Solicitation 12639525Q0061 SF 1449 and Continuation Sheet Amendment PA02.pdf
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- Solicitation number
- 12639525Q0061
About this file
This is a Request for Proposal (RFP) for wire ties to be used by the USDA Agricultural Marketing Service (AMS) Cotton and Tobacco Program. The solicitation (12639525Q0061) is for a single-award, firm fixed-price, indefinite-delivery, indefinite-quantity (IDIQ) contract for wire ties across multiple cotton classing offices, with a five-year performance period from May 2025 to April 2030. The contract will cover two types of wire ties: 10 gauge 10' and 10 gauge 10' 3" ties, with initial minimum guaranteed quantities of 2,225 and 5,750 round ties respectively, distributed across nine cotton classing offices in locations including Corpus Christi, TX, Rayville, LA, Lubbock, TX, and Macon, GA.
The solicitation requires vendors to submit technical samples, past performance references, and price quotations. Evaluation factors include technical qualification (verification of sample specifications), experience and past performance, and price, with technical and past performance being significantly more important than cost. Vendors must be registered in the System for Award Management (SAM) as a small business under NAICS code 332618 with a size standard of 500 employees. The government anticipates awarding the contract on or about March 31, 2025, with sample submissions due by March 12, 2025. The contract will have five one-year ordering periods, with specific quantities and shipping details to be determined in each subsequent order.
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
APHIS-MN-126395
MINNEAPOLIS MN 55401
SUITE410
250 MARQUETTE AVE
USDA APHIS
CODE 16. ADMINISTERED BYCODE
X
X
X
332618
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
04/09/2025 1700 ET
02/18/2025
479-301-8811MATTHEW PHILLIPS
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
12639525Q0061
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 57 1143050OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
Multiple Destinations
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 FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
USDA APHIS
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
SEE STANDARD FORM (SF) 1449 CONTINUATION FOR
PHOTOGRAPHIC EXAMPLES, THE SPECIFICATIONS (PART
1), INDEFINITE QUANTITY PROVISIONS (PART 2),
CLAUSES (PART 3), AND PROVISIONS (PART 4).
Delivery: 06/01/2025 Period of Performance: 05/01/2025 to 04/30/2030
CONTRACT LINE ITEMS 0001 THROUGH 0009 CONSTITUTE
THE MINIMUM GAURANTEE UNDER THIS FIRM
FIXED-PRICE, INDEFINITE-DELIVERY,
INDEFINITE-QUANTITY (IDIQ) CONTRACT. SUPPLIES
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
LEAH H. SCHULTZ
. 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 (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
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: REFERENCE
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. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
WILL BE ORDERED AT THE QUANTITIES SPECIFIED AT
THE AWARDED UNIT PRICES AT THE TIME OF IDIQ
CONTRACT AWARD. UNIT PRICES FOR ITEMS QUOTED
WITHIN LINE ITEMS 0001 THROUGH 0009 MUST BE
INCLUSIVE OF ALL SHIPPING COSTS APPLICABLE FOR
EACH COTTON CLASSING OFFICE SPECIFIED FOR EACH
LINE ITEM.
0001 Minimum Guarantee: 10 Gauge 10' Wire Bale Ties - 1000 RO
CORPUS CHRISTI CLASSING OFFICE (3545 Twin River
Boulevard, Corpus Christi, TX 78410-1609)
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Delivery Location Code: AMS-CN-GB-CC-7DJ8
CORPUS CHRISTI CLASSING OFFICE
3545 TWIN RIVER BOULEVARD
CORPUS CHRISTI TX 78410-1609 US
0002 Minimum Guarantee: 10 Gauge 10' Wire Bale Ties - 1225 RO
RAYVILLE CLASSING OFFICE (161 Industrial Loop, Rayville, LA 71269-7347)
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Delivery Location Code: AMS-CN-GB-RA-7K08
AMS, COTTON & TOBACCO
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
57 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 57
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
12639525Q0061
161 INDUSTRIAL LOOP
RAYVILLE LA 71269-7347 US
0003 Minimum Guarantee: 10 Gauge 10' 3" Wire Bale Ties RO
- ABILENE CLASSING OFFICE (24 Windmill Circle, Abilene, TX 79606-5233)
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Delivery Location Code: AMS-CN-GB-AB-7DH7
ABILENE CLASSING OFFICE
24 WINDMILL CIRCLE
ABILENE TX 79606-5233 US
0004 Minimum Guarantee: 10 Gauge 10' 3" Wire Bale Ties 600 RO
- FLORENCE CLASSING OFFICE (1725 Otis Way, Florence, SC 29501-1118)
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Delivery Location Code: AMS-CN-GB-FL-4636
USDA AMS COTTON MKTG SVC
1725 OTIS WAY
FLORENCE SC 29501-1101 US
0005 Minimum Guarantee: 10 Gauge 10' 3" Wire Bale Ties RO
- LAMESA CLASSING OFFICE (906 N. Elgin Street.
Lamesa, TX 79331-0198)
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Delivery Location Code: AMS-CN-GB-LA-7DL3
LAMESA CLASSING OFFICE
906 N ELGIN STREET
LAMESA TX 79331-0198 US
0006 Minimum Guarantee: 10 Gauge 10' 3" Wire Bale Ties 2000 RO
- LUBBOCK CLASSING OFFICE (120 Texas Tech
Parkway, Lubbock, TX 79409-4108)
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Delivery Location Code: AMS-CN-GB-LU-7DL4
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
4 57
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
12639525Q0061
LUBBOCK CLASSING OFFICE
120 TEXAS TECH PKWY
LUBBOCK TX 79409 US
0007 Minimum Guarantee: 10 Gauge 10' 3" Wire Bale Ties 2500 RO
- MACON CLASSING OFFICE (1100 Parkway Drive, Macon, GA 31220-8311)
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Delivery Location Code: AMS-CN-GB-MA-4362
MACON CLASSING OFFICE
1100 PARKWAY DRIVE
MACON GA 31220- US
0008 Minimum Guarantee: 10 Gauge 10' 3" Wire Bale Ties RO
- MEMPHIS CLASSING OFFICE (3275 Appling Road, Room 6, Memphis, TN 38133-2701)
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Delivery Location Code: AMS-CN-GB-ME-4754
MEMPHIS CLASSING OFFICE
3275 APPLING ROAD, ROOM 6
MEMPHIS TN 38133-2701 US
0009 Minimum Guarantee: 10 Gauge 10' 3" Wire Bale Ties 650 RO
- VISALIA CLASSING OFFICE (7100 W. Sunnyview
Avenue, Visalia, CA 93291-9639)
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Delivery Location Code: AMS-CN-GB-VI-91K2
VISALIA CLASSING OFFICE
7100 W SUNNYVIEW AVENUE
VISALIA CA 93291- US
CONTRACT LINE ITEMS 1001 THROUGH 5003 RELATE TO
THE FIVE (5) ONE-YEAR ORDERING PERIODS (ORDERING
PERIODS 1 THROUGH 5) ESTABLISHED UNDER THIS
INDEFINITE-DELIVERY, INDEFINITE-QUANTITY (IDIQ)
CONTRACT:
LINE ITEMS 1001, 1002 & 1003 ARE FOR SUPPLIES
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
5 57
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
12639525Q0061
THAT MAY BE ORDERED DURING ORDERING PERIOD 1
(05/01/2025 - 04/30/2026)
LINE ITEMS 2001, 2002 & 2003 ARE FOR SUPPLIES
THAT MAY BE ORDERED DURING ORDERING PERIOD 2
(05/01/2026 - 04/30/2027)
LINE ITEMS 3001, 3002 & 3003 ARE FOR SUPPLIES
THAT MAY BE ORDERED DURING ORDERING PERIOD 3
(05/01/2027 - 04/30/2028)
LINE ITEMS 4001, 4002 & 4003 ARE FOR SUPPLIES
THAT MAY BE ORDERED DURING ORDERING PERIOD 4
(05/01/2028 - 04/30/2029)
LINE ITEMS 5001, 5002 & 5003 ARE FOR SUPPLIES
THAT MAY BE ORDERED DURING ORDERING PERIOD 5
(05/01/2029 - 04/30/2030).
QUANTITIES AND USDA, AMS, COTTON CLASSING OFFICES
FOR SUPPLIES TO BE DELIVERED TO WILL BE SPECIFIED
WITHIN EACH INDIVIDUAL DELIVERY ORDER WHEN AND IF
ORDERED. ADDITIONALLY, SHIPPING WILL BE
IDENTIFIED WITHIN A SEPARATE LINE ITEM FOR EACH
ORDERING PERIOD AND THE PRICE FOR SHIPPING WILL
BE BASED UPON THE QUANTITIES ORDERED FOR EACH
COTTON CLASSING OFFICE DESTINATION AND IDENTIFIED
WITHIN EACH INDIVIDUAL DELIVERY ORDER.
1001 Ordering Period 1: 10 Gauge 10' Wire Bale Ties RO
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Period of Performance: 05/01/2025 to 04/30/2026
1002 Ordering Period 1: 10 Gauge 10' 3" Wire Bale Ties RO
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Period of Performance: 05/01/2025 to 04/30/2026
1003 Ordering Period 1: Shipping (To Be Determined at 1 EA the Order Level)
(Not Separately Priced)
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Period of Performance: 05/01/2025 to 04/30/2026
2001 Ordering Period 2: 10 Gauge 10' Wire Bale Ties RO
Product/Service Code: 9545
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
6 57
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
12639525Q0061
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Period of Performance: 05/01/2026 to 04/30/2027
2002 Ordering Period 2: 10 Gauge 10' 3" Wire Bale Ties RO
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Period of Performance: 05/01/2026 to 04/30/2027
2003 Ordering Period 2: Shipping (To Be Determined at 1 EA the Order Level)
(Not Separately Priced)
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Period of Performance: 05/01/2026 to 04/30/2027
3001 Ordering Period 3: 10 Gauge 10' Wire Bale Ties RO
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Period of Performance: 05/01/2027 to 04/30/2028
3002 Ordering Period 3: 10 Gauge 10' 3" Wire Bale Ties RO
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Period of Performance: 05/01/2027 to 04/30/2028
3003 Ordering Period 3: Shipping (To Be Determined at 1 EA the Order Level)
(Not Separately Priced)
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Period of Performance: 05/01/2027 to 04/30/2028
4001 Ordering Period 4: 10 Gauge 10' Wire Bale Ties RO
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Period of Performance: 05/01/2028 to 04/30/2029
4002 Ordering Period 4: 10 Gauge 10' 3" Wire Bale Ties RO
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
7 57
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
12639525Q0061
FOIL, AND WIRE: PRECIOUS METAL
Period of Performance: 05/01/2028 to 04/30/2029
4003 Ordering Period 4: Shipping (To Be Determined at 1 EA the Order Level)
(Not Separately Priced)
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Period of Performance: 05/01/2028 to 04/30/2029
5001 Ordering Period 5: 10 Gauge 10' Wire Bale Ties RO
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Period of Performance: 05/01/2029 to 04/30/2030
5002 Ordering Period 5: 10 Gauge 10' 3" Wire Bale Ties RO
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Period of Performance: 05/01/2029 to 04/30/2030
5003 Ordering Period 5: Shipping (To Be Determined at 1 EA the Order Level)
(Not Separately Priced)
Product/Service Code: 9545
Product/Service Description: PLATE, SHEET, STRIP, FOIL, AND WIRE: PRECIOUS METAL
Period of Performance: 05/01/2029 to 04/30/2030
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Standard Form (SF) 1449 Continuation
Example of Wire Ties (Photo 1 of 1):
PART 1 – SPECIFICATIONS:
1.0. Locations and Quantities
The quantities identified below (line items (CLINs) 0001 through 0009 are for the initial purchase of supplies at the time of award only and constitute the minimum guarantee under this firm fixed-price, Indefinite-Delivery, Indefinite- Quantity (IDIQ) contract. All items ordered under the minimum guarantee must be delivered to the applicable USDA Cotton Classing Office no later than thirty (30) days after award. This Contract requires two (2) different lengths of wire, both are 10 gauge:
Quantities may change for orders issued after the time of award.
Minimum Guarantee (Obligated to Order at Time of Award)
Wire Bale Ties – 10 Gauge 10’
CLIN: Location: Quantity
0001 Corpus Christi Classing Office 1,000 Round 3545 Twin River Boulevard Corpus Christi, TX 78410-1609
0002 Rayville Classing Office 1,225 Round 161 Industrial Loop Rayville, LA 71269-7347
TOTAL: 2,225 Round
Wire Bale Ties – 10 Gauge 10’ 3”
0003 Abilene Classing Office 0 Round 24 Windmill Circle Abilene, TX 79606-5233
0004 Florence Classing Office 600 Round 1725 Otis Way Florence, SC 29501
0005 Lamesa Classing Office 0 Round 906 N. Elgin Street Lamesa, TX 79331-0198
0006 Lubbock Classing Office 2,000 Round
120 Texas Tech Pkwy Lubbock, TX 79409
0007 Macon Classing Office 2,500 Round 1100 Parkway Drive Macon, GA 31220
0008 Memphis Classing Office 0 Round 3275 Appling Road, Room 6 Memphis, TN 38133-2701
0009 Visalia Classing Office 650 Round 7100 W. Sunnyview Avenue Visalia, CA 93291
TOTAL: 5,750 Round
NOTE: CONTRACT LINE ITEMS 1001 THROUGH 5003 RELATE TO THE FIVE
(5) ONE-YEAR ORDERING PERIODS (ORDERING PERIODS 1 THROUGH 5)
ESTABLISHED UNDER THIS INDEFINITE-DELIVERY, INDEFINITE-QUANTITY
(IDIQ) CONTRACT. QUANTITIES AND USDA, AMS, COTTON CLASSING
OFFICES FOR SUPPLIES TO BE DELIVERED TO WILL BE SPECIFIED WITHIN
EACH INDIVIDUAL DELIVERY ORDER WHEN AND IF ORDERED.
ADDITIONALLY, SHIPPING WILL BE IDENTIFIED WITHIN A SEPARATE LINE
ITEM FOR EACH ORDERING PERIOD AND THE PRICE FOR SHIPPING WILL
BE BASED UPON THE QUANTITIES ORDERED FOR EACH COTTON
CLASSING OFFICE DESTINATION AND IDENTIFIED WITHIN EACH
INDIVIDUAL DELIVERY ORDER.
Ordering Period 1 (05/01/2025 through 04/30/2026)
1001 Ordering Period 1: 10 Gauge 10’ Wire Bale Ties To Be Determined
ALL USDA, AMS, COTTON CLASSING OFFICES
1002 Ordering Period 1: 10 Gauge 10’ 3” Wire Bale Ties To Be Determined
ALL USDA, AMS, COTTON CLASSING OFFICES
1003 Ordering Period 1: Shipping To Be Determined
ALL USDA, AMS, COTTON CLASSING OFFICES
Ordering Period 2 (05/01/2026 through 04/30/2027)
2001 Ordering Period 2: 10 Gauge 10’ Wire Bale Ties To Be Determined
2002 Ordering Period 2: 10 Gauge 10’ 3” Wire Bale Ties To Be Determined
ALL USDA, AMS, COTTON CLASSING OFFICES
2003 Ordering Period 2: Shipping To Be Determined
Ordering Period 3 (05/01/2027 through 04/30/2028)
3001 Ordering Period 3: 10 Gauge 10’ Wire Bale Ties To Be Determined
ALL USDA, AMS, COTTON CLASSING OFFICES
3002 Ordering Period 3: 10 Gauge 10’ 3” Wire Bale Ties To Be Determined
ALL USDA, AMS, COTTON CLASSING OFFICES
3003 Ordering Period 3: Shipping To Be Determined
Ordering Period 4 (05/01/2028 through 04/30/2029)
4001 Ordering Period 4: 10 Gauge 10’ Wire Bale Ties To Be Determined
ALL USDA, AMS, COTTON CLASSING OFFICES
4002 Ordering Period 4: 10 Gauge 10’ 3” Wire Bale Ties To Be Determined
ALL USDA, AMS, COTTON CLASSING OFFICES
4003 Ordering Period 4: Shipping To Be Determined
Ordering Period 5 (05/01/2029 through 04/30/2030)
5001 Ordering Period 4: 10 Gauge 10’ Wire Bale Ties To Be Determined
ALL USDA, AMS, COTTON CLASSING OFFICES
5002 Ordering Period 4: 10 Gauge 10’ 3” Wire Bale Ties To Be Determined
5003 Ordering Period 4: Shipping To Be Determined
The specifications can reference the following web page from the National Cotton Council http://www.cotton.org/tech/bale/specs/ties.cfm
1.2. The following two (2) paragraphs on Wire Ties and Fabricated, Interlocking Wire applies to USDA’s flat bales:
Wire Ties: Ties must be manufactured from wire, which conforms to ASTM A 510.
Manufacturers shall follow a regular procedure of testing and inspection. Break tests shall be tested within a range from one-fourth inch to 5 inches per minute of elongation. Torsion testing must be performed according to sections 1.2.2.2.2.2,
1.2.2.2.2.3.2 and 1.2.2.2.5.1.4. Each bundle of wire shall bear a certification that the wire ties have been manufactured according to the specifications for Bale Packaging Materials as published by the JCIBPC. The certification shall also show the name and address of the wire tie manufacturer and contain a quality control code that will permit the ties to be identified to the 2,000-pound lot and/or wire carrier. Wire ties shall be fabricated within a NAFTA country.
Fabricated, Interlocking Wire: Ties shall not be smaller than 10-gauge or equivalent cross-sectional area in the portion of the wire in which the connections are formed. Ties must have a minimum breaking strength of 1,850 pounds including the connection. For gin length wires manufactured with a reduced cross-sectional area (commonly referred to as wasted wire), the wire must be tested by the fabricator to assure reusability by formation of new connections in that length of the wire having the reduced area. Furthermore, strength requirements must meet those set for original specification of 1,850 pounds including the connection. Connections for testing reusability shall be formed on equipment predominantly used by the cotton industry for reclaiming gin wires for reuse on compress bales.
PART 2 – INDEFINITE QUANTITY PROVISIONS:
2.0. Ordering Procedures
USDA may order supplies within the general scope of the Contract at its discretion at any time throughout the five-year contract period. Upon the USDA’s request and within five (5) business days, unless an extension is granted by USDA, the Contractor must provide a quotation that includes the requested quantities of bale bags for each specified USDA, AMS, Cotton & Tobacco Program Cotton Classing Office at the established unit price within the contract for each location, in accordance with the applicable Ordering Period at the time that USDA requests the quotation.
Each quotation must also include shipping costs that are equivalent to the cost to the Contractor for all items quoted for each Cotton Classing Office and must not include any additional mark-up. At their discretion, the Contracting Officer may require the Contractor to furnish receipts to support shipping costs quoted.
After USDA receives the quotation, if the USDA elects to purchase the items, for orders greater than $10,000.00, the purchase will be made via issuance of a delivery order by a USDA Contracting Officer against the base IDIQ contract. For quotations priced at $10,000.00 or less, USDA may issue a delivery order, or the order may be placed by a USDA, AMS, Cotton & Tobacco Program employee and paid via Government Purchase Card (GPC) (credit card). The Contractor must have and maintain the ability to accept major credit cards.
All delivery orders issued under this contract will contain a delivery date of thirty (30) calendar days after the effective date (date signed by the Contracting Officer) of each delivery order, unless an alternative delivery timeframe is agreed-to by the USDA at the individual order level.
PART 3 – CLAUSES:
The following Federal Acquisition Regulations (FAR) clauses shall apply to the contract:
3.0 INCLUDED BY REFERENCE CLAUSES:
52.202-1 Definitions (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.212-4 Contract Terms and Conditions-Commercial Items (NOV 2023) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)
3.1 FULL-TEXT CLAUSES:
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:
https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1045305
(End of clause)
52.204-21 Basic Safeguarding of Covered Contractor Information Systems.
(Nov 2021)
(a) Definitions. As used in this clause—
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. (JAN 2025)
(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 products and commercial services:
(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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 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 products and commercial services:
_X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
_X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (6) [Reserved].
__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L.
111-117, section 743 of Div. C).
__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
_X (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).
_X (11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204-30.
_X (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).
__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (14) [Reserved].
__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (17) [Reserved]
_X (18)
(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.
__ (19)
(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 (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).
__ (21)
(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 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 (Jan 2025) of 52.219-9.
__ (22)
(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 (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service- Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
_X (26)
(i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
__ (28) 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 (Oct 2022) (15 U.S.C. 637(m)).
__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
_X (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).
_X (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O. 13126).
_X (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X (34)
(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_X (35)
(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 (36)
(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 (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
_X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X (39)
(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).
__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (41)
(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.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__ (47)
(i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
_X (48)
(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.
4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].
__ (iii) Alternate II (Jan 2025) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (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. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
_ X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
_X (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
_X (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
_X (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (65)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) 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 products and commercial services:
[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 for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.
13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).
(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 products or commercial services. 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 (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C.
4712).
(iii) 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)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)
(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) ( 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.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 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.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).
(xvii) 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).
(xviii) 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).
(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.
13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 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. Subtitle A, Part V, Subpart G Note).
(xxiv) 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.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 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 products and commercial services 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 the date of award through the expiration of the contract.
(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 a quantity of 1,000 each, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of $100,000.00;
(2) Any order for a combination of items in excess of $400,000.00; or
(3) A series of orders from the same ordering office within ____15_______ 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 3 calendar 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 the expiration of the contract.
AGAR 452.204 Modification for Contract Closeout (Oct 2021)
(a) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.
(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature.
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