Solicitation_Adobe_Final_storage_and_Mainenance_-_Copy.pdf

Solicitation AG-32KW-S-16-0057

Offeror Notes:

A. The Government anticipates multiple contract awards to ensure storage/maintenance/response storage facilities are available in geographically disperse areas of the country. If contractor’s proposal includes services at more than one contractor facility contractor must list applicable locations and, if pricing is unique per location, must submit separate price proposals per each location.

B. This will be a Firm-Fixed Price (FFP) per unit Indefinite Delivery Indefinite Quantity (IDIQ) contract for all CLINS per the attached statement of work. Amounts listed are only estimates and contractor will only be paid for quantities actually ordered. Orders will be incrementally funded at a not-to-exceed amount and funding will be increased or decreased as necessary. Contract award does not guarantee task orders for maintenance/storage beyond guaranteed minimum amount as the Government reserves the right to move equipment from one contractor facility to another to meet mission needs, etc.

C. Task orders will be issued for necessary services based upon labor position hourly rates and equipment /hourly rates supplied by contractors for disposable supplies that may be provided for necessary training event and/or emergency response.

D. For the CLINS below assume one unit of each line item for pricing purposes. For example the proposed unit price x 12 months = Total amount for that line item per unit. However, it is anticipated that most equipment will be stored in groups of 2 to 4.

E. Invoices for storage/maintenance costs shall be submitted and paid quarterly only. The monthly pricing is required below only for invoice purposes since equipment may be moved during a quarter billing cycle. Invoices for training events and emergency mobilizations can be submitted immediately following the event.

F. See Statement of Work (SOW) for specifics of the maintenance/inspection requirements for each type of equipment. These are the types of equipment currently that is anticipated to be stored at contractor facility during the period of performance of this contract. However, the Government reserves the right to add additional animal emergency response equipment to this list if necessary during this contract. If required, the equipment storage/maintenance/inspection price will be negotiated at that time.

G. If it becomes necessary to add potential storage sites for any reason during the period of performance of this contract the Government reserves the right to solicit for additional contractors to fulfill the Government requirements.

H. Contractors working on premises will be required to have a minimum of two personnel certified and trained for Self Contained Breathing Apparatus (SCBA) if required during Virus Elimination activities.

I. The prime contractor is responsible to ensure that all of their subcontractors are trained and certified.

All subcontractors must have all the same qualifications required for all hazard responders. Contractors must also obtain approval to hire any subcontractor personnel within the local area of operations or personnel from temporary employment agencies without prior approval from the contracting officer. Contractor must submit their subcontractor plan to the contracting officer for approval. Background investigations are required on all contractors.

II. SF1449 CONTINUATION: SCHEDULE OF SERVICES: AG-32KW-S-16-0057

BASE YEAR: 11/01/2016 THROUGH 10/31/2017

PRICE SCHEDULE FOR MAINTENANCE/STORAGE/INSPECTION OF EQUIPMENT:

001 Maintenance, Depopulation services and Storage of the following Government Furnished Property (GFP) per attached Statement of Work:

Non-Layers (1 Supervisor, and 15 laborers. The duties of each is broken down below. In addition Contractor must provide an 8 hour daily Rate and a 12 Hour daily Rate

1 Hourly Rate/Overtime Rate Quantity Title Hourly Labor Rate Overtime Labor Rate 1 Foam Crew

Supervisor

5 Equipment Operator’s

1 Safety Officer

6 Penning Crew

3 Decontamin ation Crew

8 and 12 hour Daily Rate Quantity Title 8 Hourly Daily Rate 12 Hour Daily Rate

Layers (1 Supervisor, and 8 laborers. The duties of each is broken down below. All personnel are SCBA certified.

1 Hourly Rate/Overtime Rate

Quantity Title Hourly Labor Rate Overtime Labor Rate

Quantity Title 8 Hour Daily Rate 12 Hour Daily Rate 1 Supervisor

4 Setup crew

1 Safety officer

3 Decon team

Contractor must provide the rate for the equipment based on the average storage cost. All equipment will be maintained on a quarterly basis.

Equipment Monthly Storage Cost Quarterly Storage Cost

Kifco Avi-Foam Units

NC Portable Foam Units

Kifco Nozzle foam unit

Wedge Trailers

Foam (5 & 55 gallon containers)

Cattle Panel and Gates

1 Supervisor

4 Setup crew

Mobile Corrals

C02 Carts

Cattle head gate/squeeze chutes

Swine panel and gates

Swine working chute

24ft Response trailer

Maintenance cost will be the hourly rate for the number of personnel required to conduct the maintenance for the hours indicated that it takes to perform the maintenance. .

Equipment Type Maintenance Cost Maintenance hrs. to conduct Kifco Avi-Foam Units • 2 hours to perform

Maintenance

• 2 Personnel per unit

• 2 hours to perform Maintenance

2 Personnel per unit

Foam (5 & 55 gallon containers) 0

No Maintenance Required

Cattle Panel and Gates • 1 hours to perform Maintenance

• 1 Personnel per Set

Mobile Corrals • 1 hours to perform Maintenance

1 Personnel per Set

• 30 minutes

• 1 person per 6 units

Cattle head gate/squeeze chutes

• 1 hour to perform

• 2 person per unit

• 2 personnel per unit

• 4 hours to perform

• 2 Personnel per unit

Maintenance Includes the trailer and all items inside the trailer and the trailer

ADDITIONAL CLINS:

002 Repair, Reconditioning and Reconfiguring of Equipment per SOW. Contractor will provide price proposal when repair, reconditioning and reconfiguration services are necessary. Proposal must be approved by

USDA Contracting Officer before effort can commence. Note: This is repair beyond normal maintenance (i.e.

oil change, greasing equipment, tire pressure checks) which is included in CLIN 001 FFP costs per unit.

(Optional Task) NTE Amount:___________ (per incident)

003 Miscellaneous Equipment Services:

003A: Deploy, Stage and Load Equipment in preparation of transportation to different site (emergency or otherwise) and restocking after deployment. This CLIN is only for when third party is using the equipment and not contractor. When contractor is deploying equipment these costs will be included in price proposal for training events or emergency response services (see CLINS 004, 005 and 006 below).

(Optional Task) NTE Amount:___________ (per incident)

003B: Shipping Charges: To Be Determined at time due to fluctuation in fuel costs. When contractor is deploying equipment these costs will be included in price proposal for training events or emergency response services (see CLINS 004, 005 and 006 below). (Optional Task) NTE Amount:___________ (per incident)

003C: Disposal Costs as may be necessary for Government Furnished Equipment (GFE) that is beyond repair.

(Optional Task) NTE Amount:___________ (per incident)

004 Training Event (Contractor Facility): At time of acceptance (or during other intervals as agreed upon while equipment is stored at contractor site) contractor may be asked to participate in equipment storage/inspection/maintenance training event. In this case, the contractor will be asked to submit a price quote for hours/labor rates of participants and any other direct costs of the event. Labor and Equipment Rates must be in accordance with rates submitted by Contractor and accepted by Government to form this contract and task order will be issued for agreed costs of event. (Optional Task) NTE Amount:___________ (per incident)

005 Training Event (Off-site): The Government periodically conducts training events at 3rd party locations (i.e. other contractor site or government facility). If attendance at these training events is required the contractor must submit a price quote detailing labor positions/hourly rates for those who will attend; travel costs (in accordance with federal travel regulation rates); and direct costs for equipment that may be required at event.

Labor and Equipment Rates must be in accordance with rates submitted by Contractor and accepted by Government to form this contract. Task order will be issued for agreed costs of event. (Optional Task) NTE Amount:___________ (per incident)

006 Emergency Response Services: Contractor may be needed for emergency response services. If an emergency response is needed the Contracting Officer will request price quotes from as many contractors as feasible based on the geographic location of the emergency event and urgency of the response. To be considered for the emergency response the contractor must submit a price quote detailing labor categories/rates and estimated hours as well as equipment usage rates and any other direct costs which would be necessary for response. Labor and Equipment Rates must be in accordance with rates submitted by Contractor and accepted by Government to form this contract Task order will be issued for agreed costs of event. Contractor must provide all required services to complete a poultry depopulation. These services will include but not be limited to facility preparation, penning and compression of birds in all houses, setup of clean/dirty line for equipment and personnel decontamination, setup and operation of all foam equipment. After depopulation activities are complete all penning materials must be removed and properly disposed of, all equipment must be completely cleaned and disinfected and prepared for the next operation. Contractor shall supply quotes within 48 hrs. after receiving the request from the Government. (Optional Task) NTE Amount:___________ (per incident)

OPTION YEAR ONE: 11/01/2017 - 10/31/2018

PRICE SCHEDULE FOR MAINTENANCE/STORAGE/INSPECTION OF EQUIPMENT:

101 Maintenance, Depopulation services and Storage of the following Government Furnished Property (GFP) per attached Statement of Work:

Non-Layers (1 Supervisor, and 15 laborers. The duties of each is broken down below. In addition Contractor must provide an 8 hour daily Rate and a 12 Hour daily Rate

1 Hourly Rate/Overtime Rate Quantity Title Hourly Labor Rate Overtime Labor Rate

Layers (1 Supervisor, and 8 laborers. The duties of each is broken down below. All personnel are SCBA

1 Hourly Rate/Overtime Rate Quantity Title Hourly Labor Rate Overtime Labor Rate 1 Supervisor

4 Setup crew

1 Supervisor

4 Setup crew

Contractor must provide the rate for the equipment based on the average storage cost. All equipment will be

Equipment Type Maintenance Cost Maintenance hrs. to conduct Kifco Avi-Foam Units • 2 hours to perform

Maintenance

2 Personnel per unit

Foam (5 & 55 gallon containers) 0

No Maintenance Required

Cattle Panel and Gates • 1 hours to perform

• 1 Personnel per Set

Mobile Corrals • 1 hours to perform Maintenance

• 2 Personnel per unit

Maintenance Includes the

102 Repair, Reconditioning and Reconfiguring of Equipment per SOW. Contractor will provide price proposal when repair, reconditioning and reconfiguration services are necessary. Proposal must be approved by USDA Contracting Officer before effort can commence. Note: This is repair beyond normal maintenance (i.e.

oil change, greasing equipment, tire pressure checks) which is included in CLIN 101 FFP costs per unit.

(Optional Task) NTE Amount:___________ (per incident)

103 Miscellaneous Equipment Services:

003A: Deploy, Stage and Load Equipment in preparation of transportation to different site (emergency or otherwise) and restocking after deployment. This CLIN is only for when third party is using the equipment and not contractor. When contractor is deploying equipment these costs will be included in price proposal for training events or emergency response services (see CLINS 104, 105 and 106 below). (Optional Task) NTE Amount:___________ (per incident)

103B: Shipping Charges: To Be Determined at time due to fluctuation in fuel costs. When contractor is deploying equipment these costs will be included in price proposal for training events or emergency response services (see CLINS 104, 105 and 106 below). (Optional Task) NTE Amount:___________ (per incident)

0103C: Disposal Costs as may be necessary for Government Furnished Equipment (GFE) that is beyond repair.

(Optional Task) NTE Amount:___________ (per incident) 104 Training Event (Contractor Facility): At time of acceptance (or during other intervals as agreed upon while equipment is stored at contractor site) contractor may be asked to participate in equipment storage/inspection/maintenance training event. In this case, the contractor will be asked to submit a price quote for hours/labor rates of participants and any other direct costs of the event. Labor and Equipment Rates must be in accordance with rates submitted by Contractor and accepted by Government to form this contract and task order will be issued for agreed costs of event. (Optional Task) NTE Amount:___________ (per incident)

105 Training Event (Off-site): The Government periodically conducts training events at 3rd party locations (i.e. other contractor site or government facility). If attendance at these training events is required the contractor must submit a price quote detailing labor positions/hourly rates for those who will attend; travel costs (in accordance with federal travel regulation rates); and direct costs for equipment that may be required at event.

Labor and Equipment Rates must be in accordance with rates submitted by Contractor and accepted by Government to form this contract. Task order will be issued for agreed costs of event. (Optional Task) NTE Amount:___________ (per incident)

106 Emergency Response Services: Contractor may be needed for emergency response services. If an emergency response is needed the Contracting Officer will request price quotes from as many contractors as feasible based on the geographic location of the emergency event and urgency of the response. To be considered for the emergency response the contractor must submit a price quote detailing labor categories/rates and estimated hours as well as equipment usage rates and any other direct costs which would be necessary for response. Labor and Equipment Rates must be in accordance with rates submitted by Contractor and accepted by Government to form this contract Task order will be issued for agreed costs of event. Contractor must provide all required services to complete a poultry depopulation. These services will include but not be limited to facility preparation, penning and compression of birds in all houses, setup of clean/dirty line for equipment and personnel decontamination, setup and operation of all foam equipment. After depopulation activities are complete all penning materials must be removed and properly disposed of, all equipment must be completely cleaned and disinfected and prepared for the next operation. Contractor shall supply quotes within 48 hrs. after receiving the request from the Government. (Optional Task) NTE Amount:___________ (per incident)

OPTION YEAR TWO: 11/01/2018 THROUGH 10/31/2019

PRICE SCHEDULE FOR MAINTENANCE/STORAGE/INSPECTION OF EQUIPMENT:

201 Maintenance, Depopulation services and Storage of the following Government Furnished Property (GFP) per attached Statement of Work:

Hourly Rate/Overtime Rate

Layers (1 Supervisor, and 8 laborers. The duties of each is broken down below. All personnel are SCBA

Hourly Rate/Overtime Rate

1 Supervisor

4 Setup crew

1 Supervisor

4 Setup crew

Contractor must provide the rate for the equipment based on the average storage cost. All equipment will be maintained on a quarterly basis.

Equipment Type Maintenance Cost Maintenance hrs. to conduct

Maintenance

2 Personnel per unit

Foam (5 & 55 gallon containers) 0

No Maintenance Required

Cattle Panel and Gates • 1 hours to perform

• 1 Personnel per Set

Mobile Corrals • 1 hours to perform Maintenance

• 2 Personnel per unit

Maintenance Includes the

202 Repair, Reconditioning and Reconfiguring of Equipment per SOW. Contractor will provide price proposal when repair, reconditioning and reconfiguration services are necessary. Proposal must be approved by USDA Contracting Officer before effort can commence. Note: This is repair beyond normal maintenance (i.e.

oil change, greasing equipment, tire pressure checks) which is included in CLIN 201 FFP costs per unit.

(Optional Task) NTE Amount:___________ (per incident)

203 Miscellaneous Equipment Services:

003A: Deploy, Stage and Load Equipment in preparation of transportation to different site (emergency or otherwise) and restocking after deployment. This CLIN is only for when third party is using the equipment and not contractor. When contractor is deploying equipment these costs will be included in price proposal for training events or emergency response services (see CLINS 204, 205 and 206 below). (Optional Task) NTE Amount:___________ (per incident)

203B: Shipping Charges: To Be Determined at time due to fluctuation in fuel costs. When contractor is deploying equipment these costs will be included in price proposal for training events or emergency response services (see CLINS 204, 205 and 206 below). (Optional Task) NTE Amount:___________ (per incident)

203C: Disposal Costs as may be necessary for Government Furnished Equipment (GFE) that is beyond repair.

(Optional Task) NTE Amount:___________ (per incident)

204 Training Event (Contractor Facility): At time of acceptance (or during other intervals as agreed upon while equipment is stored at contractor site) contractor may be asked to participate in equipment storage/inspection/maintenance training event. In this case, the contractor will be asked to submit a price quote for hours/labor rates of participants and any other direct costs of the event. Labor and Equipment Rates must be in accordance with rates submitted by Contractor and accepted by Government to form this contract and task order will be issued for agreed costs of event. (Optional Task) NTE Amount:___________ (per incident)

205 Training Event (Off-site): The Government periodically conducts training events at 3rd party locations (i.e. other contractor site or government facility). If attendance at these training events is required the contractor must submit a price quote detailing labor positions/hourly rates for those who will attend; travel costs (in accordance with federal travel regulation rates); and direct costs for equipment that may be required at event.

Labor and Equipment Rates must be in accordance with rates submitted by Contractor and accepted by Government to form this contract. Task order will be issued for agreed costs of event. (Optional Task) NTE Amount:___________ (per incident)

206 Emergency Response Services: Contractor may be needed for emergency response services. If an emergency response is needed the Contracting Officer will request price quotes from as many contractors as feasible based on the geographic location of the emergency event and urgency of the response. To be considered for the emergency response the contractor must submit a price quote detailing labor categories/rates and estimated hours as well as equipment usage rates and any other direct costs which would be necessary for response. Labor and Equipment Rates must be in accordance with rates submitted by Contractor and accepted by Government to form this contract Task order will be issued for agreed costs of event. Contractor must provide all required services to complete a poultry depopulation. These services will include but not be limited to facility preparation, penning and compression of birds in all houses, setup of clean/dirty line for equipment and personnel decontamination, setup and operation of all foam equipment. After depopulation activities are complete all penning materials must be removed and properly disposed of, all equipment must be completely cleaned and disinfected and prepared for the next operation. Contractor shall supply quotes within 48 hrs. after receiving the request from the Government.

(Optional Task) NTE Amount:___________ (per incident)

OPTION YEAR THREE: 11/01/2019- 10/31/2020

PRICE SCHEDULE FOR MAINTENANCE/STORAGE/INSPECTION OF EQUIPMENT:

Item No. Schedule of Supplies/Services

301 Maintenance, Depopulation services and Storage of the following Government Furnished Property

Non-Layers (1 Supervisor, and 15 laborers. The duties of each is broken down below. In addition Contractor must provide an 8 hour daily Rate and a 12 Hour daily Rate

1 Hourly Rate/Overtime Rate Quantity Title Hourly Labor Rate Overtime Labor Rate

Layers (1 Supervisor, and 8 laborers. The duties of each is broken down below. All personnel are SCBA

1 Supervisor

1 Supervisor

4 Setup crew

4 Setup crew

Contractor must provide the rate for the equipment based on the average storage cost. All equipment will be

Equipment Type Maintenance Cost Maintenance hrs. to conduct

Maintenance

2 Personnel per unit

Foam (5 & 55 gallon containers) 0

No Maintenance Required

Cattle Panel and Gates • 1 hours to perform Maintenance

• 1 Personnel per Set

Mobile Corrals • 1 hours to perform Maintenance

• 2 Personnel per unit

Maintenance Includes the

302 Repair, Reconditioning and Reconfiguring of Equipment per SOW. Contractor will provide price proposal when repair, reconditioning and reconfiguration services are necessary. Proposal must be approved by USDA Contracting Officer before effort can commence. Note: This is repair beyond normal maintenance (i.e.

oil change, greasing equipment, tire pressure checks) which is included in CLIN 301 FFP costs per unit.

303 Miscellaneous Equipment Services:

003A: Deploy, Stage and Load Equipment in preparation of transportation to different site (emergency or otherwise) and restocking after deployment. This CLIN is only for when third party is using the equipment and not contractor. When contractor is deploying equipment these costs will be included in price proposal for training events or emergency response services (see CLINS 304, 305 and 306 below).

(Optional Task) NTE Amount:___________ (per incident)

304B: Shipping Charges: To Be Determined at time due to fluctuation in fuel costs. When contractor is deploying equipment these costs will be included in price proposal for training events or emergency response services (see CLINS 304, 305 and 306 below). (Optional Task) NTE Amount:___________ (per incident)

305C: Disposal Costs as may be necessary for Government Furnished Equipment (GFE) that is beyond repair.

306 Training Event (Contractor Facility): At time of acceptance (or during other intervals as agreed upon while equipment is stored at contractor site) contractor may be asked to participate in equipment storage/inspection/maintenance training event. In this case, the contractor will be asked to submit a price quote for hours/labor rates of participants and any other direct costs of the event. Labor and Equipment Rates must be in accordance with rates submitted by Contractor and accepted by Government to form this contract and task order will be issued for agreed costs of event. (Optional Task) NTE Amount:___________ (per incident)

307 Training Event (Off-site): The Government periodically conducts training events at 3rd party locations (i.e. other contractor site or government facility). If attendance at these training events is required the contractor must submit a price quote detailing labor positions/hourly rates for those who will attend; travel costs (in accordance with federal travel regulation rates); and direct costs for equipment that may be required at event.

Labor and Equipment Rates must be in accordance with rates submitted by Contractor and accepted by Government to form this contract. Task order will be issued for agreed costs of event. (Optional Task) NTE Amount:___________ (per incident)

308 Emergency Response Services: Contractor may be needed for emergency response services. If an emergency response is needed the Contracting Officer will request price quotes from as many contractors as feasible based on the geographic location of the emergency event and urgency of the response. To be considered for the emergency response the contractor must submit a price quote detailing labor categories/rates and estimated hours as well as equipment usage rates and any other direct costs which would be necessary for response. Labor and Equipment Rates must be in accordance with rates submitted by Contractor and accepted by Government to form this contract Task order will be issued for agreed costs of event. Contractor must provide all required services to complete a poultry depopulation. These services will include but not be limited to facility preparation, penning and compression of birds in all houses, setup of clean/dirty line for equipment and personnel decontamination, setup and operation of all foam equipment. After depopulation activities are complete all penning materials must be removed and properly disposed of, all equipment must be completely cleaned and disinfected and prepared for the next operation. Contractor shall supply quotes within 48 hrs. after receiving the request from the Government. (Optional Task) NTE Amount:___________ (per incident)

OPTION YEAR FOUR: 11/01/2020 THROUGH 10/31/2021

PRICE SCHEDULE FOR MAINTENANCE/STORAGE/INSPECTION OF EQUIPMENT:

401 Maintenance, Depopulation services and Storage of the following Government Furnished Property

1 Hourly Rate/Overtime Rate Quantity Title Hourly Labor Rate Overtime Labor Rate

Layers (1 Supervisor, and 8 laborers. The duties of each is broken down below. All personnel are SCBA

1 Supervisor

1 Supervisor

4 Setup crew

4 Setup crew

Contractor must provide the rate for the equipment based on the average storage cost. All equipment will be

Equipment Type Maintenance Cost Maintenance hrs. to conduct Kifco Avi-Foam Units • 2 hours to perform

Maintenance

2 Personnel per unit

Foam (5 & 55 gallon containers)

No Maintenance Required

Cattle Panel and Gates • 1 hours to perform Maintenance

• 1 Personnel per Set

Mobile Corrals • 1 hours to perform

• 2 Personnel per unit

Maintenance Includes the

402 Repair, Reconditioning and Reconfiguring of Equipment per SOW. Contractor will provide price proposal when repair, reconditioning and reconfiguration services are necessary. Proposal must be approved by USDA Contracting Officer before effort can commence. Note: This is repair beyond normal maintenance (i.e.

oil change, greasing equipment, tire pressure checks) which is included in CLIN 401 FFP costs per unit.

(Optional Task) NTE Amount:___________ (per incident)

403 Miscellaneous Equipment Services:

403A: Deploy, Stage and Load Equipment in preparation of transportation to different site (emergency or otherwise) and restocking after deployment. This CLIN is only for when third party is using the equipment and not contractor. When contractor is deploying equipment these costs will be included in price proposal for training events or emergency response services (see CLINS 404, 405 and 406 below).

(Optional Task) NTE Amount:___________ (per incident)

403B: Shipping Charges: To Be Determined at time due to fluctuation in fuel costs. When contractor is deploying equipment these costs will be included in price proposal for training events or emergency response services (see CLINS 404, 405 and 406 below). (Optional Task) NTE Amount:___________ (per incident)

403C: Disposal Costs as may be necessary for Government Furnished Equipment (GFE) that is beyond repair.

404 Training Event (Contractor Facility): At time of acceptance (or during other intervals as agreed upon while equipment is stored at contractor site) contractor may be asked to participate in equipment storage/inspection/maintenance training event. In this case, the contractor will be asked to submit a price quote for hours/labor rates of participants and any other direct costs of the event. Labor and Equipment Rates must be in accordance with rates submitted by Contractor and accepted by Government to form this contract and task order will be issued for agreed costs of event. Optional Task) NTE Amount:___________ (per incident)

405 Training Event (Off-site): The Government periodically conducts training events at 3rd party locations (i.e. other contractor site or government facility). If attendance at these training events is required the contractor must submit a price quote detailing labor positions/hourly rates for those who will attend; travel costs (in accordance with federal travel regulation rates); and direct costs for equipment that may be required at event.

Labor and Equipment Rates must be in accordance with rates submitted by Contractor and accepted by Government to form this contract. Task order will be issued for agreed costs of event. Optional Task) NTE Amount:___________ (per incident)

406 Emergency Response Services: Contractor may be needed for emergency response services. If an emergency response is needed the Contracting Officer will request price quotes from as many contractors as feasible based on the geographic location of the emergency event and urgency of the response. To be considered for the emergency response the contractor must submit a price quote detailing labor categories/rates and estimated hours as well as equipment usage rates and any other direct costs which would be necessary for response. Labor and Equipment Rates must be in accordance with rates submitted by Contractor and accepted by Government to form this contract Task order will be issued for agreed costs of event. Contractor must provide all required services to complete a poultry depopulation. These services will include but not be limited to facility preparation, penning and compression of birds in all houses, setup of clean/dirty line for equipment and personnel decontamination, setup and operation of all foam equipment. After depopulation activities are complete all penning materials must be removed and properly disposed of, all equipment must be completely cleaned and disinfected and prepared for the next operation. Contractor shall supply quotes within 48 hrs. after receiving the request from the Government. (Optional Task) NTE Amount:___________ (per incident)

III. CONTRACT TERMS AND CONDITIONS:

52.212-4 -- Contract Terms and Conditions -- Commercial Items. (May 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

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(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

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(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

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(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1203358 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically…