be delivered the address listed below. The equipment shall be fully offloaded from the awarded vendors transport vehicle upon delivery to the storage location.

The delivery location will be provided at time of award

RESPONSIBILITIES

The CO/COR or their designated representative may require the Industry Partner’s program or project manager to meet with the USDA officials, and other government personnel as necessary. The Industry Partner may request a meeting with the CO/COR or their designated representative whenever the Industry Partner’s technical or administrative personnel believe such a meeting is necessary.

The COR will accept, reject, or require corrections of deliverables:

In the event of rejection of deliverables, the COR will notify the contractor in writing within 5 days, the specific reason why the deliverable(s) is being rejected.

If for any reason a deliverable cannot be delivered within the scheduled period, the contractor will notify the contracting officer and COR in writing or by email, within 5 days detailing the cause of the delay and the proposed revised schedule. This notice will include the impact on the overall project. The contracting officer or COR will decide about the impact of the delay.

Provide discrepancy report for each delivery and provide a list of all items not provided at initial hand-off and still required; serial numbers of major components not provided; any lessons learned and recommendations.

Assist with property book transactions required to establish the initial accountability for each system delivered.

GOVERNMENT CONTACTS:

LISA A. BROWN | LOGISTICS CHIEF

APHIS Veterinary Services

NATIONAL VETERINARY STOCKPILE

Field Operations (FiOps), Logistics Center (LC) 4700 River Road, 5B-03-b| Riverdale, MD 20737

(O) 301-851-3553 (C) 301-789-3159 Email: lisa.a.brown@usda.gov

YVETTA NORTHCUTT |LOGISTICS MANAGEMENT SPECIALIST

APHIS Veterinary Services Field Operations (FiOps), Logistics Center (LC) 4700 River Road, 5B-02.6| Riverdale, MD 20737

(O) 301-851-3581 (C) 202-597-0047 Email: Yvetta.Northcutt@usda.gov

Contracting Technical Officer Representative

ROBERT MIKNIS

APHIS Veterinary Services S&P, Office of Interagency Coordination 2150 Centre Ave, Bldg. B, Fort Collins, CO 80526

(O) 970-494-7471 (C) 970-617-8555 Email: Robert.A.Miknis@USDA.Gov F. Price Schedule

Pricing shall include shipping costs of the units FOB Destination which will be release at the time of award. Delivery location or other locations within the U.S. upon request.

The quantities listed below are estimates only. The government may order more or less annually. The guaranteed minimum and contract maximum can be found in clause 452.216-73 Minimum and Maximum Contract Amounts.

FP66 Horizontal Grinder

FP66 Horizontal Grinder

FP66 Horizontal Grinder

FP66 Horizontal Grinder

FP66 Horizontal Grinder

G. Contract Clauses and Provisions 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

52.204-13, System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.212-4 Contract Terms and Conditions -- Commercial Items (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021)

(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 2020) (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.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), 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 (Jun 2020) (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 (Jun 2020) (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. (Jun 2020) (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 (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) 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)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

_X_ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (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 (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

_X_ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).

__ (36) 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.)

__ (37) (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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (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.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (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_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (48) 52.225-1, Buy American-Supplies (Jan 2021) (41 U.S.C. chapter 83).

_X_ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 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.

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

_X_ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (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) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 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).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 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).

__ (6) 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).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 (Jun 2020) (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 2020) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (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 (Oct 2020) (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).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (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 (Nov 2020).

(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 (Jun 2020) (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. (Aug 2020)

(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 award date through 02/28/2026.

(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) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(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 traps, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of 5,000 traps

(2) Any order for a combination of items in excess of 200,000 traps; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (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 10 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 02/28/2026.

(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 $1800,000 worth of Grinder units, but not in excess of $5,000,000.