AG-3151-S-13-0049_Request_for_Proposal.pdf

Solicitation Number: AG-3151-S-13-0049 Page 1 of 17

Solicitation Number:

AG-3151-S-13-0049

Notice Type:

Combined Synopsis/Solicitation

Synopsis:

This is a combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information and attachments included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The Solicitation Number is AG-3151-S-13-0049, Workers’ Compensation Claim Processing and Case Management. This solicitation is issued as a Request for Proposals (RFP). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-69 effective September 3, 2013. This RFP is being issued in accordance with FAR Part 12- Acquisition of Commercial Items, FAR Part 13- Simplified Acquisition Procedures, and FAR Part 19- Small Business Programs.

This acquisition is set aside 100% for Small Business, NAICS code 541612, size standard $14M.

The Government contemplates the award of a single Indefinite Delivery, Indefinite Quantity (IDIQ) with Firm-fixed-price (FFP) Task Orders resulting from this solicitation.

DESCRIPTION OF REQUIREMENT

The United States Department of Agriculture (USDA) provides leadership on food, agriculture, natural resources, rural development, nutrition, and related issues based on sound public policy, the best available science, and efficient management. The Federal authority for providing workers’ compensation for injury and illness claims can be found in the Federal Employees’ Compensation Act (FECA) Title 5, or the United States Code Section 8101-9193, and Title 20 Code of Federal Regulations, 1-25.

The USDA seeks to enter into a Department-wide IDIQ contract with an effective technical and professional services provider for the delivery of timely and efficient processing and managing of Office of Workers’ Compensation Programs (OWCP) claims. Such services will address potential deficiencies in the workers’ compensation program, often associated with significant costs, time loss from work and the delinquency of returning recovered employees back to work. The first Task Order (TO) will be for direct support to the USDA’s Farm and Foreign Agricultural Service, respectively; however, additional TOs may be issued, as required, in support of other USDA agencies, which include the following:

• Forest Service (FS)

• Rural Development (RD)

• Farm Service Agency (FSA)

• Risk Management Agency (RMA)

• Economic Research Service (ERS)

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• Foreign Agricultural Service (FAS)

• National Agricultural Library (NAL)

• Agricultural Research Service (ARS)

• Agricultural marketing Service (AMS)

• Food Safety and Inspection Services (FSIS)

• National Agricultural Statistics Service (NASS)

• National Resources Conservation Service (NRCS)

• National Institute of Food and Agriculture (NIFA)

• Center for Nutrition Policy and Promotion (CNPP)

• Animal and Plant Health Inspection Service (APHIS)

• Grain Inspection, Packers and Stockyards Administration (GIPSA)

A complete list of federal injury and illness cases per agency is available on the Department of Labor website at https://www.osha.gov/dep/fap/fap-inj-ill-stats.html. Offerors are encouraged to consult this website in order to determine their technical approach and pricing strategy for the initial TO response.

Since it is unrealistic to determine what the level of effort may be for future TOs in support of other USDA agencies, we request only pricing at the TO level for USDA-FSA for a twelve month period, from 1 Oct 2013 through 30 September 2014. The government anticipates issuing new twelve month TOs each year for this service if the IDIQ options are exercised. The government anticipates future pricing of TOs to be largely based on the metrics provided at https://www.osha.gov/dep/fap/fap-inj-ill-stats.html and may use these numbers as a basis of estimate when determining price reasonableness on future TOs.

PERIOD OF PERFORMANCE:

The anticipated Base Period of performance for this contract will be as follows:

Anticipated Base Period: October 1, 2013 – September 30, 2014

Option Periods may be exercised based upon the continuing need, past performance, fund availability and at the Government's discretion; and will be as follows:

Anticipated Option Period One: October 1, 2014 – September 30, 2015 Anticipated Option Period Two: October 1, 2015 – September 30, 2016 Anticipated Option Period Three: October 1, 2016 – September 30, 2017 Anticipated Option Period Four: October 1, 2017 – September 30, 2018

PLACE/S OF PERFORMANCE:

100% of the work will be performed off-site at contractor facilities.

RFP QUESTIONS:

Any questions concerning this RFP shall be submitted to the Contracting Office with a subject line of “AG-3151-S-13-0049: Workers’ Compensation RFP” via email to:

Daniel.Bowker@wdc.usda.gov with a cc: to Luis.Gallardo@wdc.usda.gov and Richard.Authier@wdc.usda.gov, by 10:00 a.m. Eastern Standard Time (EST) on September 25, 2013.

https://www.osha.gov/dep/fap/statistics/fedprgms_stats12_final.html https://www.osha.gov/dep/fap/fap-inj-ill-stats.html mailto:Daniel.Bowker@wdc.usda.gov mailto:Luis.Gallardo@wdc.usda.gov

Solicitation Number: AG-3151-S-13-0049 Page 3 of 17

GENERAL INSTRUCTIONS TO OFFERORS:

Proposals submitted in response to this RFP shall be formatted in accordance with the instructions provided. Vendors shall furnish proposals in electronic form for each volume. Each volume shall be submitted as its own document in MS Word or Adobe Acrobat format. Paper proposals shall be separately bound with one original plus 2 copies. The total page count for all volumes of the proposal should not exceed 25 pages. Proposals exceeding the number of pages will be removed from consideration. Cover pages, cover letters, resumes, table of contents, and appendices shall not be included in the page count. Submission of proprietary information is not desired. Each paragraph shall be separated by at least one blank line. A standard Arial or Times New Roman 12 point minimum font applies. Tables and illustrations may use a reduced font not to be less than 8 point font. Margins shall be set at 1”.

The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name and date. Electronic and hard-copy versions of the Offeror's proposal shall be submitted to Daniel.Bowker@wdc.usda.gov Luis.Gallardo@wdc.usda.gov and Richard.Authier@wdc.usda.gov by 10:00 a.m. Eastern Standard Time (EST) on September 27, 2013. The email subject line must be “AG-3151-S-13- 0049: Workers’ Compensation RFP”. The physical delivery address for hard-copy versions is the following address:

Daniel Bowker/Luis E. Gallardo/Richard Authier

USDA/FSA/AMD/COB

Contracting Officer

355 E ST, SW

10TH FLOOR/AMD

WASHINGTON, DC 20024

The contents of each volume shall include a complete discussion of the factors and subfactors identified below:

Volume I -Technical

A. Executive Summary B. IDIQ Technical Approach C. IDIQ Management Approach, including transition plan D. USDA-FSA TO Technical Approach E. USDA-FSA TO Management Approach

Volume II - Past Performance

A. Past Performance Narratives

Volume II - Price

A. Firm Fixed Price for USDA-FSA TO B. Analysis of how costs were derived

VOLUME I:

EXECUTIVE SUMMARY:

mailto:Luis.Gallardo@wdc.usda.gov mailto:Richard.Authier@wdc.usda.gov

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Offerors shall provide a brief narrative of their company, its core competencies, and its history in providing services to the government that are similar to the SOW.

TECHNICAL APPROACH

Provide a clear and detailed approach to executing all SOW requirements in specific regard to meeting the needs of the IDIQ and USDA-FSA TO. Include a discussion on how the approach is scalable and customizable to meet the future needs of the other agencies for which this IDIQ may be used.

MANAGEMENT APPROACH:

Offeror shall include a management plan that outlines its approach for managing this IDIQ vehicle, future task orders as the use of this IDIQ vehicle expands to other USDA agencies, and the USDA-FSA TO, specifically. The plan shall include a discussion on the mechanisms for tracking and reporting the status of deliverables and lines of communication. Clearly outline the proposed staffing requirements for the USDA-FSA TO, the rationale for the approach, and include a discussion of use of potential subcontractors. Include plans to ensure continuity of the project if staff turnover occurs during the task period. Offerors shall provide a discussion on the transition plan and quality assurance plan that is reasonable that will ensure all deliverables in the RFQ are met.

Volume II:

Provide narratives of two past projects of a similar scope to the USDA-FSA Task Order requirement, which can be projected based on an analysis of the data provided at https://www.osha.gov/dep/fap/fap-inj-ill-stats.html. Include a description of the timeliness and quality of services provided and a brief descriptions of how the project(s) relate to this project and how the success of prior projects was determined. This volume shall contain all relevant information regarding past projects, including contract number, value, description, and technical/contracting points of contact’s (POC’s) names, telephone numbers, agency and e-mail addresses. In addition to the past performance references provided, the Government may use data obtained from other sources, such as Federal Past Performance Information (PPI) systems, known existing contracts with other agencies, and other information made available.

Volume III:

Offerors shall provide a firm fixed price to perform the requirements of the attached SOW with specific regard to only the USDA-FSA. The offeror’s price will be evaluated to analyze and assess the accuracy and reasonableness of the proposed price and the realism of the proposed price to the Government’s independent estimate. The proposal will also be used to develop an assessment of risk to the government in making the award; (i.e. as an aid to the Government in determining the offeror’s understanding of the work requirements, the validity of the offeror’s approach to performing the work, and the offeror’s ability to provide high quality uninterrupted work.

EVALUATION OF PROPOSALS:

52.212-2: Evaluation - Commercial Items (Jan 1999) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the best value to the Government- price and https://www.osha.gov/dep/fap/fap-inj-ill-stats.html

Solicitation Number: AG-3151-S-13-0049 Page 5 of 17 other factors considered. Technical and Past Performance, when combined, are significantly more important than Price. However, all subfactors listed under each respective volume are equal in importance to the other subfactors in that volume.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the options. Offers containing any charges for failure to exercise any option will be rejected.

For the purpose of evaluating options, the Government will apply a 2% annual increase to the FSA-TO for evaluation purposes only.

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 contract 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 Provision)

BASIS FOR AWARD:

Unless all offers are rejected, award will be made to the responsible offeror whose offer, conforming to this solicitation, is determined to be the best overall value, price and other factors considered. In determining the best overall response, the combined non-cost/price factors are more important than the price factor; however, price is a significant factor. The Government may select for award the offeror whose price is not necessarily the lowest, but whose technical proposal is more advantageous to the Government and warrants the additional cost.

***This request for proposal does not commit the Government to pay any costs incurred in the submission of any proposal or in making necessary studies for the preparation thereof. Nor does it commit the Government to procure or contract for said services. The Contracting Officer is the only individual who can commit the Government to the expenditure of public funds in connection with this proposed procurement. Offerors are not to expect or assume that opportunities to address any deficiencies, such as incomplete information, will be given.***

MANDATORY INFORMATION TO BE SUBMITTED WITH PROPOSAL:

TO BE CONSIDERED FOR AWARD, THE OFFEROR SHALL SUBMIT A WRITTEN

PROPOSAL IN ACCORDANCE WITH THE INSTRUCTIONS BELOW.

THE OFFEROR IS EXPECTED TO EXAMINE THE ENTIRE RFP DOCUMENT AND

ENSURE THAT THE PROPOSAL IS THE OFFEROR'S COMPLETE AND BEST OFFER

UPON SUBMISSION. ANY EXCEPTIONS TO THE TECHNICAL AND PRICING

REQUIREMENTS SHOULD BE NOTED AND BOLDED WITH YOUR PROPOSAL

SUBMISSION.

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WAGE DETERMINATION

Wage Determination 05-2103 (Rev.-13) is incorporated by reference.

REGISTER OF WAGE DETERMINATIONS UNDER

U.S. DEPARTMENT OF LABOR

WASHINGTON D.C. 20210

Wage Determination No.: 2005-2103 Revision No.: 13 Date of Revision: 06/19/2013

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CONTRACT CLAUSES

FAR 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/, or www.usda.gov/procurement/policy/agar.html

FAR 52.204-7, System for Award Management (Jul 2013)

FAR 52.212-1, Instructions to Offerors—Commercial Items (Jul 2013)

FAR 52.212-4, Contract Terms and Conditions -- Commercial Items (Jul 2013)

FAR 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts (September 2013)

FAR 52.224-1, Privacy Act Notification (Apr 1984)

FAR 52.224-2, Privacy Act (Apr 1984)

AGAR 452.224-70, CONFIDENTIALITY OF INFORMATION (FEB 1988)

FAR 52.237-3, Continuity of Services (Jan 1991)

AGAR 452.237-75, RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

CLAUSES IN FULL TEXT

FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (SEPT 2013)

(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) 52.222-50, 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)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 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:

https://www.acquisition.gov/FAR/ http://www.usda.gov/procurement/policy/agar.html

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_X_ (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).

__ (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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

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

_X_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

_X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 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).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 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).

__ (11) [Reserved] _X_ (12)(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).

__ (13)(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.

__ (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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 (Jul 2010) of 52.219-9.

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__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

_X_ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged

Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program—

Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Nov 2011) (15 U.S.C. 657 f).

_X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013)

(15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned

Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (25) 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_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012)

(E.O. 13126).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)

(29 U.S.C. 793).

_X_ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

_X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order

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

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

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

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__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

_X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (AUG 2011) (E.O. 13513).

_X_ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act

(Nov 2012) (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 (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Nov 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (SEPT 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (43) 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).

__ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (46) 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)).

__ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (48) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (49) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

_X_ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (52)(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.

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(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 Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)

(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

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

(Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment

(Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

_X_ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)

(Pub. L. 110-247).

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

(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.

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(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 (Jul 2013) (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 $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 (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) 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 (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)

(29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 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)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C.

351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 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).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226- 6.

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

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

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(End of clause)

AGAR 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX

DELINQUENT STATUS FOR CORPORATE APPLICANTS

(a) This award is subject to the provisions contained in sections 738 and 739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies.

Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, USDA/FSA may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739, as amended and/or subsequently enacted.

(End of Clause)

FAR 52.216-18, Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from October 1, 2013, through September 30, 2018.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

FAR 52.216-19, Order Limitations (Oct 1995)

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(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $1,300,000.00;

(2) Any order for a combination of items in excess of $1,300,000.00; or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-21, Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

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(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after February 28, 2019.

AGAR 452.216-73, MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $10,000.00, but not in excess of $1,300,000.00.

(End of Clause)

FAR 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 30 days before the contract expires.

FAR 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 30 days from the date of contract expiration; 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 66 months.

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REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFEROR

FAR 52.212-3, Offeror Representations and Certifications—Commercial Items (Aug 2013)

An offeror shall complete only paragraphs (b) of, FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS (AUG 2013), if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of FAR 52.212-3.

AGAR 452.209 –70, REPRESENTATION BY CORPORATIONS REGARDING AN

UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

(a) Awards made under this solicitation are subject to the provisions contained in sections 738 and 739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (P.L. No. 112-55), Division A, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) The Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal or State law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

http://www.acquisition.gov/

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(End of provision)