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Statement of Work- Steris

FY 2019

Background

The Food Safety and Inspection Service (FSIS), a public health regulatory agency of the U.S. Department of Agricultural (USDA), protects consumers by ensuring that meat, poultry, Siluriformes fish, and processed egg products are safe, wholesome, and accurately labeled. The FSIS Field Service Laboratories (FSL), located in Saint Louis MO, Athens GA, and Albany CA are regulatory laboratories that analyze meat, poultry, Siluriformes fish, and pasteurized egg products to ensure they are free from adulteration.

Objective/Scope

The FSIS Midwestern Laboratory performs regulatory testing of meat, poultry and egg products for the presence Salmonella spp., Listeria monocytogenes, Campylobacter and shiga toxin producing E. coli, which are foodborne pathogens. Autoclaves are used to sterilize microbiological test items and decontaminate microbial waste generated from the Agency’s regulatory testing programs. The vendor shall provide semi-annual preventive maintenance checks and calibration requirements at each of the three locations provided in the SOW. The three FSL’s are accredited to ISO 17025, and a requirement to maintain the ISO accreditation is at least annual maintenance and calibration of sterilization equipment by an ISO certified company. The sterilizers require the replacement of hardware and software that is proprietary to the company. It will require calibration and re-programming that can only be provided by company representatives.

Requirements

The vendor will provide four (4) yearly preventive maintenance (PM) visits that will encompass verification and calibration of all twenty-six (26) units (see attached quote) at their respective locations. The visits will be approximately 3 months apart. The three FSL’s are ISO 17025 accredited laboratories; PM visits are required per ISO 17025 standards to maintain accreditation. The vendor will provide one chamber cleaning and instruction thereof at Western Lab for each of the four units.

Midwestern Laboratory: COR: Dianna Lankford AMSCO Eagle/Century SV-120 and Steam Generator, S/N12309706 AMSCO Eagle/Century SV-120 and Steam Generator, S/N 031990804 AMSCO Lab 250 and Steam Generator, S/N 030981003 AMSCO Lab 250 Grav, S/N 31831421 AMSCO Lab 250 Vac, S/N 032821512 AMSCO Lab 250 Grav, S/N 032881516 AMSOC Lab 250 Grav, S/N 033441704 (pro-rated) Eastern Laboratory: COR: Sandra Eason

20x20x38 Century ISO Sterilizer S/N 012910005
26x26x49 Century Vac SD ST, S/N 013150301
20x20x38 Century ISO Sterilizer S/N 012049712
20x20x38 Century ISO Sterilizer S/N 012059701
20x20x38 Century ISO Sterilizer S/N 011779801
20x20x38 GRAV STER/STG-3, S/N 010509207
Lab 250 Vac Man Vrt SLD SD Cab Steam S/N 033001013
Lab 250 Vac Man Vrt SLD SD Cab Steam S/N 033011027
20x20x38 Century GRAV STER, S/N 012900012
STER GRAV 24x36x6 EAGLE, S/N 0109385006
Lab 250 Grv Cab Steam Man VRT SLD SD, S/N 032960909
VHP1000ED DOM ENG 120/60, S/N 011400346 (labor only)
48 Inch Century Vac DBL LT, S/N 013420326
Lab 250 ISO STM Cab, S/N 033021311
Lab 250 ISO STM Cab, S/N 031121407
26x36.5x48 Platform, S/N32651408

Western Laboratory: COR: Earl Jones All of these Sterilizers below will receive a Chamber Cleaning this year in Addition to 4 Quarterly PM’s.

48” Century Vac STM Sterilizer, S/N 033371328
48” Century Vac STM Sterilizer, S/N 033371329
Lab 250 Vac, S/N 31261659
Lab 250 Vac, S/N 31261658

Deliverables

1. Four (4) yearly PM Service, parts for all Steris Sterilizers visits at 3-month intervals on mutually agreeable dates scheduled between the labs and the vendor.

2. Vendor will provide calibration/verification documentation for each unit after each PM visit.

3. Any necessary repairs outside of normal PM adjustments will be requested by the vendor prior to any work to being done. Repair will include all charges for parts and labor.

4. Vendor will provide one chamber cleaning and instruction thereof on each of the four units at Western Laboratory.

Chamber Cleaning for these instruments:

48” Century Vac STM Sterilizer, S/N 033371328 48” Century Vac STM Sterilizer, S/N 033371329

Lab 250 Vac, S/N 31261659
Lab 250 Vac, S/N 31261658

Invoices are to be submitted quarterly in arrears.

PM visits will take place at these locations:

USDA, FSIS, OPHS, Midwestern Laboratory Federal Center Building 105D 4300 Goodfellow Blvd.

Saint Louis MO 63120 Contacts: Dianna Abrahamson, Elize Brookman-Blank 314-263-2680

USDA, FSIS, OPHS, Eastern Laboratory
950 College Station Rd.
Athens, GA 30605
Contact Sandra Eason or Kay Williams 706-546-2386
USDA, FSIS, OPHS, Western Laboratory
800 Buchanan St.
Albany, CA 94710
Contact Maria Mariscal or Curtis Wallis 510-814-3000

AGENCY CLAUSES AND PROVISIONS

INSTRUCTIONAL INFORMATION

The full text of local agency clauses may be viewed by selecting the hyperlink of the clause or provision that you wish to view. All drafting notes are for internal use only and shall be deleted before incorporation in solicitations or contracts.

ARCHIVED CLAUSES/PROVISIONS

When a revision to a clause/provision occurs, an archived copy of previous versions will be available. The archived number sited represents the code and the date of the archived document. To view an archived version on the list, go to the pull down menu at the line's far right column, select/click dated version.

Table of Contents This list, which includes links to the provisions and clauses, is provided as a reference. Contracting personnel shall use the appropriate contracting writing system for the generation of official contract documents.

Table of Contents Page Number

Provision/Clause Supplemental FAR or AGAR NUMBER Provision/Clause Title

Clause Date
Archive

FAR 52.223-1;

FAR 23.406(a)

BIOBASED PRODUCT CERTIFICATION

Prescription: Use in solicitations that require delivery or specify the use of Green Purchasing requirements in those categories of USDA-designated bio-based items.

May 2012

FAR 52.223-2;

FAR 23.406(b) AFFIRMATIVE PROCUREMENT OF BIO-BASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS Prescription: Use in all janitorial/custodial and operations and maintenance/maintenance and repair contracts.

September 2013
July 2012
6
FAR 9.5
ORGANIZATIONAL CONFLICT OF INTEREST AND LIMITATION ON FUTURE CONTRACTING

Prescription: Applies to all acquisitions, including task order acquisitions of any size where the requirement may give rise to organizational conflict of interests.

September 2008

7
FAR 1.6
CONTRACTING OFFICER

Prescription: Use in all solicitations/contracts when it is deemed necessary to identify the authority of the Contracting Officer.

January 2012

FAR 1.604

CONTRACTING OFFICER REPRESENTATIVE

Prescription: Use in all solicitations/contracts when a COR will be appointed.

January 2012

48 CFR 437.110

AGAR 452.237.74

KEY PERSONNEL

Prescription: Applies to solicitations/contracts when key personnel are required by the contract.

August 2008

9
FAR 37
UNAUTHORIZED PERFORMANCE OF SERVICES

Prescription: Use in solicitations/contract for services.

May 2011

9
Public Law 96-511
OMB CLEARANCE

Prescription: Applies to solicitations/contracts when there is a likelihood that information will be collected from at least ten or more members of the public.

February 2007

Page Number

Provision/Clause Supplemental FAR or AGAR NUMBER Provision/Clause Title

Clause Date
Archive

Public Law 101-391

HOTEL AND MOTEL FIRE SAFETY ACT OF 1990

Prescription: Use in solicitations/contracts where lodging facilities are associated with the contract effort.

February 2007

10
FAR 9.505-4
RELEASE OF SENSITIVE INFORMATION

Prescription: Use in service contracts to document consent to release information needed by service provider to perform specified services.

June 2013

FAR 15.204-1(b)

FAR 4.12

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFEROR OR RESPONDENTS

Prescription: Use in all solicitations/contracts February 2007

FAR 16.505

TASK ORDER PROCEDURES

Prescription: Applies to all solicitations/contracts that will result in the award of an IDIQ contract.

February 2007

LEGAL HOLIDAYS

Prescription: Use in contracts for performance on-site at a USDA facility December 2008

FAR 39.2

508 COMPLIANCE ACCESSIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY

Prescription: Use in solicitations/contracts that have 508 requirements or an IT component of at least 10% March 2010

ACCESS TO SENSITIVE INFORMATION

Prescription: Applies to acquisition in which a contractor has to perform specified services that may need access to sensitive information.

February 2007

PERIOD OF PERFORMANCE

Prescription: Use in solicitations/contracts that include option years February 2007

EVALUATION OF SUBCONTRACTING PLAN

Prescription: Use in solicitations when the award will be subject to approval of a small business subcontracting plan

February 2007

Page Number

FAR or AGAR NUMBER Provision/Clause Title

Clause Date
Archive

INCORPORATION OF PROPOSAL

Prescription: Use in solicitations when it is anticipated that part of the proposal may be incorporated into the contract February 2007

CONFLICT OF INTEREST

Prescription: Use in solicitations /contracts when conflict of interest may be a concern February 2007

FAR 19.8

DIRECT 8(a) CONTRACTING (PROCUREMENT ADVISORY NO. 71 C, REVISION November 30, 2012)
September 2013
May 1998

DELIVERABLES/MILESTONES

Prescription: Insert the clause in solicitations and contracts that require milestones.

January 2012

INFORMATION TECHNOLOGY SYSTEMS SECURITY

Prescription: Insert the clause in solicitations for more complex IT contracts in which the contractor may have direct contact with FSIS IT systems.

September 2013

INFORMATION TECHNOLOGY SYSTEMS SECURITY CONTRACT REQUIREMENTS

Prescription: Insert the clause in solicitations /contracts for more complex IT contracts in which the contractor may have direct contact with FSIS IT systems.

January 2012

ADDITIONAL PRIVACY ACT REQUIREMENTS

Prescription: Insert the clause in solicitations/contracts when the Privacy Act applies January 2012

FAR 11.002(g)

COMPLIANCE WITH INTERNET PROTOCAL VERSION 6 (IPv6) in Acquiring Information Technology (Ipv6) Prescription: Insert in solicitations/contracts for IT that have IPv6 requirements November 2016

COMMONLY ACCEPTED SECURITY CONFIGURATIONS FOR WINDOWS OPERATING SYSTEMS

Prescription: Use in all solicitations/contracts for IT requirements February 2013

Page Number

FAR or AGAR NUMBER Provision/Clause Title

Clause Date
Archive

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE PROCESSING PLATFORM (IPP)

Prescription: Use in all solicitations/contracts April 2013

Rules of Behavior Prescription: Use this document in all solicitations/contracts for IT requirements

SCIENTIFIC INTERGRITY TRAINING (APR 2017)

Prescription: Use in all solicitations/contracts for all IT contracts with contractors April 2017

Software License Line Item Data (May 2018) Prescription: Use in all SOW’s for contractor support that require the contractor to provide software licenses to USDA, or may involve the contractor providing software licenses to USDA during performance of the contract.

May 2018

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

Insert the provision at 52.223-1, Biobased Product Certification, in solicitations that require delivery or specify the use of Green Purchasing requirements in those categories of USDA-designated bio-based items As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c) (3)), the Offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the Offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements

52.223-2 AFFIRMATIVE PROCUREMENT OF BIO-BASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA) designated items unless

(1) The product cannot be acquired

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than

(i) October 31 of each year during contract performance.

ORGANIZATIONAL CONFLICT OF INTEREST AND LIMITATION ON FUTURE CONTRACTING (SEPT 2008) The following provisions are in accordance with FAR Part 9.5:

a. The U.S. Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS), including any echelon or sub-echelon activity of the USDA, will not consider the Contractor, its successor-in-interest, assignee, or affiliates as a prime source of supply for, nor allow it to be a subcontractor or consultant to a supplier for, any follow-on procurement of a system, subsystem, or major component thereof, including training related thereto for which the Contractor provides technical support services, analyses, system design and evaluation or other types of assistance ordered under this contract action. For examples of a follow-on procurement, see FAR Part 9.508. These examples are not all-inclusive, but are intended to help the Contracting Officer (CO) apply the general rules in FAR Part 9.505 to individual situations.

b. The above restrictions shall be included in all subcontracts, teaming arrangements, and other agreements calling for performance of work related to this contract action, unless exempted in writing by the CO.

c. To prevent unfair competitive advantage in the procurement of any similar federal support services which are the subject of this contract action, the contractor agrees that, until award of a contract action for by FSIS for any of these services it: (1) shall not disclose any information concerning the work under this contract action, including technology developed or findings and conclusions rendered by the Contractor in performing this contract action, to any prospective Contractor; and (2) shall not render any services of any kind related to this procurement to any prospective Contractor.

d. If, under the scope of this contract action, the Contractor is required to prepare a SOW or to design or develop specifications/requirements which are to be incorporated or used in a solicitation for future acquisition of a system, subsystem, or major component thereof relating to the subject matter of this contract action, the USDA, including any echelon or sub-echelon activity, will not consider the Contractor, its successor-in-interest, assignee, or affiliates as a prime source of supply for, nor allow it to be a subcontractor or consultant to a supplier for the procurement of the system, subsystem, or major component thereof. The Contractor, subcontractors and consultants at any tier have an affirmative duty to disclose to the CO actual, potential or apparent conflicts whenever there is reason to believe such exist or will exist.

e. The restrictions and provisions of paragraph (d), above, shall be in effect for a period of two years from the performance completion date of this contract action. At any time subsequent to the effective date of this contract action, the Government may either modify the restrictions of paragraphs (c), and (d), or waive the restrictions entirely if it is determined to be in the best interests of the Government. The restrictions contained herein do not limit the restrictions delineated in FAR Part 9.5.

CONTRACTING OFFICER (JAN 2012)

The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; issue task orders against the contract; make final decisions on disputed deductions from contract payments for nonperformance, or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. However, the CO may delegate certain other responsibilities to the Contracting Officer’s Representative (COR). All delegated duties will be specified in writing by a COR Appointment and Delegation Notice.

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (JAN 2012)

The Contracting Officer hereby designates as the Contracting Officer’s Representative (COR)

[TO BE DESIGNATED UPON AWARD]

The COR shall be responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer shall be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract shall be modified accordingly.

On all matters that pertain to the contract terms, the contractor shall communicate with the Contracting Officer. 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, preferably in writing if time permits. Proceeding with work without proper contractual coverage may result in nonpayment or necessitate submittal of a contract claim.

The COR shall be responsible for initiating the Contractor Performance Assessment Report (CPAR) for awards over the simplified acquisition threshold of $150K to document contractor’s performance during the period of performance 14 days after completion of services or delivery of goods.

KEY PERSONNEL (AUG 2008)

The personnel listed below are considered essential to the work being performed under this contract.

TBD, [i.e. Project Manager] The [project manager will be responsible for ensuring all requirements of the contract are met. The Project Manager shall have a minimum of [CO specify minimum requirements such as educational requirements and/or years of experience and in what subject areas].

Before removing, replacing, or diverting any of the listed or specified personnel, the contractor shall notify the Contracting Officer reasonably in advance. The contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutions should have comparable qualifications to those of the persons being replaced. The contract will be modified to reflect any approved changes in key personnel.

UNAUTHORIZED PERFORMANCE OF SERVICES (MAY 2011)

(a) No personal services shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

(b) The Contractor shall not perform any inherently Government actions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work.

(c) The Contractor shall ensure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause shall limit the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this clause shall be included in all subcontracts at any tier.

OMB CLEARANCE (SEPT 2013)

The Paperwork Reduction Act of 1995 imposes a requirement on all Federal Agencies to obtain approval from the Office of Management and Budget (OMB) before collecting information from ten or more members of the public. If the work performed under this contract requires a survey or the collection of such information, the contractor shall work with the Contracting Officer’s Representative to obtain the necessary clearances from OMB.”

HOTEL AND MOTEL FIRE SAFETY ACT OF 1990 (FEB 2007)

The contractor must provide a facility that meets the requirements of the Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) and the lodging facility must be listed on the U.S. Fire Administration’s Master Hotel-Motel List.

RELEASE OF SENSITIVE INFORMATION (JUNE 2013)

(a)As used in this clause, “sensitive information” refers to information that the contractor has developed at private expense or that the Government has generated that qualifies for an exception to the Freedom of Information Act, which is not currently in the public domain, may embody trade secrets or commercial or financial information, and may be sensitive or privileged, the disclosure of which is likely to have either of the following effects: (1) to impair the Government’s ability to obtain this type of information in the future; or (2) to cause substantial harm to the competitive position of the person from whom the information was obtained. The term is not intended to resemble the markings of national security documents as in sensitive-secret-top secret.
(b)In accomplishing management activities and administrative functions, U.S. Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS) relies heavily on the support of numerous service providers. To support FSIS activities and functions, these service providers, as well as their subcontractors and their individual employees, may require access to sensitive information submitted by the Contractor under this contract. As an initial step, FSIS shall identify when needed services may entail access to sensitive information and shall determine whether providing access is necessary for accomplishing the Agency’s mission and whether the information requested is considered “sensitive” as defined in paragraph (a) of this section. By submitting this proposal or performing this contract, the Contractor agrees that FSIS may release to its service providers, their subcontractors, and their individual employees, sensitive information submitted during the course of this procurement.
(c)(1)The Contractor shall identify any sensitive information submitted in support of this proposal or in performing this contract. For purposes of identifying sensitive information, the Contractor may, in addition to any other notice or legend otherwise required, use a notice similar to the following:

Mark the title page with the following legend:

This proposal or document includes sensitive information that FSIS shall not disclose outside the Agency and its service providers that support management activities and administrative functions. To gain access to this sensitive information, a service provider’s contract must contain the clause entitled "Access to Sensitive Information". Consistent with this clause, the service provider shall not duplicate, use, or disclose the information in whole or in part for any purpose other than to perform the services specified in its contract. This restriction does not limit the Government's right to use this information if it is obtained from another source without restriction. The information subject to this restriction is contained in pages [insert page numbers or other identification of pages].

Mark each page of sensitive information the Contractor wishes to restrict with the following legend:

Use or disclosure of sensitive information contained on this page is subject to the restriction on the title page of this proposal or document.

(2)The Contracting Officer shall evaluate the facts supporting any claim that particular information is “sensitive.” This evaluation shall consider the time and resources necessary to protect the information in accordance with the detailed safeguards mandated by the clause entitled "Access to Sensitive Information". However, unless the Contracting Officer decides, with the advice of Legal Counsel, that reasonable grounds exist to challenge the Contractor’s claim that particular information is sensitive; FSIS and its service providers and their employees shall comply with all of the safeguards contained in paragraph (d) of this clause.
(d)To receive access to sensitive information needed to assist FSIS in accomplishing management activities and administrative functions, the service provider must be operating under a contract that contains the clause entitled "Access to Sensitive Information". This clause obligates the service provider to do the following:
(1)Comply with all specified procedures and obligations, including the

Organizational Conflicts of Interest Avoidance Plan, which the contract has incorporated as a compliance document.

(2)Utilize any sensitive information coming into its possession only for the purpose of performing the services specified in its contract.
(3)Safeguard sensitive information coming into its possession from unauthorized use and disclosure.
(4)Allow access to sensitive information only to those employees that need it to perform services under its contract.
(5)Preclude access and disclosure of sensitive information to persons and entities outside of the service provider’s organization.
(6)Train employees who may require access to sensitive information about their obligations to utilize it only to perform the services specified in its contract and to safeguard it from unauthorized use and disclosure.
(7)Obtain a written affirmation from each employee that he/she has received and will comply with training on the authorized uses and mandatory protections of sensitive information needed in performing this contract.
(8)Administer a monitoring process to ensure that employees comply with all reasonable security procedures, report any breaches to the Contracting Officer, and implement any necessary corrective actions.
(e)This clause does not affect FSIS's responsibilities under the Freedom of Information Act.
(f)The Contractor shall insert this clause, suitably modified to reflect the relationship of the parties, in all subcontracts that may require the furnishing of sensitive information to assure any service provider that requires access to sensitive information follows the steps outlined in this clause, including this paragraph (f), to protect the information from unauthorized use or disclosure.

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFEROR (FEB 2007)

In accordance with FAR 15.204-1(b), the completed and submitted “Representations, Certifications, and Other Statements of Offeror”, are incorporated by reference in this resulting contract.

TASK ORDER PROCEDURES (FEB 2007)

A. General

1)Only the Contracting Officer can obligate funds or issue task orders against this contract.
2)All task orders are subject to the terms and conditions of the resultant IDIQ contract(s).
3)Task orders shall not change any terms or conditions of the contract. If any language in the work assignment may suggest a change to the terms or conditions, the Contractor shall immediately request clarification from the Contracting Officer.
4)All costs associated with preparation, presentation, and/or discussion of the contractor’s task order proposal shall be at the contractor’s expense.
5)No work shall be performed and no payment shall be made except as authorized by the task order.
6)If multiple awards are made under the solicitation, each offeror will be given a fair opportunity, as described in FAR 16.505, to be considered for each order exceeding $2,500, unless it is determined that an exception to the fair opportunity process applies.
7)The Contractor shall perform work under this contract as specified in written task orders issued by the Contracting Officer.

B. Placement of Task Orders

1)The Contracting Officer will provide the Request for Task Order Proposal (RFTOP) to the contractor(s) which will include the following items:
a)Statement of Work
b)Applicable specifications
c)Delivery schedule and/or completion date(s), milestones, reporting requirements, and list of deliverables as applicable;
d)Any special instructions, conditions, notices, performance measures, etc. applicable to the task order.
e)If multiple contracts have been awarded, selection criteria for the task will also be identified;
f)The date and time by which a response is due.
2)The Contractor shall provide the following in response to each RFTOP:
a)Technical. A technical proposal may be requested depending on the particular task involved. Requested items may include a detailed work plan indicating how the task order is to be accomplished. The technical approach should be in as much detail as necessary to fully explain the proposed technical approach or method. The technical proposal should reflect a clear understanding of the nature of the work being undertaken. This may include information on how the project is to be organized, staffed, and managed.
b)Price.
i)Contractor shall use the rates established in the pricing section of the contract. If additional categories of labor are required for a specific task other than those contained in the pricing section, contractor shall clearly identify the proposed labor disciples. The proposal shall also include the number of hours required for each labor discipline for the performance of the work.
ii)All Other Direct Costs will be negotiated with each task order. Proposal must include an itemized list of all direct costs (materials, travel, etc.) required for the performance and the cost of such items.
iii)Subcontractor proposals (if applicable) shall be in the same detail as the contractors.

C. Timeline for Task Order Awards

1)The contractor shall submit the price and technical proposal (if requested) within [XXX] calendar days of the request for proposal unless a longer time is authorized.
2)Upon receipt of the contractor's proposal, the Contracting Officer will discuss the proposal with the Contractor and upon mutual agreement, will issue a written task order.
3)Award will only be made if a determination can be made that the proposed price is fair and reasonable.
4)The contractor shall acknowledge receipt of each task order by returning to the Contracting Officer a signed copy of the task order within [XXX] calendar days after its receipt.

LEGAL HOLIDAYS (DEC 2008)

(a)The Federal Government observes the following days as holidays.

New Year’s Day
January 1st*
Martin Luther King’s Birthday
Third Monday in January
Presidents’ Day
Third Monday in February
Memorial Day
Last Monday in May
Independence Day
July 4th*
Labor Day
First Monday in September
Columbus Day
Second Monday in October
Veterans’ Day
November 11th
Thanksgiving Day
Fourth Thursday in November
Christmas Day
December 25th*

*If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.

(b) In addition to the days designated above as holidays, the Government may observe additional days in accordance with 5 USC 6103.

*508 COMPLIANCE ACCESSIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY

(a) This SOW is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the workforce Investment Act of 1998 (P.L. 105-220). Specifically, subsection 508(a)(1) requires that when the Federal Government procures Electronic and Information Technology (EIT), the EIT must allow Federal employees and individuals of the public with disabilities comparable access to and use of information and data that is provided to Federal employees and individuals of the public without disabilities.

(b) The EIT accessibility standards at 36 CFR Part 1194 were developed by the Architectural and Transportation Barriers Compliance Board ("Access Board") and apply to contracts and task/delivery orders, awarded under indefinite quantity contracts on or after June 25, 2001.

(c) Each Electronic and Information Technology (EIT) product or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility Standards (36 CFR 1194), as specified in the contract, as a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within the period of time to be specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses:

1. Cancellation of the contract, delivery or task order, purchase or line item without termination liabilities; or

2. In the case of custom Electronic and Information Technology (EIT) being developed by a contractor for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the noncompliant EIT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby.

(d) The contractor must ensure that all EIT products that are less than fully compliant with the accessibility standards are provided pursuant to extensive market research and are the most current compliant products or services available to satisfy the contract requirements.

(e) For every EIT product or service accepted under this contact by the Government that does not comply with 36 CFR 1194, the contractor shall, at the discretion of the Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either a contract specified refresh cycle for the product or service, or on a contract effective option/renewal date; whichever shall occur first.

Section 508 Compliance for Communications The vendor shall comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this SOW shall take precedence.

Rehabilitation Act, Section 508 Accessibility Standards

1. 29 U.S.C. 794d (Rehabilitation Act as amended)

2. 36 CFR 1194 (508 Standards)

3. www.access-board.gov/sec508/508standards.htm (508 standards)

4. FAR 39.2 (Section 508)

5. USDA Standards, policies and procedures (Section 508) In addition, all contract deliverables are subject to these 508 standards as applicable.

Regardless of format, all Web content or communications materials produced, including text, audio or video - must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. All contractors (including subcontractors) or consultants responsible for preparing or posting content must comply with applicable Section 508 accessibility standards, and where applicable, those set forth in the referenced policy or standards documents above. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the SOW shall be the responsibility of the contractor or consultant.

The following Section 508 provisions apply to the content or communications material identified in this SOW:

36 CFR Part 1194.21 a - l 36 CFR Part 1194.22 a - p 36 CFR Part 1194.31 a - f 36 CFR Part 1194.41 a – c The contractor shall provide a completed Section 508 Product Assessment Template and the contractor shall state exactly how proposed EIT deliverable(s) meet or does not meet the applicable standards.

The following Section 508 provisions apply for software development material identified in this SOW, PWS, or TO:

For software development, software applications, and operating systems the Contractor/Developer/Vendor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards)

36 CFR Part 1194.21 (a – l)
36 CFR Part 1194.31 (a – f)
36 CFR Part 1194.41 (a – c)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) USDA Standards, policies and procedures (Section 508)

a. Information Technology – General Information
http://www.ocio.usda.gov/508/index.html#resources

For web-based applications (intranet, internet information and applications, 16 rules), the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards) 36 CFR Part 1194.22 (a – p) 36 CFR Part 1194.31 (a – f) 36 CFR Part 1194.41 (a – c)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) USDA Standards, policies and procedures (Section 508)

a. Information Technology – General Information
http://www.ocio.usda.gov/508/index.html#resources

For Telecommunication products the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards) 36 CFR Part 1194.23 (a – k) 36 CFR Part 1194.31 (a – f) 36 CFR Part 1194.41 (a – c)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) USDA Standards, policies and procedures (Section 508)

a. Information Technology – General Information
http://www.ocio.usda.gov/508/index.html#resources

For video and multimedia applications (including training), the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards) 36 CFR Part 1194.24 (a – e) 36 CFR Part 1194.31 (a – f) 36 CFR Part 1194.41 (a – c)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) USDA Standards, policies and procedures (Section 508)

a. Information Technology – General Information
http://www.ocio.usda.gov/508/index.html#resources

For self-contained, closed products, the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards) 36 CFR Part 1194.25 (a – j) 36 CFR Part 1194.31 (a – f) 36 CFR Part 1194.41 (a – c)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) USDA Standards, policies and procedures (Section 508)

a. Information Technology – General Information
http://www.ocio.usda.gov/508/index.html#resources

For Desktop and portable computers, the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards) 36 CFR Part 1194.26(a – d) 36 CFR Part 1194.31 (a – f) 36 CFR Part 1194.41 (a – c)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) USDA Standards, policies and procedures (Section 508)

a. Information Technology – General Information
http://www.ocio.usda.gov/508/index.html#resources

All Electronic Information Technology that is subject to the 36 CFR 1194 standards will have a Section 508 acceptance test and Section 508 will be validated upon acceptance.

All maintenance for Electronic Information Technology that requires upgrades, modifications, installations and purchases will adhere to the Section 508 Standards and 36 CFR 1194.

ACCESS TO SENSITIVE INFORMATION (FEB 2007)

(a)As used in this clause, “sensitive information” refers to information that a contractor has developed at private expense, or that the Government has generated that qualifies for an exception to the Freedom of Information Act, which is not currently in the public domain, and which may embody trade secrets or commercial or financial information, and which may be sensitive or privileged.
(b)To assist the U. S. Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS) in accomplishing management activities and administrative functions, the Contractor shall provide the services specified elsewhere in this contract.
(c)If performing this contract entails access to sensitive information, as defined above, the Contractor agrees to -
(1)Utilize any sensitive information coming into its possession only for the purposes of performing the services specified in this contract, and not to improve its own competitive position in another procurement action.
(2)Safeguard sensitive information coming into its possession from unauthorized use and disclosure.
(3)Allow access to sensitive information only to those employees that need it to perform services under this contract.
(4)Preclude access and disclosure of sensitive information to persons and entities outside of the Contractor’s organization.
(5)Train employees who may require access to sensitive information about their obligations to utilize it only to perform the services specified in this contract and to safeguard it from unauthorized use and disclosure.
(6)Obtain a written affirmation from each employee that he/she has received and will comply with training on the authorized uses and mandatory protections of sensitive information needed in performing this contract.
(7)Administer a monitoring process to ensure that employees comply with all reasonable security procedures, report any breaches to the Contracting Officer, and implement any necessary corrective actions.
(d)The nature of the work on this contract may subject the Contractor and its employees to a variety of laws and regulations relating to ethics, conflicts of interest, corruption, and other criminal or civil matters relating to the award and administration of government contracts. Recognizing that this contract establishes a high standard of accountability and trust, the Government will carefully review the Contractor’s performance in relation to the mandates and restrictions found in these laws and regulations. Unauthorized uses or disclosures of sensitive information may result in termination of this contract for default, or in debarment of the Contractor for serious misconduct affecting present responsibility as a government contractor.
(e)The Contractor shall include the substance of this clause, including this paragraph (e); suitably modified to reflect the relationship of the parties, in all subcontracts that may involve access to sensitive information.

PERIOD OF PERFORMANCE (FEB 2007)

The total period of performance shall not exceed 60 months. The periods of performance are defined as follows:

Base Period:* [Date of Award] through [12 months]
1st Option Period:* [12 months – dates To Be Determined]
2nd Option Period:* [12 months – dates To Be Determined]
3rd Option Period:* [12 months – dates To Be Determined]
4th Option Period:* [12 months – dates To Be Determined]

[*ACTUAL DATES TO BE INSERTED UPON AWARD]

Task orders awarded prior to the expiration date of the contract shall be completed, regardless of whether or not the Government exercises any of its options under the contract.

Include the following text for GSA Federal Supply Schedule awards that also include option periods:

Options to extend cannot be used beyond any extension or renewal done to the FSS contract (except to complete an option period).

EVALUATION OF SUBCONTRACTING PLAN (JAN 2014)

Upon preliminary selection for award, if the apparent successful Offeror is a large business, they shall be required to submit an acceptable Small Business Subcontracting Plan before receiving the award. This plan must be submitted within [7] calendar days of notice. This plan shall be prepared in accordance with the requirements of FAR Subpart 19.704, The Small Business Subcontracting Program, and FAR clause 52.219-9. The plan will be evaluated to ensure that it is complete and contains all of the required information.

The subcontracting goals for FSIS are as follows:

Business Type
Goal
Small Business
21.5%
Small Disadvantaged Business
5%
Woman-Owned Small Business
5%
Service-Disabled Veteran-Owned Small Business
3%
HUB-Zone Small Business
3%

The approved Small Business Subcontracting Plan will be incorporated into the contract upon award as Attachment [XXX] in Section J.

INCORPORATION OF PROPOSAL (FEB 2007)

Offerors are advised that certain parts of their proposal may be incorporated into the contract at the time of contract award. The apparent successful Offeror may be requested to provide an electronic copy of their proposal prior to award.

CONFLICT OF INTEREST (FEB 2007)

If, for any reason, FSIS or the Contractor determines that the Contractor and/or an employee of the Contractor faces a potential, perceived or real conflict of interest, the Contracting Officer will notify the Contractor or the Contractor will notify the Contracting Officer of the potential, perceived or real conflict of interest and the Contractor and/or contract employee will cease all work on or reassign the task or proceed at the discretion of the Contracting Officer. At the Government’s option, the Contractor may provide an acceptable replacement investigator.

Direct 8(a) Contracting (PROCUREMENT ADVISORY NO. 71 C, Revision November 30, 2012)

52.219-70XX Section 8(a) Direct Awards.

As prescribed in 19.811, insert the following clause:

Section 8(a) Direct Award (November 30, 2012)

(a) This contract is issued as a direct award between the contracting activity and the 8(a) contractor pursuant to the Memorandum of Understanding between the Small Business Administration (SBA) and the [Insert Agency Name]. SBA does retain responsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and providing counseling and assistance to the 8(a)contractor under the 8(a) program. The cognizant SBA district office is:

[To be completed by Contracting Officer at time of award]

(b) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract. However, the contracting activity shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with SBA prior to processing any novation agreement. The contacting activity may assign contract administration functions to a contract administration office.

(c) The contractor agrees:

(1) to notify the Contracting Officer, simultaneous with its notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or controls hall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership and control.

(2) it will adhere to the requirements of 52.219-14, Limitations on subcontracting.

DELIVERABLES/MILESTONES (JAN 2014)

The Contractor shall adhere to the following schedule and deliverable requirements. All electronic submissions shall be in [i.e., Word 2003, Excel 2003] format.

Item
Deliverable Name
Due Date
No. of Copies
Format
Addressee
1
Post-award conference ( in Washington, DC)
14 calendar days after date of contract award [Mo/Day/Yr]
N/A
N/A
N/A
2
Host___# conference calls, facilitate discussion and issue conference call and meeting minutes in Washington, DC
Determined in accordance with the approved plan
N/A
N/A
N/A
3
Subtask 1.1 – Draft Report

Include the following date-related information:

a. Originally scheduled start and end dates (including milestones and deliverables) [Mo/Day/Yr]

Electronic

COR

CO

b. Anticipated start dates and end dates for future tasks, subtasks, and activities, if schedule fluctuation has occurred

[Mo/Day/Yr]

c. Actual start and end dates for all current and completed tasks, subtasks, and activities

[Mo/Day/Yr]

d. Be updated, at a minimum, weekly and

e. Identify issues that affect deadlines.

4
Subtask 1.2 – Final Report
__# months after date of contract award

[Mo/Day/Yr]

Consider publishing contract results at the USDA Connect Network web…

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