Garbage_FY_'15.docx

SERVICE CONTRACT FOR

WASTE REMOVAL

IN SUPPORT OF:

NATIONAL CENTER

FOR ANIMAL HEALTH

CONTRACT NUMBER AG-32SC-S-15-0013

CONDUCTED UNDER FAR SUBPART 12.6

MARHC 23, 2015

AG-32SC-S-15-0013 FAR FAC 80

USDA, AGRICULTURAL RESEARCH SERVICE

PURCHASE ORDER TERMS & CONDITIONS FOR

COMMERCIAL ITEMS

GENERAL DESCRIPTION

THIS CONTRACT IS AWARDED TO A CONTRACTOR, TO ESTABLISH SERVICES FOR WASTE REMOVAL SERVICES. THE SERVICES SHALL BE PROVIDED IN ACCORDANCE WITH ALL SECTIONS OF THIS SOLICITATION

CLAUSES INCORPORATED BY REFERENCE: THIS ORDER 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 THE FOLLOWING ADDRESS: HTTPS://WWW.ACQUISITION.GOV/FAR.

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

52.204-13 SYSTEM FOR SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (DEC 2014)

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012).

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEPTEMBER 2013).

52.209-2, PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (DEC 2014)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

CLAUSES IN FULL TEXT:

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

DURING THE PERIOD SPECIFIED IN FAR CLAUSE 52.216-18, ORDERING, THE GOVERNMENT SHALL PLACE ORDERS TOTALING A MINIMUM OF $500.00, BUT NOT IN EXCESS OF THE AMOUNT OF THE SCHEDULE B.

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

THE PERIOD OF PERFORMANCE OF THIS CONTRACT WILL BE FROM DATE OF AWARD (ANTICIPATED TO BE MAY 01, 2015) THROUGH APRIL 30, 2020.

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 _04/01/2015_ THROUGH _03/31/2020_.

(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.

(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.

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 _$50.00_ , 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 _$5,000.00_ ;

(2) ANY ORDER FOR A COMBINATION OF ITEMS IN EXCESS OF _$150,000.00_ ; OR

(3) A SERIES OF ORDERS FROM THE SAME ORDERING OFFICE WITHIN _30_ DAYS THAT TOGETHER CALL FOR QUANTITIES EXCEEDING THE LIMITATION IN PARAGRAPH (B)(1) OR (2) OF THIS SECTION.

(C) IF THIS IS A REQUIREMENTS CONTRACT (I.E., INCLUDES THE REQUIREMENTS CLAUSE AT SUBSECTION 52.216-21 OF THE FEDERAL ACQUISITION REGULATION (FAR)), THE GOVERNMENT IS NOT REQUIRED TO ORDER A PART OF ANY ONE REQUIREMENT FROM THE CONTRACTOR IF THAT REQUIREMENT EXCEEDS THE MAXIMUM-ORDER LIMITATIONS IN PARAGRAPH (B) OF THIS SECTION.

(D) NOTWITHSTANDING PARAGRAPHS (B) AND (C) OF THIS SECTION, THE CONTRACTOR SHALL HONOR ANY ORDER EXCEEDING THE MAXIMUM ORDER LIMITATIONS IN PARAGRAPH (B), UNLESS THAT ORDER (OR ORDERS) IS RETURNED TO THE ORDERING OFFICE WITHIN _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.

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 _04/30/2020_ .

52.217-5 EVALUATION OF OPTIONS (JULY 1990)

EXCEPT WHEN IT IS DETERMINED IN ACCORDANCE WITH FAR 17.206(B) NOT TO BE IN THE GOVERNMENT’S BEST INTERESTS, THE GOVERNMENT WILL EVALUATE OFFERS FOR AWARD PURPOSES BY ADDING THE TOTAL PRICE FOR ALL OPTIONS TO THE TOTAL PRICE FOR THE BASIC REQUIREMENT. EVALUATION OF OPTIONS WILL NOT OBLIGATE THE GOVERNMENT TO EXERCISE THE OPTION(S).

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

THE GOVERNMENT MAY REQUIRE CONTINUED PERFORMANCE OF ANY SERVICES WITHIN THE LIMITS AND AT THE RATES SPECIFIED IN THE CONTRACT. THESE RATES MAY BE ADJUSTED ONLY AS A RESULT OF REVISIONS TO PREVAILING LABOR RATES PROVIDED BY THE SECRETARY OF LABOR. THE OPTION PROVISION MAY BE EXERCISED MORE THAN ONCE, BUT THE TOTAL EXTENSION OF PERFORMANCE HEREUNDER SHALL NOT EXCEED 6 MONTHS. THE CONTRACTING OFFICER MAY EXERCISE THE OPTION BY WRITTEN NOTICE TO THE CONTRACTOR WITHIN 58 MONTHS.

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 _ BASE PERIOD 05/01/2015-04/31/2016, OPTION PERIOD #1 05/01/2016-04/31/2017, OPTION PERIOD #2 05/01/2017-04/31/2018, OPTION PERIOD #3 05/01/2018-04/31/2019, OPTION PERIOD #4 05/01/2019-04/31/2020_ ; 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 _66_ (MONTHS).

52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAR 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, 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.]

_XX_ (1) 52.203-6, RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEPT 2006), WITH ALTERNATE I (OCT 1995) (41 U.S.C. 4704 AND 10 U.S.C. 2402).

___ (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).

_XX_ (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).

___ (7) 52.204-15, SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (JAN 2014) (PUB. L. 111-117, SECTION 743 OF DIV. C).

_XX_ (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).

___ (9) 52.209-9, UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) (41 U.S.C. 2313).

_XX_ (10) 52.209-10, PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (MAY 2012) (SECTION 738 OF DIVISION C OF PUBLIC LAW 112-74, SECTION 740 OF DIVISION C OF PUB. L. 111-117, SECTION 743 OF DIVISION D OF PUB. L. 111-8, AND SECTION 745 OF DIVISION D OF PUB. L. 110-161).

___ (11) (I) 52.219-3, NOTICE OF HUBZONE SET-ASIDE OR SOLE-SOURCE AWARD (NOV 2011) (15 U.S.C. 657A).

___ (II) ALTERNATE I (NOV 2011) OF 52.219-3.

___ (12) (I) 52.219-4, NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (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]

__ (14) (I) 52.219-6, NOTICE OF TOTAL SMALL BUSINESS ASIDE (NOV 2011) (15 U.S.C. 644).

___ (II) ALTERNATE I (NOV 2011).

___ (III) ALTERNATE II (NOV 2011).

___ (15) (I) 52.219-7, NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (JUNE 2003) (15 U.S.C. 644).

___ (II) ALTERNATE I (OCT 1995) OF 52.219-7.

___ (III) ALTERNATE II (MAR 2004) OF 52.219-7.

_XX_ (16) 52.219-8, UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014) (15 U.S.C. 637(D)(2) AND (3)).

___ (17) (I) 52.219-9, SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2014) (15 U.S.C. 637 (D)(4)).

___ (II) ALTERNATE I (OCT 2001) OF 52.219-9.

___ (III) ALTERNATE II (OCT 2001) OF 52.219-9.

___ (IV) ALTERNATE III (OCT 2014) OF 52.219-9.

___ (18) 52.219-13, NOTICE OF SET-ASIDE OF ORDERS (NOV 2011) (15 U.S.C. 644(R)).

_XX_ (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).

___ (22) 52.219-28, POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (15 U.S.C. 632(A)(2)).

___ (23) 52.219-29, NOTICE OF SET-ASIDE FOR ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS (EDWOSB) CONCERNS (JUL 2013) (15 U.S.C. 637(M)).

___ (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)).

_XX_ (25) 52.222-3, CONVICT LABOR (JUNE 2003) (E.O. 11755).

_XX_ (26) 52.222-19, CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2014) (E.O. 13126).

_XX_ (27) 52.222-21, PROHIBITION OF SEGREGATED FACILITIES (FEB 1999).

_XX_ (28) 52.222-26, EQUAL OPPORTUNITY (MAR 2007) (E.O. 11246).

_XX_ (39) 52.222-35, EQUAL OPPORTUNITY FOR VETERAN (JUL 2014) (38 U.S.C. 4212).

_XX_ (30) 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793).

_XX_ (31) 52.222-37, EMPLOYMENT REPORTS ON VETERANS (JUL 2014) (38 U.S.C. 4212).

_XX_ (32) 52.222-40, NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (E.O. 13496).

_XX_ (33) 52.222-54, EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013). (EXECUTIVE ORDER 12989). (NOT APPLICABLE TO THE ACQUISITION OF COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS OR CERTAIN OTHER TYPES OF COMMERCIAL ITEMS AS PRESCRIBED IN 22.1803.)

_XX_ (34) (I) 52.223-9, ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008) (42 U.S.C. 6962(C)(3)(A)(II)). (NOT APPLICABLE TO THE ACQUISITION OF COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS.)

___ (II) ALTERNATE I (MAY 2008) OF 52.223-9 (42 U.S.C. 6962(I)(2)(C)). (NOT APPLICABLE TO THE ACQUISITION OF COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS.)

___ (35) (I) 52.223-13, ACQUISITION OF EPEAT® -REGISTERED IMAGING EQUIPMENT (JUN 2014) (E.O.S 13423 AND 13514

___ (II) ALTERNATE I (JUN 2014) OF 52.223-13.

___ (36) (I) 52.223-14, ACQUISITION OF EPEAT® -REGISTERED TELEVISION (JUN 2014) (E.O.S 13423 AND 13514).

___ (II) ALTERNATE I (JUN 2014) OF 52.223-14.

___ (37) 52.223-15, ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) (42 U.S.C. 8259B).

___ (38) (I) 52.223-16, ACQUISITION OF EPEAT® -REGISTERED PERSONAL COMPUTER PRODUCTS (JUN 2014) (E.O.S 13423 AND 13514).

___ (II) ALTERNATE I (JUN 2014) OF 52.223-16.

_XX_ (39) 52.223-18, ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011).

_XX_ (40) 52.225-1, BUY AMERICAN--SUPPLIES (MAY 2014) (41 U.S.C. CHAPTER 83).

_XX_ (41) (I) 52.225-3, BUY AMERICAN--FREE TRADE AGREEMENTS--ISRAELI TRADE ACT (MAY 2014) (41 U.S.C. CHAPTER 83, 19 U.S.C. 3301 NOTE, 19 U.S.C. 2112 NOTE, 19 U.S.C. 3805 NOTE, 19 U.S.C. 4001 NOTE, PUB. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, AND 112-43).

___ (II) ALTERNATE I (MAY 2014) OF 52.225-3.

___ (III) ALTERNATE II (MAY 2014) OF 52.225-3.

___ (IV) ALTERNATE III (MAY 2014) OF 52.225-3.

___ (42) 52.225-5, TRADE AGREEMENTS (NOV 2013) (19 U.S.C. 2501, ET SEQ., 19 U.S.C. 3301 NOTE).

_XX_ (43) 52.225-13, RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (E.O.’S, PROCLAMATIONS, AND STATUTES ADMINISTERED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF THE DEPARTMENT OF THE TREASURY).

___ (44) 52.225-26, CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE UNITED STATES (JUL 2013) (SECTION 862, AS AMENDED, OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008; 10 U.S.C. 2303 NOTE).

___ (45) 52.226-4, NOTICE OF DISASTER OR EMERGENCY AREA SET-ASIDE (NOV 2007) (42 U.S.C. 5150).

___ (46) 52.226-5, RESTRICTIONS ON SUBCONTRACTING OUTSIDE DISASTER OR EMERGENCY AREA (NOV 2007) (42 U.S.C. 5150).

___ (47) 52.232-29, TERMS FOR FINANCING OF PURCHASES OF COMMERCIAL ITEMS (FEB 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(F)).

___ (48) 52.232-30, INSTALLMENT PAYMENTS FOR COMMERCIAL ITEMS (OCT 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(F)).

_XX_ (49) 52.232-33, PAYMENT BY ELECTRONIC FUNDS TRANSFER— SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (31 U.S.C. 3332).

___ (50) 52.232-34, PAYMENT BY ELECTRONIC FUNDS TRANSFER—OTHER THAN SYSTEM FOR AWARD MANAGEMENT (JUL 2013) (31 U.S.C. 3332).

_XX_ (51) 52.232-36, PAYMENT BY THIRD PARTY (MAY 2014) (31 U.S.C. 3332).

___ (52) 52.239-1, PRIVACY OR SECURITY SAFEGUARDS (AUG 1996) (5 U.S.C. 552A).

___ (53) (I) 52.247-64, PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (FEB 2006) (46 U.S.C. APPX 1241(B) AND 10 U.S.C. 2631).

___ (II) ALTERNATE I (APR 2003) OF 52.247-64.

(C) THE CONTRACTOR SHALL COMPLY WITH THE FAR CLAUSES IN THIS PARAGRAPH (C), APPLICABLE TO COMMERCIAL SERVICES, THAT THE CONTRACTING OFFICER HAS INDICATED AS BEING INCORPORATED IN THIS CONTRACT BY REFERENCE TO IMPLEMENT PROVISIONS OF LAW OR EXECUTIVE ORDERS APPLICABLE TO ACQUISITIONS OF COMMERCIAL ITEMS:

[CONTRACTING OFFICER CHECK AS APPROPRIATE.]

_XX_ (1) 52.222-41, SERVICE CONTRACT LABOR STANDARDS (MAY 2014) (41 U.S.C. CHAPTER 67.).

___ (2) 52.222-42, STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) (29 U.S.C. 206 AND 41 U.S.C. CHAPTER 67).

___ (3) 52.222-43, FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS -- PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (MAY 2014) (29 U.S.C.206 AND 41 U.S.C. CHAPTER 67).

___ (4) 52.222-44, FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS -- PRICE ADJUSTMENT (MAY 2014) (29 U.S.C. 206 AND 41 U.S.C. CHAPTER 67).

___ (5) 52.222-51, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT--REQUIREMENTS (MAY 2014) (41 U.S.C. CHAPTER 67).

___ (6) 52.222-53, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR CERTAIN SERVICES--REQUIREMENTS (MAY 2014) (41 U.S.C. CHAPTER 67).

___ (7) 52.222-17, NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014) (E.O. 13495).

___ (8) 52.226-6, PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS. (MAY 2014) (42 U.S.C. 1792).

___ (9) 52.237-11, ACCEPTING AND DISPENSING OF $1 COIN (SEP 2008) (31 U.S.C. 5112(P)(1)).

(D) COMPTROLLER GENERAL EXAMINATION OF RECORD THE CONTRACTOR SHALL COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH (D) IF THIS CONTRACT WAS AWARDED USING OTHER THAN SEALED BID, IS IN EXCESS OF THE SIMPLIFIED ACQUISITION THRESHOLD, AND DOES NOT CONTAIN THE CLAUSE AT 52.215-2, AUDIT AND RECORDS -- NEGOTIATION.

(1) THE COMPTROLLER GENERAL OF THE UNITED STATES, OR AN AUTHORIZED REPRESENTATIVE OF THE COMPTROLLER GENERAL, SHALL HAVE ACCESS TO AND RIGHT TO EXAMINE ANY OF THE CONTRACTOR’S DIRECTLY PERTINENT RECORDS INVOLVING TRANSACTIONS RELATED TO THIS CONTRACT.

(2) THE CONTRACTOR SHALL MAKE AVAILABLE AT ITS OFFICES AT ALL REASONABLE TIMES THE RECORDS, MATERIALS, AND OTHER EVIDENCE FOR EXAMINATION, AUDIT, OR REPRODUCTION, UNTIL 3 YEARS AFTER FINAL PAYMENT UNDER THIS CONTRACT OR FOR ANY SHORTER PERIOD SPECIFIED IN FAR SUBPART 4.7, CONTRACTOR RECORDS RETENTION, OF THE OTHER CLAUSES OF THIS CONTRACT. IF THIS CONTRACT IS COMPLETELY OR PARTIALLY TERMINATED, THE RECORDS RELATING TO THE WORK TERMINATED SHALL BE MADE AVAILABLE FOR 3 YEARS AFTER ANY RESULTING FINAL TERMINATION SETTLEMENT. RECORDS RELATING TO APPEALS UNDER THE DISPUTES CLAUSE OR TO LITIGATION OR THE SETTLEMENT OF CLAIMS ARISING UNDER OR RELATING TO THIS CONTRACT SHALL BE MADE AVAILABLE UNTIL SUCH APPEALS, LITIGATION, OR CLAIMS ARE FINALLY RESOLVED.

(3) AS USED IN THIS CLAUSE, RECORDS INCLUDE BOOKS, DOCUMENTS, ACCOUNTING PROCEDURES AND PRACTICES, AND OTHER DATA, REGARDLESS OF TYPE AND REGARDLESS OF FORM. THIS DOES NOT REQUIRE THE CONTRACTOR TO CREATE OR MAINTAIN ANY RECORD THAT THE CONTRACTOR DOES NOT MAINTAIN IN THE ORDINARY COURSE OF BUSINESS OR PURSUANT TO A PROVISION OF LAW.

(E)

(1) NOTWITHSTANDING THE REQUIREMENTS OF THE CLAUSES IN PARAGRAPHS (A), (B), (C) AND (D) OF THIS CLAUSE, THE CONTRACTOR IS NOT REQUIRED TO FLOW DOWN ANY FAR CLAUSE, OTHER THAN THOSE IN THIS PARAGRAPH (E)(1) IN A SUBCONTRACT FOR COMMERCIAL ITEMS. UNLESS OTHERWISE INDICATED BELOW, THE EXTENT OF THE FLOW DOWN SHALL BE AS REQUIRED BY THE CLAUSE—

(I) 52.203-13, CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010) (41 U.S.C. 3509).

(II) 52.219-8, UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014) (15 U.S.C. 637(D)(2) AND (3)), IN ALL SUBCONTRACTS THAT OFFER FURTHER SUBCONTRACTING OPPORTUNITIES. IF THE SUBCONTRACT (EXCEPT SUBCONTRACTS TO SMALL BUSINESS CONCERNS) EXCEEDS $650,000 ($1.5 MILLION FOR CONSTRUCTION OF ANY PUBLIC FACILITY), THE SUBCONTRACTOR MUST INCLUDE 52.219-8 IN LOWER TIER SUBCONTRACTS THAT OFFER SUBCONTRACTING OPPORTUNITIES.

(III) 52.222-17, NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014) (E.O. 13495). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (1) OF FAR CLAUSE 52.222-17.

(IV) 52.222-26, EQUAL OPPORTUNITY (MAR 2007) (E.O. 11246).

(V) 52.222-35, EQUAL OPPORTUNITY FOR VETERANS (JUL 2014) (38 U.S.C. 4212).

(VI) 52.222-36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793).

(VII) 52.222-37, EMPLOYMENT REPORTS ON VETERANS (JUL 2014) (38 U.S.C. 4212).

(VIII) 52.222-40, NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (E.O. 13496). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (F) OF FAR CLAUSE 52.222-40.

(IX) 52.222-41, SERVICE CONTRACT LABOR STANDARDS (MAY 2014), (41 U.S.C. CHAPTER 67).

(X) 52.222-50, COMBATING TRAFFICKING IN PERSONS (FEB 2009) (22 U.S.C. 7104(G)).

___ ALTERNATE I (AUG 2007) OF 52.222-50 (22 U.S.C. 7104(G)).

(XI) 52.222-51, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT--REQUIREMENTS (MAY 2014) (41 U.S.C. CHAPTER 67.)

(XII) 52.222-53, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR CERTAIN SERVICES--REQUIREMENTS (MAY 2014) (41 U.S.C. CHAPTER 67)

(XIII) 52.222-54, EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013).

(XIV) 52.225-26, CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE UNITED STATES (JUL 2013) (SECTION 862, AS AMENDED, OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008; 10 U.S.C. 2302 NOTE).

(XV) 52.226-6, PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS. (MAY 2014) (42 U.S.C. 1792). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (E) OF FAR CLAUSE 52.226-6.

(XVI) 52.247-64, PREFERENCE FOR PRIVATELY-OWNED U.S. FLAG COMMERCIAL VESSELS (FEB 2006) (46 U.S.C. APPX 1241(B) AND 10 U.S.C. 2631). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (D) OF FAR CLAUSE 52.247-64.

(2) WHILE NOT REQUIRED, THE CONTRACTOR MAY INCLUDE IN ITS SUBCONTRACTS FOR COMMERCIAL ITEMS A MINIMAL NUMBER OF ADDITIONAL CLAUSES NECESSARY TO SATISFY ITS CONTRACTUAL OBLIGATIONS.

(END OF CLAUSE)

ALTERNATE I (FEB 2000). AS PRESCRIBED IN 12.301(B)(4)(I), DELETE PARAGRAPH (D) FROM THE BASIC CLAUSE, REDESIGNATE PARAGRAPH (E) AS PARAGRAPH (D), AND REVISE THE REFERENCE TO “PARAGRAPHS (A), (B), (C), OR (D) OF THIS CLAUSE” IN THE REDESIGNATED PARAGRAPH (D) TO READ “PARAGRAPHS (A), (B), AND (C) OF THIS CLAUSE”.

ALTERNATE II (OCT 2014). AS PRESCRIBED IN 12.301(B)(4)(II), SUBSTITUTE THE FOLLOWING PARAGRAPHS (D)(1) AND (E)(1) FOR PARAGRAPHS (D)(1) AND (E)(1) OF THE BASIC CLAUSE AS FOLLOWS:

(D)

(1) THE COMPTROLLER GENERAL OF THE UNITED STATES, AN APPROPRIATE INSPECTOR GENERAL APPOINTED UNDER SECTION 3 OR 8G OF THE INSPECTOR GENERAL ACT OF 1978 (5 U.S.C. APP.), OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THE FOREGOING OFFICIALS SHALL HAVE ACCESS TO AND RIGHT TO—

(I) EXAMINE ANY OF THE CONTRACTOR’S OR ANY SUBCONTRACTORS’ RECORDS THAT PERTAIN TO, AND INVOLVE TRANSACTIONS RELATING TO, THIS CONTRACT; AND

(II) INTERVIEW ANY OFFICER OR EMPLOYEE REGARDING SUCH TRANSACTIONS.

(E)

(1) NOTWITHSTANDING THE REQUIREMENTS OF THE CLAUSES IN PARAGRAPHS (A), (B), AND (C), OF THIS CLAUSE, THE CONTRACTOR IS NOT REQUIRED TO FLOW DOWN ANY FAR CLAUSE IN A SUBCONTRACT FOR COMMERCIAL ITEMS, OTHER THAN—

(I) PARAGRAPH (D) OF THIS CLAUSE. THIS PARAGRAPH FLOWS DOWN TO ALL SUBCONTRACTS, EXCEPT THE AUTHORITY OF THE INSPECTOR GENERAL UNDER PARAGRAPH (D)(1)(II) DOES NOT FLOW DOWN; AND (II) THOSE CLAUSES LISTED IN THIS PARAGRAPH (E)(1). UNLESS OTHERWISE INDICATED BELOW, THE EXTENT OF THE FLOW DOWN SHALL BE AS REQUIRED BY THE CLAUSE—

(A) 52.203–13, CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010) (41 U.S.C. 3509).

(B) 52.203-15, WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (JUN 2010) (SECTION 1553 OF PUB. L. 111-5).

(C) 52.219–8, UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014) (15 U.S.C. 637(D)(2) AND (3)), IN ALL SUBCONTRACTS THAT OFFER FURTHER SUBCONTRACTING OPPORTUNITIES. IF THE SUBCONTRACT (EXCEPT SUBCONTRACTS TO SMALL BUSINESS CONCERNS) EXCEEDS $650,000 ($1.5 MILLION FOR CONSTRUCTION OF ANY PUBLIC FACILITY), THE SUBCONTRACTOR MUST INCLUDE 52.219-8 IN LOWER TIER SUBCONTRACTS THAT OFFER SUBCONTRACTING OPPORTUNITIES.

(D) 52.222–26, EQUAL OPPORTUNITY (MAR 2007) (E.O. 11246).

(E) 52.222–35, EQUAL OPPORTUNITY FOR VETERANS (JUL 2010) (38 U.S.C. 4212).

(F) 52.222–36, EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (29 U.S.C. 793).

(G) 52.222-40, NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (E.O. 13496). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (F) OF FAR CLAUSE 52.222-40.

(H) 52.222–41, SERVICE CONTRACT LABOR STANDARDS (MAY 2014) (41 U.S.C. CHAPTER 67).

(I) 52.222–50, COMBATING TRAFFICKING IN PERSONS (FEB 2009) (22 U.S.C. 7104(G)).

(J) 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).

(K) 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).

(L) 52.222–54, EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013).

(M) 52.226–6, PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS. (MAY 2014) (42 U.S.C. 1792). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (E) OF FAR CLAUSE 52.226–6.

(N) 52.247–64, PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (FEB 2006) (46 U.S.C. APPX. 1241(B) AND 10 U.S.C. 2631). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (D) OF FAR CLAUSE 52.247–64.

ORDERING

INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE CONTRACT SHALL BE IDENTIFIED IN WRITING BY THE CONTRACTING OFFICER.

ORDER LIMITATION

NO SINGLE PURCHASE UNDER THIS CONTRACT SHALL EXCEED $5,000.00 UNLESS PLACED BY THE CONTRACT SPECIALIST LISTED UNDER ITEM SIX OF THE CONTRACT.

EXTENT OF OBLIGATION (IDIQ PORTION)

THIS AGREEMENT WILL NOT OBLIGATE THE GOVERNMENT TO ORDER, OR THE CONTRACTOR TO FURNISH ANY ARTICLES IN ANY QUANTITY EXCEPT TO THE EXTENT THAT MAY BE AGREED UPON IN CONNECTION WITH INDIVIDUAL TRANSACTIONS. QUANTITIES LISTED IN THE SERVICES AND PRICES TABLE DESCRIPTION, ATTACHMENT 1, ARE ESTIMATED QUANTITIES BASED ON PAST USAGE AND FORECASTING FOR THE UPCOMING YEAR, THEY ARE NOT GUARANTEED QUANTITIES.

PRODUCTS/PRICES DESCRIPTION

· SERVICES AND PRICES TABLE IS LOCATED IN ATTACHMENT 1.

· BIOBASED PRODUCTS: THE CONTRACTOR MUST COMPLY WITH THE AGRICULTURAL ACT OF 2014; THE FOOD, CONSERVATION AND ENERGY ACT OF 2008 (FCEA), 7 U.S.C. 8102; THE FARM SECURITY AND RURAL INVESTMENT ACT OF 2002 (FSRIA), 7 U.S.C. 8102; THE FEDERAL ACQUISITION REGULATION; EXECUTIVE ORDER (EO) 13514, “FEDERAL LEADERSHIP IN ENVIRONMENTAL, ENERGY AND ECONOMIC PERFORMANCE,” DATED OCTOBER 5, 2009; EO 13423, “STRENGTHENING FEDERAL ENVIRONMENTAL, ENERGY, AND TRANSPORTATION MANAGEMENT,” DATED JANUARY 24, 2007; AND PRESIDENTIAL MEMORANDUM, “DRIVING INNOVATION AND CREATING JOBS IN RURAL AMERICA THROUGH BIOBASED AND SUSTAINABLE PRODUCT PROCUREMENT,” DATED FEBRUARY, 2012 TO PROVIDE BIOBASED PRODUCTS.

· ALL SUPPLIES AND MATERIALS SHALL BE OF A TYPE AND QUANTITY THAT CONFORM TO APPLICABLE FEDERAL SPECIFICATIONS AND STANDARDS, AND TO THE EXTENT FEASIBLE AND REASONABLE; INCLUDE THE EXCLUSIVE USE OF BIOBASED AND RECYCLED PRODUCTS.

· THE FOLLOWING IS A LIST OF CATEGORIES FOR BIOPREFERRED PRODUCTS THAT ARE REQUIRED FOR PERFORMANCE OF THIS SERVICE CONTRACT.

· EQUIPMENT LUBRICANTS,

· HYDRAULIC FLUIDS,

· FUEL ADDITIVES,

· ENGINE OILS,

· OFFICE PRODUCTS (INK, PAPER, CLEANING PRODUCTS)

FOR MORE INFORMATION REGARDING THE DEPARTMENT OF AGRICULTURE BIOBASED PROGRAM GO TO: HTTP://WWW.BIOPREFERRED.GOV.

DELIVERY TICKETS

DELIVERY TICKETS OR SALES SLIPS THAT SHALL CONTAIN THE FOLLOWING MINIMUM INFORMATION FOR EACH CALL:

(I) NAME OF SUPPLIER.

(II) CONTRACT NUMBER.

(III) DATE OF PURCHASE.

(IV) PURCHASE NUMBER.

(V) ITEMIZED LIST OF SUPPLIES OR SERVICES FURNISHED.

(VI) QUANTITY, UNIT PRICE, AND EXTENSION OF EACH ITEM, LESS APPLICABLE DISCOUNTS (UNIT PRICES AND EXTENSIONS NEED NOT BE SHOWN WHEN INCOMPATIBLE WITH THE USE OF AUTOMATED SYSTEMS, PROVIDED THAT THE INVOICE IS ITEMIZED TO SHOW THIS INFORMATION).

(VII) DATE OF DELIVERY OR SHIPMENT.

INVOICING:

(I) A SUMMARY INVOICE SHALL BE SUBMITTED AT LEAST MONTHLY, FOR ALL DELIVERIES MADE DURING A BILLING PERIOD, IDENTIFYING THE DELIVERY TICKETS COVERED THEREIN, STATING THEIR TOTAL DOLLAR VALUE, AND SUPPORTED BY RECEIPT COPIES OF THE DELIVERY TICKETS.

(II) INVOICES WILL BE HANDLED IN ACCORDANCE WITH THE PROMPT PAYMENT ACT AND FAR CLAUSE 52.232-25. CONTRACTORS SHALL ASSIGN AN IDENTIFICATION NUMBER TO EACH INVOICE.

INVOICE CONTENT

THE CONTRACTOR SHALL SUBMIT TO THE COR AN ORIGINAL INVOICE TO THE ADDRESS DESIGNATED IN THE CONTRACT TO RECEIVE INVOICES.

THE CONTRACTOR SHALL PREPARE AND SUBMIT INVOICES TO THE DESIGNATED BILLING OFFICE SPECIFIED IN THE CONTRACT.

(I) NAME AND ADDRESS OF THE CONTRACTOR.

(II) INVOICE DATE AND INVOICE NUMBER.

(III) CONTRACT OR CALL NUMBER OR OTHER AUTHORIZATION

(IV) DESCRIPTION, QUANTITY, UNIT OF MEASURE, UNIT PRICE, AND EXTENDED PRICE OF SUPPLIES DELIVERED OR SERVICES PERFORMED.

(V) BILL OF LADING NUMBER AND WEIGHT OF SHIPMENT WILL BE SHOWN FOR SHIPMENTS ON GOVERNMENT BILLS OF LADING.

(VI) SMALL BUSINESS CONTRACTORS SHALL SELF-CERTIFY ON EACH INVOICE THEIR SMALL BUSINESS STATUS.