B02_-_RFP_AG-3144-S-15-0024.pdf

USDA RFP #AG-3144-S-15-0024 Page 1 of 16

REQUEST FOR PROPOSALS NO. AG-3144-S-15-0024

GENERATOR AND FUEL SYSTEM MAINTENANCE FOR USDA/OCIO/NITC

RFP ISSUANCE DATE: March 18, 2015

United States Department of Agriculture Office of the Chief Information Officer

National Information Technology Center

RFP Contents:

1) Standard Form 1449

2) PART I: RFP and Submission Requirements & PART II: Provisions/Clauses

3) Attachment I: Statement of Work

4) Attachment II: Pricing Submittal Spreadsheet

5) Attachment III: Maintenance Checklist Samples

6) Attachment IV: SCA Wage Determination

USDA RFP #AG-3144-S-15-0024 Page 2 of 16

PART I – THE SCHEDULE

SECTION A – STANDARD FORM 1449

Offerors will please review and completed Standard Form 1449 included with the solicitation documentation.

SECTION B – SUPPLIES OR SERVICES & PRICES

B.1. DESCRIPTION OF SERVICES

This solicitation is for generator and fuel system maintenance services for three (3) QSK50 Series 1250KW Cummins Generators and six (6) QST30 Series 1000KW Cummins Generators located in Kansas City, Missouri, and three (3) 3500 Series 1250KW Baldor Generators located in St. Louis, Missouri for the U.S. Department of Agriculture (USDA), Office of the Chief Information Officer (OCIO), National Information Technology Center

(NITC).

B.2. TYPE OF CONTRACT

The NITC intends to award a contract with a Firm-Fixed price for regularly scheduled maintenance services, with an additional Labor Hour (LH) component for Emergency Service calls. The NITC further intends for this contract to be comprised of a one- year base period followed by four (4) one-year option periods. All Emergency and Routine Services shall be ordered by issuance of delivery or task orders by the Contracting Officer (CO) within the limits of the Schedule.

B.3. ESTIMATED CONTRACT VALUE

The minimum value of this contract will be the Firm-Fixed Price portion of the Base Contract Period. The maximum contract value will be the sum of the Firm-Fixed portions of the base and all option periods, as well as the Not to Exceed (NTE) values of Emergency Services, based upon the service rates established by contract.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT (SOW)

C.1. SCOPE OF THE CONTRACT

This contract will provide generator and fuel system maintenance services for NITC, by means of a firm fixed price contract with emergency calls on a labor hour basis. The period of performance will include a one (1) year base contract with four (4) one year options.

C.2. GENERAL REQUIREMENTS

The contractor shall provide all management, supervision, labor, materials, supplies and equipment to perform monthly, quarterly, annual, and three-year maintenance when required on (3) QSK50 Series 1250KW Cummins Generators and

(6) QST30 Series 1000KW Cummins Generators located in Kansas City, Missouri, and to perform monthly, semi-annual, annual, two-year, and four-year maintenance on (3) 3500 Series 1250KW Baldor Generators located in St.

Louis, Missouri.

C.2.1. STATEMENT OF WORK – A detailed Statement of Work is included as Attachment II, and contains information regarding contract deliverables, and safety and security requirements.

SECTION D - PACKAGING AND MARKING

N/A

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SECTION E – INSPECTION AND ACCEPTANCE

E.1. NITC QUALITY ASSURANCE

The NITC’s Quality Assurance Surveillance Program is not a substitute for quality control by the Contractor. Findings of unsatisfactory or non-performed work will be documented and a Quality Deficiency Service Report will be issued to the Contractor. All costs associated with rework shall be the responsibility of the Contractor. The NITC reserves the right to choose the inspection methods to be used in the implementation of the Quality Assurance program and to vary the inspection methods utilized during the performance of work without notice to the Contractor.

E.2. CONTRACTOR QUALITY CONTROL PROGRAM

The Contractor shall prepare and maintain a Quality Control Program (QCP) to ensure that work performed herein conforms to contract requirements. The Contractor’s QCP shall be submitted to the COR for review and approval within ten (10) business days following contract award. The COR will review the QCP and provide comments to the Contractor within five (5) business days following receipt of the plan. The Contractor shall finalize the QCP within five

(5) business days following receipt of the comments. In the event that an agreement cannot be reached, the NITC reserves the right to direct the QCP.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The NITC intends the period of performance for this contract to be a base period and four one-year option periods. The base period shall begin upon contract award date, anticipated March 2015.

BASE PERIOD March 2015 – March 2016 OPTION YEAR 1 March 2016 – March 2017 OPTION YEAR 2 March 2017 – March 2018 OPTION YEAR 3 March 2018 – March 2019 OPTION YEAR 4 March 2019 – March 2020

F.2 PLACE OF PERFORMANCE

All work under this contract will be performed at NITC’s Data Centers in Kansas City, Missouri and St. Louis, Missouri unless otherwise specified.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1. CONTRACT MANAGEMENT

The following individuals will serve as the points of contact during the performance of this contract, unless otherwise noted:

G.1.1. Contracting Officer: The CO assigned to this project is:

Christine D. Wallace

USDA/DM/OPPM/POD

Acquisition Management Branch – FTC 2150 Centre Ave, Bldg A, Ste 145 Fort Collins, CO. 80526 Phone: 970-295-5353 Fax: 970-812-1306 Email: Christine.Wallace@ftc.usda.gov

The CO is the final authority in all contractual matters relating to this contract. The CO has overall responsibility mailto:Christine.Wallace@ftc.usda.gov

USDA RFP #AG-3144-S-15-0024 Page 4 of 16 for the administration of this contract, and is authorized to take actions on behalf of the NITC to amend, modify, or deviate from contract terms, conditions, requirements, specifications, details, and/or delivery schedules. The CO is also responsible for making the final decisions on matters under dispute, unsatisfactory performance, and contract terminations for convenience or default.

G.1.3. Contracting Officer’s Representative: The COR and technical point of contact assigned to this project are:

COR: Technical point of contact:

Jennifer Adams

USDA/OCIO/NITC

8930 Ward Parkway Kansas City, MO. 64114 Phone: 816-926-2727 Fax: 816-926-2804 Email: Jennifer.Adams@ocio.usda.gov

Greg Massey

USDA/OCIO/NITC

8930 Ward Parkway Kansas City, MO. 64114 Phone: 816-823-1875 Email: Gregory.Massey@ocio.usda.gov

The COR named above has been designated on authority of the Contracting Officer to monitor all technical aspects of the contract. The duties of the COR include but are not limited to: assuring the Contractor’s compliance with the technical requirements of the contract, performing or arranging necessary inspections in connection with the technical performance of the contract, monitoring the Contractor’s overall performance under the contract, and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment prior to forwarding the original invoice to the payment office and a conformed copy to the Contracting Officer.

The COR does NOT have the authority to alter the contractor's obligations under the contract, direct changes that fall within the purview of the General Provisions clause entitled "Changes", or modify any of the expressed terms, conditions, specification, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of the Work, the Contracting Officer shall issue such changes in writing.

G.2. COMMUNICATION

The terms and conditions of contract task order(s) shall govern the administration and management of the work products and deliverables. The lines of communication and authorities between Government and Contractor personnel under this contract are as follows:

• Communications related to task order management issues shall take place between the CO, COR, and the Contractor

Representative.

• For issues related to task management specific to technical matters, communication may occur between the COR or as delegated to the Government’s Technical point of contact, and the Contractor’s Site Management or Task Leader.

• The Contractor’s resource personnel shall communicate to Government personnel through its Task Leader, and the

Government’s resource personnel shall communicate to the Contractor resource personnel through the COR.

G.3. INVOICING

Invoicing Procedures:

• Invoices shall be submitted electronically through the Invoice Processing Platform (IPP), https://www.ipp.gov/.

• Additional information regarding what constitutes a proper invoice can be found by reviewing the Prompt Payment

Act (31 USC Chapter 32 - PROMPT PAYMENT ACT).

• A contractor-generated, complete invoice, should also be provided electronically as an attachment via IPP along with applicable back up documentation.

• Any other information or documentation required by other provisions of the delivery order such as reports, copies of travel vouchers, hotel and meal receipts, supporting paid invoices, receiving/acceptance reports, etc. The Contractor shall submit any other information or documentation required to support the invoice request. The original receipts shall mailto:Jennifer.Adams@ocio.usda.gov mailto:Gregory.Massey@ocio.usda.gov https://www.ipp.gov/

USDA RFP #AG-3144-S-15-0024 Page 5 of 16 be maintained by the Contractor and made available to Government auditors upon request.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1. KEY PERSONNEL

The Contractor shall use the following Key Personnel in the performance of this contract. Individual task orders may also have additional Key Personnel designated specifically for those orders.

NAME TITLE

TBD

H.2. CHANGES IN KEY PERSONNEL

The Contractor is required to notify the CO in writing within 14 calendar days of any proposed changes to the Key Personnel named above. The NITC will review the qualifications of a proposed replacement. If the proposed replacement is deemed to possess comparable skills to the Key Person being replaced, the NITC will promptly approve the replacement and modify the Key Personnel clause accordingly.

H.3. ELECTRONIC CORRESPONDENCE

Direction via email from the CO is authorized and shall be regarded as signed direction from the CO to the Contractor.

H.4. RESPONSIBILITY FOR LOSS, PERSONAL INJURY OF CONTRACTOR PERSONNEL

The NITC will not be responsible or held liable for any loss, damage, personal injury or loss of life of Contractor personnel not caused by the fault, negligence, wrongful omission of the NITC, its agents or its employees, occurring at any time such personnel are entering, exiting, using, or occupying NITC property or facilities in performance of this contract.

The Contractor shall be liable and will indemnify and hold harmless the NITC, its agents and employees, against all actions or claims for damages to persons, property, including death not caused by the fault, negligence, wrongful act, or wrongful omission of the NITC its agents, or employees. The Contractor shall be liable and will indemnify and hold harmless the NITC, its agents and employees against all action or claims for all damages to persons or property, including death arising or resulting from the fault, negligence, wrongful act, or wrongful omission of the Contractor personnel in accordance with the Federal Tort Claim Act (28 U.S.C. 2671-2680).

H.5. PERSONAL PROPERTY

Contractor personnel entering the NITC with personal property, including tools and equipment, will be issued a NITC property pass signed by an authorized representative of the NITC. The property pass will be required for the Contractor to exit the NITC with his/her personal property.

H.8. APPROVAL TO SUBCONTRACT

In order to maintain a complete understanding of the requirement for the high level of workmanship demanded by this contract, the NITC reserves the right to approve any subcontractors, prior to commencement of work.

H.9. WORK OUTSIDE OF THE CONTRACT

The NITC reserves the right to accomplish work of the same type covered in this contract with in-house staff or with another contract.

H.10. NITC RULES AND REGULATIONS

The Contractor shall be responsible for adherence to all applicable NITC rules and regulations, including but not limited to those identified in the Schedule and in the Attachments, which are incorporated herein by reference. Failure to inspect

USDA RFP #AG-3144-S-15-0024 Page 6 of 16 the site or to obtain knowledge of the NITC’s security and safety rules and regulations shall not relieve the Contractor from performing the contracted work or complying with the security and safety rules and regulations.

SECTION I – EVALUATION AND PROPOSAL PREPARATION INSTRUCTIONS

I.1. BASIS OF AWARD:

Evaluation:

The Government will issue an award resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government as follows: Lowest Price, Technically Acceptable (LPTA).

This acquisition will review Past Performance to determine a firm’s technical acceptability. This is also referenced in the Statement of Work, Part 1.4 Contractor Qualifications.

Past Performance:

Offerors should submit up to three (3) examples/references of relevant past or current performance within the past three (3) years.

I.2. PROPOSAL PREPARATION:

The following is established as the specific information and format required for any proposal submitted. Offerors must submit complete proposal packages; incomplete proposals are not acceptable. Offerors will organize their responses into two separate volumes as detailed below.

a. To aid in the evaluation process, proposals shall be complete, comprehensive, and clearly presented.

b. Proposals shall be neat and assembled in an orderly manner. Please try and mirror the requirements document as much as possible so a stated fact or reference may be directly attributed to a requirement.

c. Elaborate art work and expensive visual and other presentation aids are neither necessary nor desired. All pages of each part shall be appropriately numbered and identified with the submitting firm’s name and the Request for Proposal (RFP) number.

I.3. VOLUME I –PAST PERFORMANCE:

Proposals shall provide adequate information demonstrating how your solution functions in terms of implementation, service delivery, and security. PLEASE NOTE: RFP PRICING DATA FOR THIS SOLICITATION SHOULD NOT APPEAR

ANYWHERE IN THIS VOLUME.

Overview of Volume I –Past Performance

A Past Performance evaluation will be completed for each offeror to determine technical acceptability. The past performance section of the Volume I response may be 10 pages and contain no more than 3 past performance examples.

This should be sufficient to show your BEST work on relevant and recent projects of a similar size, scope, and complexity.

Past performance shall provide adequate information describing the firm’s previous experience within the past three years (from issuance date of this RFP) providing services related to those requested in the SOW. Your firm should tailor the past performance summaries to specifically highlight applicable performance and outcomes so the Government may evaluate each point in the SOW effectively.

In addition to past performance submitted by offerors, the Government may solicit past performance on contracts not listed by the offeror. If the offeror claims there is no past performance, then that status must be identified to the Contracting Officer no later than the date and time due for past performance quotes from all offerors.

The summary must include:

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• Accurate and complete descriptions of the effort performed for the listed customer.

• A current customer point of contact (name, phone number, email) that USDA may contact in regard to reference information for each reference provided.

• Description of effort performed in sufficient detail for the evaluators to determine relevancy to the currently requested requirement.

• Problems encountered during performance and how your firm successfully overcame these issues.

• Evidence of how the organization has employed best practices.

• The end result of the effort, if applicable, Other factors to highlight are:

• Execution of contract(s).

• Quality Assurance Efforts.

• Management excellence.

• Cooperation with customers.

• Each summary should be at least 1 page and no more than 3 pages and should include:

o Customer Name (public or private sector).

o Customer Point of Contact (name, phone, email) responsible for overseeing the project (we may contact them).

o Contract Ceiling Awarded.

o Total dollar value expended to date.

o Type of Contract (FFP, LH, T&M, etc).

o Period of Performance (end of performance should be materially the past 3 years from this RFP posting).

1. Provide a summary of the previous contracts described above. Include information on subcontractors whose effort on this acquisition is projected to be more than 25% of the effort.

2. Provide statements, letters, reports, or evaluations from previous contracts described above, indicating the level and quality of past performance on the above contracts.

I.4. VOLUME II – PRICING AND EXECUTED REQUEST FOR PROPOSAL DOCUMENTS

This part shall contain the following signed original contract documents. Documents should be submitted in separable sections as noted below:

1. Pricing

This will be a Firm Fixed Price Contract, with the exception of Labor Hour pricing for Emergency Services.

Structure for all CLINS (per Attachment II, Pricing Submittal Spreadsheet), which represents the total proposal pricing for base and option years.

• Include responses to all requested elements.

• Pricing shall include a list of Emergency Services labor hour rates utilized for the proposal submittal.

• Total evaluated price will be the sum of all CLINs for all option periods.

• Pricing will be firm fixed price.

• Pricing shall not appear in any other section of the quote submittal.

2. Solicitation/Contract Award Document, SF 1449.

• Complete blocks 12, 17a, and 30a, b, and c of the SF1449. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation, with appendices.

3. Representations, Certifications, and Other Statements of Offerors. If applicable, offeror may instead provide a statement indicating they are current and profile is complete in System for Award Management (SAM), listing associated DUNS number.

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4. Signed acknowledgment of amendment receipt (Standard Form 30), if applicable.

5. Acknowledgement of receipt of Attachment IV – SCA Wage Determination.

6. Letter on Contractor’s letterhead identifying financial institution, point of contact, phone number, and a statement authorizing this agency to verify financial responsibility of offerors.

7. If applicable, completed subcontractor agreement and confirmation that the prime contractor has deemed the subcontractor responsible pursuant to FAR 9.104-4 and the responsibility standards in FAR 9.1.

8. If a vendor is submitting a quote using a teaming arrangement, a teaming agreement must be submitted within this volume at the time of award. This must stipulate how the team will interact with each other and who the lead vendor is if a lead vendor is designated.

9. If the offeror has a reason to believe an Organizational Conflict of Interest may exist or be perceived, the contractor must submit information and a mitigation plan along with their solicitation. If your firm is submitting this, please contact the Contracting Officer prior to proposal submission to discuss plan expectations. The end goal of this document is for the government to efficiently and completely determine a conflict of interest does not exist, is mitigated, or is accepted in the best interest of the government. The government will err on the side of caution, if a vendor is not forthcoming and a there is a perception of a conflict of interest the vendor will most likely be prohibited from receiving an award.

10. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.

I.5. QUOTE SUBMISSION

• Electronic proposals are to be submitted via email to Christine.Wallace@ftc.usda.gov for delivery no later than 2:00 P.M., Eastern Time (ET), Wednesday, March 25, 2015. The subject line of the email shall be “Response to AG-3144-S-15-0024”.

• Technical questions are due no later than 3:00 P.M. Eastern Time (ET), Friday, March 20, 2015, via email to Christine.Wallace@ftc.usda.gov. Questions via phone are not acceptable. It is of utmost importance to both vendors and the government to have all questions required to submit a firm-fixed price quote as soon as possible, but no later than this date.

o Administrative questions may be submitted in writing at any time up until the RFP deadline.

I.6. General Submittal Instructions USDA will evaluate only those responses that fully meet our objectives as outlined in this RFP and that respond to the instructions in this section. In situations where teams are formed to respond to this RFP, a single organization must be identified as the prime Offeror. This organization will be responsible for meeting performance objectives described in the SOW, and will contract directly with the Government. In addition, we require that Offerors provide a single point of contact that is responsible for interacting with USDA for the duration of the competition.

USDA recognizes that some information requested (e.g. pricing data), may be confidential. Proprietary information must be protected from improper disclosure under Federal law. The Offeror should appropriately mark submitted materials as proprietary, where such restrictions should apply.

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Disposition of Unsuccessful Quotes In compliance with FAR Subpart 4.8, the Government will retain the copies of all unsuccessful proposals throughout the duration of contract performance. Extra copies of unsuccessful proposals will be destroyed by the Government. All copies of unsuccessful proposals will be destroyed upon contract performance completion.

Government Shall Not Pay Cost Incurred in Submission of Proposal This solicitation does not commit the Government to pay any cost incurred in the submission of the proposal or in making necessary studies of designs for the preparation thereof, nor to contract for services or supplies.

I.7. AWARD NOTICE/ACCEPTANCE OF OFFER:

A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding agreement without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

END OF PART I - RFP AND SUBMISSION REQUIREMENTS

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PART II - SOLICITATION PROVISIONS & 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(es): https://www.acquisition.gov/far/

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities (Apr 1984) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) 52.212-4 Contract Terms and Conditions--Commercial Items (Dec 2014) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6 Drug-Free Workplace (May 2011) 52.228-5 Insurance – Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.237-3 Continuity of Services (Jan 1991) 52.242-13 Bankruptcy (Jul 1995) 52.242-15 Stop-Work Order (Aug 1989) 52.243-1 Changes – Fixed Price (Aug 1987) – Alternate I (Apr 1984) 52.243-3 Changes – Time-and-Materials or Labor-Hours (Sep 2000) 52.246-4 Inspection of Services – Fixed Price (Aug 1996) 52.249-4 Termination for Convenience of the Government (Services)(Short Form)(Apr 1984) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.253-1 Computer Generated Forms (Jan 1991)

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEMS (DEC 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014).

(2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.

253g and 10 U.S.C. 2402).

https://www.acquisition.gov/far/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm%23P112_18856

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___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

Applicable if offeror checks “has” under provision 52.209-7.

_X_ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

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

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

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___ (24) 52.219-30 Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (28) 52.222-26, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)) (38 U.S.C. 4212).

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

_X_ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (34) (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.)

___ (35) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (36) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (38) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514)..

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (41) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

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

___ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (43) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).

___ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Jul 2013) (42 U.S.C. 5150).

___ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

USDA RFP #AG-3144-S-15-0024 Page 13 of 16

_X_ (49) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (50) 52.232-34, Payment by Electronic Funds Transfer— Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (53) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_X__ (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).

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and

Option Contracts) (May 2014) (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) (29 U.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).

_X_ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

_X_ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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

USDA RFP #AG-3144-S-15-0024 Page 14 of 16

$650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

(vii) 52.222-17, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 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.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xi) 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).

(xii) 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).

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 business days.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within _15 days_; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _30_ days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed _5 years_.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

USDA RFP #AG-3144-S-15-0024 Page 15 of 16

This order is comprised of a base period and four 12-month option periods. The total period of performance, in the instance that all options are exercised, is estimated to be March 16, 2015 through March 15, 2020.

(End of Clause)

AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy.

The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(End of Clause)

LOCAL CLAUSE:

Invoicing Procedures:

Invoices shall be submitted electronically through the Invoice Processing Platform (IPP), https://www.ipp.gov/. Additional information regarding what constitutes a proper invoice can be found by reviewing the Prompt Payment Act (31 USC Chapter 32 - PROMPT

PAYMENT ACT).

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporated one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/

52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (JUL 2013)

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN SANCTIONED ACTIVITIES

RELATING TO IRAN--REPRESENTATION AND CERTIFICATION (DEC 2012)

AGAR 452.204-70 INQUIRIES (FEB 1988)

PROVISIONS INCORPORATED BY FULL TEXT

USDA RFP #AG-3144-S-15-0024 Page 16 of 16

AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: equipment locations = Kansas City, Missouri and St. Louis, Missouri.

(End of provision)

52.209-7 Information Regarding Responsibility Matters (JUL 2013)

a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

(END OF CLAUSES AND PROVISIONS)