updated_close_date_on_RFQ_clauses _26Aug2016_138pmET.pdf

B. CONTINUATION OF THE REQUEST FOR QUOTES

This document consists of the following sections:

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B.1 CONTRACTING OFFICER

The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; issue task orders against the contract; make final decisions on disputed deductions from contract payments for nonperformance, or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute.

However, the CO may delegate certain other responsibilities to the Contracting Officer’s Representative (COR). All delegated duties will be specified in writing by a COR Appointment and Delegation Notice.

[End of Text]

B.2 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS

Effective May 6, 2013, payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform (IPP).

“Payment Request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions—Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. Contractor assistance with enrollment, User IDs and Passwords can be obtained by contacting the IPP Helpdesk via email at IPP Customer Support Desk at 1-866-973-3131 or IPPCustomerSupport@fms.treas.gov For all other IPP issues, please contact: National Finance Center’s Controller Operations Division (COD) Helpdesk at 1-877-243-3072 or COD.HELP@usda.gov.

C. CONTRACT CLAUSES

C.1 FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

C.1.1 FAR 52.247-34 F.O.B. DESTINATION (Nov 1991)

(a) The term “f.o.b. destination,” as used in this clause, means—

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

SECTION DESCRIPTION

A AG-32SB-S-16-0004 from www.fbo.gov B Continuation of the RFQ C Contract Clauses D Any Contract Documents, Exhibits or Attachments E Solicitation Provisions and Instructions to Offeror(s)

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall—

(1) (i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(End of clause)

C.1.2 FAR 52.217-6 - OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within [7 days]. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause)

C.1.3 FAR 52.217-7 - OPTION FOR INCREASED QUANTITY -- SEPARATELY PRICED LINE ITEM (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within [7 days]. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

C.1.4 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

C.1.5 FAR 52.232-36 – PAYMENT BY GOVERNMENT-WIDE COMMERCIAL PURCHASE CARD (May 2014) A Government-wide commercial purchase card charge authorizes the third party (e.g., financial institution) that issued the purchase card to make immediate payment to the contractor. The Government reimburses the third party at a later date for the third party's payment to the contractor.

(End of Clause)

C.1.7 FAR 52.216-18 - ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from September 30, 2016 through September 29, 2021.

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

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

(End of Clause)

C.1.8 FAR 52.216-19 - ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,500, 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 $4,000,000.00;

(2) Any order for a combination of items in excess of $4,000,000.00; or

(3) A series of orders from the same ordering office within 1 day 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 one day 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.

C.1.9 FAR 52.216-22 - 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.

(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 October 4, 2021. There shall be a 4 week return delay for cylinders after the final year of the contract.

(End of Clause)

C.1.10 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: www.acquisition.gov/far/index.html

FAR Number Title Date 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013

(End of Clause)

C.1.11 FAR 15.204-1 - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFEROR In accordance with FAR 15.204-1(b), the completed and submitted “Representations, Certifications, and Other Statements of Offeror”, are incorporated by reference in this resulting contract.

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C.2 AGRICULTURAL ACQUSITION REGULATION (AGAR) CLAUSES

C.2.1 AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

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

(b) The Contract Officer or purchase cardholder shall identify deadlines and milestones for the work required on each task/delivery order at time of submission to the awardee. Work shall be inspected and accepted on a case-by-case basis by the agency placing the task/delivery order. Any performance issues shall be reported to the Contracting Officer.

(c) Inspection and acceptance will be performed at: USDA locations nationwide.

[End of clause]

D. DOCUMENTS, EXHIBITS OR ATTACHMENTS

• Attachment A, Statement of Work.

• Attachment B, USDA Authorized Organizations.

• Attachment C, Price Schedule List for Location/Products. Separate Microsoft Excel sheet for download on this FBO listing.

E. SOLICITATION PROVISIONS AND INSTRUCTIONS TO OFFEROR(S)

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

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address.

FAR PROVISION TITLE/DATE

FAR 52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

[End of Provision]

E.2 AGAR 452.204-70 INQUIRIES (FEB 1988)

1) Inquiries and all correspondence concerning this solicitation should be submitted in writing to the Contracting Officer. Offerors should only contact the Contracting Officer issuing this solicitation about any aspect of this requirement prior to award.

(End of provision)

E.3 ADDITIONAL INSTRUCTIONS FOR OFFERORS

1) Respondents shall submit quotes via email receipt no later than August 31, 2016 September 6, 2016 at 2:00 pm ET.

2) The Offeror agrees to hold this offer firm, if accepted within 60 calendar days from the date for receipt of offers.

3) The Offeror’s System for Award Management (SAM) Account is updated and active.

4) This is small business set aside set by the NAICS size standards.

(End of provision)

E.4 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates multiple IDIQ contracts resulting from this solicitation. The Government reserves the right to make a single award.

(End of provision)

E.5 EVALUATION FACTORS FOR AWARD

The Government intends to award multiple IDIQ contracts as a result of this requirement. Award selection will be based on a successful technically acceptable quote. The Government reserves the right to make award without discussion. A successful vendor must be able to provide required products to twenty percent of the locations listed in Attachment C. Price and prior performance will also be evaluated.

(End of provision)

Statement of Work

Attachment A, page 1 of 2

BACKGROUND:

As part of a strategic sourcing initiative, it was discovered that multiple different United States Department of Agriculture (USDA) agencies purchase significant quantities of scientific supplies, service and equipment from Life Technologies. As a result, the Agricultural Research Service (ARS) initiated an Indefinite Quantity/Indefinite Delivery (IDIQ) to be utilized by multiple USDA Agencies. The utilization of a consolidated IDIQ contract will provide administrative efficiencies, cost savings and more rapid turnaround time.

REQUIREMENT:

The USDA has a requirement for compressed pure and specialty gas mixtures and equipment usage (i.e.

cylinders) necessary to multiple USDA locations throughout in the continental United States. The types and quantities of compressed gases to be delivered for these requirements (and the locations) will be determined by the nature and scientific objectives of the field studies being performed. Pure gases must have specifications for maximum levels of common contaminants. The place of performance will be set in each delivery/task order. The place of performance maybe will be in the Continental US (CONUS). The place of performance may be at a government facility, at a contractor facility, or at some combination of site types.

PERIOD OF PERFORMANCE:

The IDIQ period of performance shall be September 30, 2016 to September 29, 2017, with four (4) options through September 2021.

AUTHORIZED USERS:

Any authorized USDA Contracting Officer (CO), Purchasing Agents (PA) or Purchase-Card holders may utilize this IDIQ within their ordering limitation. Local Contracting Officers (CO) may, at their discretion, negotiate for additional discounts. Delivery requirements, such as place of delivery, freight/shipping costs, and time of delivery are to be determined and/or negotiated with the ordering activity at time of task/delivery order placement. All items shall be delivered per the instructions on each individual task/delivery order.

ORDERING:

Pure gases must be available in multiple grades. Mixtures of compressed gases must have individual analyses certifying mixture accuracy according to specifications on the order. Accuracy specifications will vary according to the mixing ratio and specific requirements, but will be in the range 1-5%. Multi component mixtures of the above must also be available upon request. Gas mixtures must have a balance gas of ultra-high purity (UHP, 99.999%) gas. Both pure gases and gas mixtures must also meet the following requirements:

1) Gases must be provided in individual high-pressure aluminum cylinders of. The corresponding cylinder dimensions must be approximately:

Cubic Feet Capacities 28 67 80 105 143 Diameter (inches) 7 7.25 7.25 7.25 8 Height (inches) 21 29 38.5 49.3 50 to 53.5

2) Cylinders must be provided on a rental basis.

3) There shall be a 4 week return delay for cylinders after the final year of the contract.

4) Gas cylinders must have a minimum fill pressure of 2000 psi.

5) Gas cylinders must have standard Compressed Gas Fittings (CGA) fittings.

Statement of Work

Attachment A, page 2 of 2

Compressed gas cylinders must be delivered by common carrier to locations specified by the authorized ordering individual(s) and within 3 business days of the delivery date specified on the order.

All orders listed in this IDIQ may be procured by any USDA office or Agency on an as needed basis.

USDA is comprised of Departmental Management offices, mission areas, and agencies, all of which are authorized to place tasks/delivery orders under this IDIQ. Only U.S. citizens will be allowed to government facilities and systems. Approved access to government facilities and/or systems will be required under some of the delivery/task orders issued under this IDIQ.

Orders may be issued at any time during the active period of performance, and shall be prepared by a USDA Contracting Officer or purchase card holder with sufficient procurement authority in accordance with the terms and conditions of this IDIQ.

For each individual task order placed under the IDIQ, the Contracting Officer who places the order (the task/delivery order Contracting Officer) is the only person authorized to approve changes to the purchase order. This authority remains solely with the respective Contracting Officer/Purchase Card Holder who will be determined upon each individual order against the contract.

PRICING:

The IDIQ prices listed on the price schedule is the maximum pricing for each item or service. On an annual basis, the government will engage with the contractor to determine if further discounts can be achieved.

Shipping and handling are applicable and will be will be included in each invoice associated with each USDA task/delivery order. The respective Contracting Officer/Purchase Card Holder can to negotiate bilateral pricing on a case-by-case basis.

SECURITY REQUIREMENTS

The contractor shall provide the COR (or facility POC) with information on the names of all employees who will require access to the facility in order to perform work on equipment/deliver supplies, including approximate date and time of arrival. This should be provided at least 24 hours in advance of work being performed or as mutually agreed upon by contractor and COR or designee representative. All employees provided by contractor must have valid driver’s license or state photo identification before being allowed onto the premises.

PRICE SCHEDULE:

The contractor shall provide the supplies/services listed in the Statement of Work (SOW)/Product Requirements per Location/Price List (Attachment C) in accordance with the fully loaded rates (Unit Prices) listed below. Shipping costs are not covered under these rates and on delivery/task orders on an as-needed basis.

Base Period: Date of Award through September 29, 2017.

Option Year #1: September 30, 2017 through September 29, 2018.

Option Year #2: September 30, 2018 through September 29, 2019.

Option Year #3: September 30, 2019 through September 29, 2020.

Option Year #4: September 30, 2020 through September 29, 2021.

United States Department of Agriculture Authorized Organizations to use this Contract

Attachment B, page 1 of 1

PRICING: