RFP_SNAP_RSC.pdf

1. SUPPLIES OR SERVICES AND PRICES/COSTS

1.1 This solicitation shall be conducted under FAR Part 12 Commercial Items/Services, in conjunction with FAR Part 15 Contracting by Negotiation, FAR Subpart 16.5 Indefinite-

Delivery Contract and FAR Subpart 19.8 Contracting with the Small Business

Administration (The 8(a) Program).

1.2 The Government will issue delivery orders in accordance with the Ordering clause

52.216-18 and the Indefinite Quantity clause 52.216-22.

1.3. The IDIQ contract will have a 12 month base, plus four (4) twelve (12) month option periods.

1.4. The Firm Fixed Price Task Order will have a 12 month base, plus four (4) twelve (12) month option periods.

MINIMUM AND MAXIMUM ORDERS

1.5 Minimum Order: $1,000,000.00 (The guaranteed minimum that the Government is

Obligated to purchase under this contract).

1.6 Maximum Order: $24,000,000.00 (The contractor is not obligated to honor in excess of the maximum order limitation).

Additional purchases over the minimum up to the maximum will be ordered if and as needed by the Government, but no guarantee exists beyond the minimum.

1.7 IDIQ CONTRACT PRICING:

Provide Labor Categories and Fully Burden Rate per Hour for the base year and all option years.

Labor Category Base Year

Rate per Hour

Option Year 1

Rate per Hour

Option Year 2

Rate per Hour

Option Year 3

Rate per Hour

Option Year 4

Rate per Hour

1.8 TASK ORDER PRICING:

For evaluation purposes only

Insert a price breakdown for labor level of effort and total firm fixed price (FFP) information, as required, in the tables below.

Provide Labor Hours, Labor mix and Total firm fixed price for the base year and all option years and other direct costs (ODCs) as applicable.

(1) Labor Hours/Labor Mix Required to Complete the Task(s).

Labor Category Rate

Discounted off IDIQ rates

Discounted Rate

Proposed Hours Total

Total Hours and FFP $

(2) CLIN Pricing

CLIN CLIN DESCRIPTION CLIN

AMOUNT

SNAP Retailer Service Center Support

SNAP Retailer Data-Intake, Fulfillment, Distribution, Storage and Printing- coordination Support

SNAP Recipient Call Management Operations

004 SNAP Recipient Fulfillment, Distribution, and Storage $

GRAND TOTAL $

(3) Other Direct Costs (ODCs)

Description Quantity Units Price Total

(4) Payment Schedule

CLIN CLIN PAYMENT CLIN

AMOUNT

PAYMENT

AMOUNT

001 $

001.01 $

001.02 $

TOTAL(S) $ $

2. SPECIAL REQUIREMENTS

Quality Control:

The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

The Contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. Three copies of a comprehensive QCP shall be submitted to the CO and COR within 5 working days when changes are made thereafter. After acceptance of the quality control plan the Contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

Quality Assurance:

The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

Security:

The Vendor shall be responsible for properly protecting all information used, gathered, or developed as a result of this contract. The Vendor shall implement procedures that ensure appropriate administrative, technical, and physical safeguards are established for the security and confidentiality of government information, data, and/or equipment. The Vendor’s procedures shall be consistent with Government, OMB Circular A-130, Management of Federal Information Resources, the Computer Security Act of 1987, the Federal Information Security Management Act of 2002 (FISMA), and the Privacy Act. In addition, during all activities and operations on government premises, the Vendor shall comply with the policies, rules, procedures and regulations governing the conduct of personnel or protection of government facilities and data as expressed by USDA, written or oral.

(a) Sensitive Information Storage and Disclosure

Sensitive-but-Unclassified (SBU) information, data, and/or equipment will be disclosed only to authorized personnel on a Need-To-Know basis. The holder shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, and/or equipment is properly protected. When no longer required, this information, data, and/or equipment will be returned to Government control; destroyed; or held until otherwise directed. Destruction of items shall be accomplished by tearing into small parts; burning; shredding or any other method that precludes the reconstruction of the material, consistent with GSA guidelines.

(b) Protection of Information

All information about the USDA networks and/or the security posture of any USDA information asset gathered or created under this contract will be considered SBU information.

It is anticipated that this information will be gathered, created and stored within the primary Government work location. If the Vendor personnel must remove any information from the primary work area they should protect it to the same extent they would their proprietary data and/or company trade secrets. If the Vendor must remove any materials from the primary work location prior approval must be obtained from the COR.

(c) Security and Privacy

The use of any information that is subject to the Privacy Act will be utilized in full accordance with all rules of conduct as applicable to Privacy Act Information.

(d) Security Classification

The preparation of the deliverables under this contract will be completed at a Sensitive-But- Unclassified (SBU) level unless otherwise stated, in writing, by the COR.

(e) Facility Access

All Vendor personnel who work at the USDA/FNS site must have approval for facility access;

the Vendor must supply the names and other required information of those employees selected to perform the work to the COR.

(f) Special Requirements

All work performed must meet and comply with all National Institute of Standards & Technology (NIST), other government-wide laws and regulations, and USDA and OCIO (Office of the Chief Information Officer) directives, guidelines, and requirements for protection and security of Information Technology. Such directives and guidelines include, but are not limited to:

• Computer Security Act of 1987

• Federal Information Security Management Act (FISMA)

• OMB Circular A-130, Management of Federal Information Resources

• Presidential Directive Decision 63, Critical Infrastructure Protection (CIP)

• Presidential Directive Decision 67, Enduring Constitutional Government and

Continuity of Government Operations

• Homeland Security Presidential Directive 7

• NIST’s Guide for Developing Security Plans for Information Technology

Systems (Special Publication 800-18)

• U.S. Government “Plain Language” Guidelines

• http://www.ocio.usda.gov/directives/files/dm/DM3535-000.htm http://www.ocio.usda.gov/directives/files/dm/DM3535-000.htm

(g) Confidentiality and non-Disclosure

The Vendor may have to access proprietary information and shall be required to sign non-disclosure and conflict of interest statements. The preliminary and final deliverables and all associated working papers, and other material deemed relevant by the agency that have been generated by the Vendor are the property of the U.S. Government and cannot be reproduced, or retained by the Vendor. When no longer required, this information, data, and/or equipment will be returned to Government control. All documents and information pertaining to network vulnerabilities, security policy, operational procedures or related functions shall be maintained under absolute accountability and relinquished to the COR upon completion of the contract.

Personnel Security Clearance Requirements-Sensitive-But Unclassified (SBU)

Materials:

The contract provision set forth below covers the basic security standards for Sensitive-But- Unclassified (SBU) work.

(a) General

(1) The Government anticipates that the work to be performed under this contract may involve access to SBU materials and non-sensitive materials. SBU materials may include, but are not limited to: computer systems and information, Privacy Act protected information, and FNS proprietary information. Duplication or disclosure of the data and other information to which the Vendor may have access as a result of this contract is prohibited by Public Law.

(2) In general, services performed by Vendor personnel may fall within three (3) “risk” categories as described below:

(A) High Risk (MBI): Contract personnel with network administrative rights.

(B) Moderate Risk (NACI): All other contract personnel with access to SBU FNS data or information.

(C) Low Risk (Fingerprint): Contract personnel performing less than 180 days.

(b) Types and Number of Background Investigations Required

(1) Work performed under the contract may fall within one or more of the risk categories defined in paragraph (a)(2) above. As a result, the Vendor’s personnel must undergo a background investigation. The type of background investigation required will be commensurate with the risk factor associated with the duties of each position and the type of access required. Prior to award of the contract, the Contracting Officer’s Representative (COR) will determine the exact number and types of background investigations that may be required for all Vendor positions. For planning purposes, the Government estimates that the following number and types of background investigations will be needed:

Risk Category Number of Investigations Needed High Risk (MBI) To be determined at the Task Order level Moderate Risk (NACI) To be determined at the Task Order level Low Risk (fingerprints) To be determined at the Task Order level.

(Primarily applies if Vendor personnel are stationed at a Government work location.)

(2) The Vendor will not be permitted to commence performance under the contract until a sufficient number of its personnel, as determined by the COR, have received requisite background investigations. A “Background Investigation Request” form (FNS-775) must be completed by the COR and submitted to the Contract Management Division (CMD) for processing.

(3) During the life of this contract, the Vendor shall ensure that no Vendor or sub Vendor employee commences performance hereunder prior to receipt of authorization from the Contracting Officer or COR.

(c) Background Investigations Requirements

The minimum investigative requirements are as follows:

(1) High Risk Positions:

The background investigation shall be an MBI (Minimum Background Investigation). The MBI includes a NACIC, a face-to-face personal interview between the investigator and the subject, and telephone inquiries to selected employers.

(2) Moderate Risk Positions:

The background investigation shall be a NACI (National Agency Check and Inquiries). The NACI consists of a NAC, written inquiries and record searches covering specific areas of a subject’s background during the past 5 years.

(3) Low Risk Positions:

The background investigation shall be a Federal Bureau of Investigation Name and Fingerprint check.

(d) Separation/Termination of Vendor Employees/Completion of Contract

At the completion of the contract or separation/termination of any Vendor employee, a “Government Vendor Separation Checklist” (FNS-774) must be completed and signed by the COR and Contracting Officer.

FNS Computer System Access:

To perform this contract the Vendor may require computer access to FNS systems. As necessary, the Vendor shall notify the COR in writing when a Vendor employee requires any type of computer access. The COR shall provide form FNS-674, Computer System Access Request, to the Vendor. The Vendor shall complete the form, obtain approval from the COR, and submit the form to the FNS Security Office staff. The Vendor shall notify FNS when computer system access for employees can be terminated. Written notification to terminate computer access shall be provided by the Vendor to the COR and to the FNS Security Office staff immediately upon termination of any Vendor employee removed from this contract or when access is no longer required. Immediately upon completion of the contract the Vendor shall provide a complete listing of all Vendor employees given access to FNS computer systems with a statement that computer access shall be terminated and complete a “Government Vendor Separation Checklist” for each Vendor employee. All notifications shall be provided to the COR and the FNS Security staff listed below:

Office of Information Technology Information Security Office 3101 Park Center Drive, Room 317 Alexandria, VA 22302, (703) 305-2242

Additionally, ALL new contract employees accessing FNS’ systems and/or sensitive data are required to complete Security Training in the OIT Training Room, 3rd floor, prior to obtaining computer and sensitive data access. This training shall be coordinated with the COR. A disk or hard copy of the security training may be sent to Vendors whose staffs are performing at off-site locations.

Section 508 – Accessibility of Electronic and Information Technology:

(a) This requirement 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.

To access more information regarding Section 508: http://www.access-board.gov/sec508/standards.htm.

Data Rights:

The Government has unlimited rights to all programs/documents/materials produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

Organizational Conflict of Interest:

Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the http://www.access-board.gov/sec508/standards.htm http://www.access-board.gov/sec508/standards.htm

Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

ADP Compatibility:

The Vendor agrees to comply with both the U.S. Department of Agriculture’s (USDA) and the Food and Nutrition Services’ (FNS) ADP system security requirements to the extent necessary to meet the requirements of the work herein. All databases created and maintained by the Vendor shall have proper validation and control techniques, and all ADP resources, including data tapes, which become the property of the Government shall be fully documented, both in source code (if any) and written materials. Software documentation shall include, as appropriate (in the determination of the COR), flowcharts; textual explanation of subroutines, processes, and algorithms; screens; and other materials as necessary to ensure that a programmer conversant with the language may maintain the software. Database documentation shall include: variable names and labels; variable locations the source of each data item; the formulas used to compute or transform variables, if any, database structure and relationship; a printout of the data or first 50 pages. Further, all data tapes must be compatible with FNS ADPE. FNS currently performs its computing applications using the MS Windows 7 operating system. Work performed under this contract may require transfer of limited data and text files, as well as extensive data tapes.

Optimum effort shall be general ease of use by FNS personnel of these transferred data tapes and CD-ROM/DVD. In particular, all physical storage media must be on CD-ROM/DVD formatted to be used with MS Windows 7 compatible software/applications and must be accompanied by accessing and format information. In addition, there may be occasion where some task deliverables will be significantly enhanced by inclusion of data on CD-ROM/DVD, thus allowing further processing and manipulation by FNS staff. Collaboration between the Vendor and the responsible FNS official concerning appropriate computer deliverables may occur during performance of this contract, as appropriate.

Printing:

Unless otherwise specified in this contract, the Vendor shall not engage in, nor subcontract for, any printing (as that term is defined in Title I of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract. Provided, however, that performance of a requirement under this contract involving the duplication of less than 5,000 units in the aggregate of multiple pages, will not be deemed to be printing. For the purpose of this paragraph, such pages may not exceed a maximum image size of 10 3/4 by 14 1/4 inches.

Paperwork Reduction Act:

In the event that it becomes a contractual requirement to collect identical information from ten or more public respondents, the Paperwork Reduction Act, 44 U.S.C., 3501 et seq., shall apply to this contract. In such an event, the Vendor shall not expend any funds to take any other action whatsoever to solicit information from any of the public respondents until the Contracting Officer has notified the Vendor in writing that the required Office of Management and Budget clearance has been obtained. The Vendor shall provide to the Contracting Officer's Representative (COR) or to the Contracting Officer such information as will facilitate obtaining such clearance.

3. CONTRACT ADMINISTRATION

Post Award Conference:

Within two weeks after contract award, the contractor shall contact the contract specialist and hold a telephone discussion about scheduling the orientation meeting, the agenda and decide who will attend the meeting. Within two weeks of the award of this contract, the contractor shall meet with FNS staff in Alexandria, Virginia or teleconference. The purpose of this meeting is to refine expectations for the project, initiate working relations, review the contract Study Plan, address any challenges to design approach and/or data collection, and review the schedule of deliverables.

Within one week after the orientation meeting, the contractor shall submit to FNS an electronic copy of the draft Summary Memorandum documenting the discussion. It shall summarize the meeting, including an elaboration of project objectives, decisions reached, and identification of any outstanding issues and strategies for resolving them. The final meeting summary (in electronic form) shall incorporate FNS’s comments and be provided to FNS within one week of receiving FNS feedback.

(a) The Contracting Officer is the only person authorized to approve changes in any of the requirements of the contract. This authority remains solely with the Contracting Officer. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

(b) Only the Contracting Officer or Contract Specialist with authority may contact the contractor to discuss costs and/or technical requirement changes to the contract.

(c) Contact from other government employees could result in unauthorized commitments.

Government representatives who are working on, or asked to work on, a particular contractual issue should inform and coordinate the activity with the Contracting Officer or COR. The COR must be a part of all contacts and meetings with the contractor that pertain to scope or cost. Depending on the nature of the meeting, the COR must also give advance notification to the Contracting Officer or Contract Specialist. All contacts with the contractor must be documented and retained with the COR’s contract correspondence file. As deemed appropriate, one copy must be forwarded to the Contracting Officer. Examples of documented contacts are providing technical direction, work plan instructions, deliverable rejection, potential changes to the Performance Based Work Statement or delivery schedule, costs and subcontractor or consultant recommendations.

(d) The contractor shall designate one individual to be contacted during the period of the contract for handle contract administration in a prompt and timely manner:

Name:* Title:* Phone:* Email:* *to be completed by Contractor

(e) Contracting Officer (CO):

Lawrence Williams Food and Nutrition Service Contracts Management Division 3101 Park Center Drive Alexandria, VA 22302

(f) Contracting Officer’s Representative (COR):

Claudia Mazurett Food and Nutrition Service Supplemental Nutrition Assistance Program (SNAP) 3101 Park Center Drive Alexandria, VA 22302

Contracting Officer’s Representative (COR):

Definitions:

“Contracting Officer’s Representative” – The Contracting Officer’s Representative (COR) is designated by the Contracting Officer, in writing, and is contract order specific. The COR is the technical representative for all technical requirements of the specific contract.

“Contracting Officer” – The Contracting Officer (CO) is the exclusive agent of the Government with the authority to enter into, and administer contracts. Thus, the CO has the responsibility to see that all requirements of the law and regulation are followed. However, as the CO’s representative, the COR is delegated the authority to monitor the technical effort being performed under the contract. The CO is the only individual with authority to enter into, administer, or terminate contracts. The CO ensures performance of all necessary actions for effecting contracting, ensuring compliance with the terms of the contract and safeguarding the interests of the United States in its contractual relationships.

The COR is not authorized nor has authority to:

• Award, agree to, or sign any contract, delivery order or task order. All contractual agreements, commitments, or modifications shall be made only by the CO.

• Make any commitments or otherwise obligate the Government, or to make any changes to the contract.

• Grant deviations from or waive any of the terms and conditions of the contract.

• Impose or place a demand upon the contractor to perform any task or permit any substitution not specifically provided for in the contract.

• Increase the dollar limit of the contract, or authorize work beyond the dollar limit of the contract, or authorize the expenditure of funds.

• Give direction to the contractor or to the employees of the contractor except as provided for in the contract.

• Change the period of performance.

• Authorize the purchase of equipment, except as required under the contract.

• Authorize the furnishing of Government property, except as required under the contract.

• Authorize subcontracting or the use of consultants.

• Approve shifts of funding between line items of the budget.

• Approve travel and relocation expense over and above that provided for in the contract.

• Authorize the use of overtime.

When, in the opinion of the contractor, the COR requests effort outside the existing scope of work, the contractor shall promptly notify the contracting officer in writing. No action shall be taken by the contractor under such direction until the contracting officer has issued a modification to the contract; or until the issue has been otherwise resolved.

CONTRACTOR PERFORMANCE ASSESSMENT RATING SYSTEM (CPARS)

(a) Pursuant to FAR 42.1502, this contract is subject to CPARS (if over $150,000). CPARS is an automated centralized information system accessible via the internet that maintains reports of contractor performance for each contract. CPARS is located at http://nslcptsmh.navsea.navy.mil/. Further information on CPARS is available at the website.

(b) Under CPARS, the Government will conduct annual evaluations of the contractor’s performance. The contractor has thirty (30) days after the Government’s evaluation is completed to comment on evaluation. The opportunity to review and comment is limited to this time period and will not be extended. Failure to review the report at this time will not prevent the Government from using the report.

(c) The contractor may request a meeting to discuss the CPAR. The meeting is to be requested via-e-mail to the CPARS Program Manager no later than seven days following receipt of the CPAR. A meeting will then be held during the contractor’s 30-day review period.

(d) The CPARS system requires the Government to assign the contractor a UserID and password in order to view and comment on the evaluation. Provide the name(s) of at least one individual (not more than three) that will be assigned as your Contractor Representative for CPARS.

Name Phone E-mail Address http://nslcptsmh.navsea.navy.mil/

Submission of Invoices:

(a) Invoices shall be submitted to: http://www.ipp.gov/vendors/index.htm in accordance with the “Authorized Payment Schedule” for each contract/task/order. To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

1. Name and address of the business concern;

2. Invoice number and invoice date;

3. Contract number, Delivery Order number, Purchase Order number, Task Order number, or other authorization for delivery of property or services actually delivered or rendered;

4. Description, unit price, extended price, and quantity of property and services actually delivered or rendered with supporting documentation (i.e. travel receipts, etc.).

5. Shipping and payment terms;

6. Name, title, phone number, and complete mailing address of responsible official to whom payment is to be sent;

7. A certification statement saying that the funds have only been used for work for this contract;

8. Name, title, phone number, and mailing address of person to notify in the event of a defective invoice;

9. Taxpayer Identification Number (TIN) or DUNS+4; and

10. Contractors MUST note FINAL INVOICE on the final invoice when submitted upon final delivery of all supplies/equipment or completion of the contract. USDA and the Invoice Processing Platform (IPP) – http://www.ipp.gov/vendors/index.htm

The IPP is a government-wide secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS).

One-time enrollment in IPP means that you will receive a series of e-mails from Treasury services. The first email will have the IPP Logon ID and link to the IPP application. A second e-mail, containing the password will be sent within 24 hours. Once you receive these emails, please login to the IPP application and complete the registration process.

Benefits of registering with IPP include the ability for your company to create invoices directly from a contract award and submit them electronically, as well as:

• e-mail notification when invoice(s) are paid

• online payment history

• remittance download

The e-mail notification of payment is sent when a payment is distributed to your bank account and will include all pertinent payment information. Attached is a list of contract awards that will be processed via IPP.

http://www.ipp.gov/vendors/index.htm http://www.ipp.gov/vendors/index.htm

The IPP Customer Support Desk is available to assist users Monday through Friday (excluding bank holidays) from 8:00AM - 6:00PM ET, including answering any questions related to accessing IPP or completing the registration process. Their toll-free number is 866-973-3131 or they can be reached at: IPPCustomerSupport@fms.treas.gov. If you have any questions or concerns, please contact the Controller Operations Division Help Desk at: 1-877-243-3072 or via e-mail at: cod.help@usda.gov.

4. CLAUSES

4.1 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 address:

http://www.arnet.gov/far/.

52.212-4 Contract Terms and Conditions—Commercial Items (May 2015) Addendum to 52.212-4

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Sep 2013)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

452.204-71 Personal Identity Verification of Contract Employees (Oct 2007)

AGAR 452.209 – 71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants

AGAR 452.237-75 Restrictions Against Disclosure (FEB 1988)

4.2 Clauses Incorporated In Full Text:

52.216-18 Ordering.

As prescribed in 16.506(a), insert the following clause:

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 August 26, 2015 through August 25, 2020.

(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.

mailto:IPPCustomerSupport@fms.treas.gov mailto:cod.help@usda.gov http://www.arnet.gov/far/ https://acquisition.gov/far/current/html/Subpart%2016_5.html#wp1093261

(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.

(End of clause)

52.216-19 Order Limitations.

As prescribed in 16.506(b), insert a clause substantially the same as follows:

ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000,000.00, 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 $24,000,000.00;

(2) Any order for a combination of items in excess of $24,000,000.00; or

(3) A series of orders from the same ordering office within 730 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity.

As prescribed in 16.506(e), insert the following clause:

INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

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(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after August 25, 2020.

(End of clause)

52.217-8 Option to Extend Services.

As prescribed in 17.208(f), insert a clause substantially the same as the following:

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 10 days.

(End of clause)

52.217-9 Option to Extend the Term of the Contract.

As prescribed in 17.208(g), insert a clause substantially the same as the following:

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 10 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.

https://acquisition.gov/far/current/html/Subpart%2017_2.html#wp1078175 https://acquisition.gov/far/current/html/Subpart%2017_2.html#wp1078175

(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.

(End of clause)

AGAR 452.237-74 – KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) 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 substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. (MAY 2015)

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

___(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__X_(2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

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

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

___(5) [Reserved]

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

_X_ (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's 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).

__(10) [Reserved]

__ (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 (OCT 2014) (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]

_X_(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 (JUN 2003) (15 U.S.C.

644).

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

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

_X_ (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.

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

_X_(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. 657f).

__X__ (22) 52.219-28, Post Award Small Business Program Representation (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)).

__ (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 (JUN 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 (APR 2015).

__X_ (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

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

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

793).

_X_(31) 52.222-37, Employment Reports on Veterans (July 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).

__X _(33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__X_ (34) 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.)

___(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.)

__(36)(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.

__(37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

___(38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__(39)(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_(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

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

___(42)(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.

____(43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___(44) 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).

___(45) 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).

___(46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C.

5150).

___(47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

___(48) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.4505, 10 U.S.C. 2307(f)).

___(49) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C.4505, 10 U.S.C. 2307(f)).

_X_ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) (31 U.S.C. 3332).

__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

__ (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

___(53) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___(54)(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: [Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

_X__(2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

___(3) 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_(4) 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).

___(5) 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).

___(6) 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).

___(7) 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).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O.

13658).

___(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

___(10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 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…