AG-32SC-S-17-0005_USDA_Nutrient_Testing.pdf

PDF 532 KB Posted May 16, 2017

Attached to: Food Testing Laboratories Federal contract opportunity
Solicitation number: AG-32SC-S-17-0005
Issued by: Department of Agriculture Agricultural Research Service Central Program Planning Coordination and Support

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Solicitation AG-32SC-S-17-0005

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Amendment_0003.pdf	PDF	Jun 8, 2017
Amendment_0002.pdf	PDF	Jun 5, 2017
AG-32SC-S-17-0005_Amendment_0001.pdf	PDF	May 31, 2017

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AG-32SC-S-17-0005 Page 4 of 72

A - Solicitation/Contract Form

SF 1449

B - Supplies or Services/Prices

Pricing Schedule

The contractor shall provide food and dietary supplement testing and analysis to the Nutrient Data Laboratory in support of the National Food and Nutrient Analysis Program in accordance with Attachment I, “Performance Work Statement” and with the following price schedule:

A.1. Base Year Pricing (09/30/17 – 09/29/18)

Nutrients/components to be determined and units of measure to be reported

Nutrient Units per Minimum # of Estimated # Price Edible Portion1 decimal places of Samples Per Sample

Foods: Basic nutrients/ components list Proximates: 750 $

Moisture Grams 2 10 $ Protein (as Nitrogen) Grams 2 10 $ Fat Grams 2 10 $ Ash Grams 2 10 $ Individual2 and total sugars Grams 2 375 $ Total Dietary Fiber3 Grams 2 250 $ Starch Grams 2 250 $ Resistant starch Grams 2 25 $

Minerals: 750 $ Calcium Milligrams 1 10 $ Copper Milligrams 3 10 $ Iron Milligrams 3 10 $ Magnesium Milligrams 1 10 $ Manganese Milligrams 3 10 $ Phosphorus Milligrams 1 10 $ Potassium Milligrams 1 10 $ Sodium Milligrams 1 10 $ Zinc Milligrams 3 10 $ Selenium Micrograms 2 250 $ Iodine Micrograms 3 50 $

Vitamins:

Ascorbic acid (Total Vitamin C) Milligrams 2

AG-32SC-S-17-0005 Page 5 of 72

Thiamin Milligrams 3 375 $ Riboflavin Milligrams 3 375 $ Niacin Milligrams 3 375 $ Pantothenic acid Milligrams 3 180 $ Vitamin B-6 Milligrams 3 180 $ Vitamin B-12 Micrograms 3 180 $

Other:

Cholesterol Milligrams 1 25 $ Individual amino acids 4 Grams 3 100 $ Individual fatty acids 5 Grams 3 700 $ Caffeine/theobromine Milligrams 3 10 $ Organic acids Milligrams 3 25 $ Sugar alcohols Grams 2 25 $

Foods: Expanded nutrients/components list Vitamin A (Retinol) Micrograms 3 125 $ Carotenoids Micrograms 3 375 $ α-carotene, β-carotene 10 $ β-cryptoxanthin, Lycopene and Lutein/Zeazanthin

Vitamin D (D2, and D3) Micrograms 3 175 $ Vitamin D (D2, D3 and 25-OH Vitamin D) Micrograms 3 25 $ Total folate Micrograms 3 180 $ Tocopherols and tocotrienols Milligrams 3 375 $ Alcohol Grams 2 10 $ Caffeine Milligrams 1 10 $ Theobromine Milligrams 1 10 $ Theophylline Milligrams 1 10 $ Organic acids Grams 2 25 $ Sugar alcohols Grams 2 25 $

1 Nutrients are to be reported per 100 grams food, edible portion.

2 Individual sugars include: glucose, fructose, sucrose, lactose, maltose and galactose.

3 When specified may also include soluble and insoluble dietary fiber. May also call for the McLeary TDF method (AOAC 2009.01 and 2011.25) 4 Amino acids include tryptophan, threonine, isoleucine, leucine, lysine, methionine, cystine, phenylalanine, tyrosine, valine, arginine, histidine, alanine, aspartic acid, glutamic acid, glycine, proline, and serine

5 Fatty acids include: the standard set of fatty acids (C10 to C24), short chain fatty acids (C4 to C8), long chain fatty acids (higher than C24), trans fatty acids, and omega-3 (n-3) and omega-6 (n-6) fatty acids.

6 Folate vitamers include: 5-methyl tetrahydrofolate, 5-formyl tetrahydrofolate, Tetrahydrofolate, 10-methyl folic acid, and 10-formyl folic acid.

Other Nutrients/Components: Over the course of the contract, there may be the requirement for the analysis of additional nutrients/components beyond those included in Attachment A. These may include, but are not limited to, various minerals, vitamins and other bioactive compounds found in foods.

AG-32SC-S-17-0005 Page 6 of 72

A.2. Option Year I Pricing (09/30/18 – 09/29/19)

Nutrient Units per Minimum # of Estimated # Price Edible Portion1 decimal places of Samples Per Sample Foods: Basic nutrients/ components list Proximates: 750 $

Vitamins:

Ascorbic acid (Total Vitamin C) Milligrams 2 Thiamin Milligrams 3 375 $ Riboflavin Milligrams 3 375 $ Niacin Milligrams 3 375 $ Pantothenic acid Milligrams 3 180 $ Vitamin B-6 Milligrams 3 180 $ Vitamin B-12 Micrograms 3 180 $

Other:

Cholesterol Milligrams 1 25 $ Individual amino acids 4 Grams 3 100 $ Individual fatty acids 5 Grams 3 700 $ Caffeine/theobromine Milligrams 3 10 $

Carotenoids Micrograms 3 375 $ α-carotene, β-carotene 10 $ β-cryptoxanthin, Lycopene and Lutein/Zeazanthin

AG-32SC-S-17-0005 Page 7 of 72

1 Nutrients are to be reported per 100 grams food, edible portion.

2 Individual sugars include: glucose, fructose, sucrose, lactose, maltose and galactose.

6 Folate vitamers include: 5-methyl tetrahydrofolate, 5-formyl tetrahydrofolate, Tetrahydrofolate, 10-methyl

Other Nutrients/Components

Over the course of the contract, there may be the requirement for the analysis of additional nutrients/components beyond those included in Attachment A. These may include, but are not limited to, various minerals, vitamins and other bioactive compounds found in foods.

AG-32SC-S-17-0005 Page 8 of 72

A.3. Option Year II Pricing (09/30/19 – 09/29/20)

Edible Portion1 decimal places of Samples Per Sample Foods: Basic nutrients/ components list Proximates: 750 $

Vitamins:

Other:

Cholesterol Milligrams 1 25 $ Individual amino acids 4 Grams 3 100 $ Individual fatty acids 5 Grams 3 700 $ Caffeine/theobromine Milligrams 3 10 $

Carotenoids Micrograms 3 375 $

AG-32SC-S-17-0005 Page 9 of 72 α-carotene, β-carotene 10 $

Lycopene and Lutein/Zeazanthin

1 Nutrients are to be reported per 100 grams food, edible portion.

2 Individual sugars include: glucose, fructose, sucrose, lactose, maltose and galactose.

6 Folate vitamers include: 5-methyl tetrahydrofolate, 5-formyl tetrahydrofolate, Tetrahydrofolate, 10-methyl nutrients/components beyond those included in Attachment A. These may include, but are not limited to, AG-32SC-S-17-0005 Page 10 of 72

A.4. Option Year III Pricing (09/30/14 – 09/29/15)

Edible Portion1 decimal places of Samples Per Sample Foods: Basic nutrients/ components list Proximates: 750 $

Vitamins:

Other:

Cholesterol Milligrams 1 25 $ Individual amino acids 4 Grams 3 100 $ Individual fatty acids 5 Grams 3 700 $ Caffeine/theobromine Milligrams 3 10 $

Carotenoids Micrograms 3 375 $ α-carotene, β-carotene 10 $

AG-32SC-S-17-0005 Page 11 of 72

Lycopene and Lutein/Zeazanthin Vitamin D (D2, and D3) Micrograms 3 175 $ Vitamin D (D2, D3 and 25-OH Vitamin D) Micrograms 3 25 $ Total folate Micrograms 3 180 $ Tocopherols and tocotrienols Milligrams 3 375 $ Alcohol Grams 2 10 $ Caffeine Milligrams 1 10 $ Theobromine Milligrams 1 10 $ Theophylline Milligrams 1 10 $ Organic acids Grams 2 25 $ Sugar alcohols Grams 2 25 $

1 Nutrients are to be reported per 100 grams food, edible portion.

2 Individual sugars include: glucose, fructose, sucrose, lactose, maltose and galactose.

A.5. Option Year IV Pricing (09/30/21 – 09/29/22)

Nutrient Units per Minimum # of Estimated # Price Edible Portion1 decimal places of Samples Per Sample Foods: Basic nutrients/ components list Proximates: 750 $

Vitamins:

Other:

Cholesterol Milligrams 1 25 $ Individual amino acids 4 Grams 3 100 $ Individual fatty acids 5 Grams 3 700 $ Caffeine/theobromine Milligrams 3 10 $

Carotenoids Micrograms 3 375 $ α-carotene, β-carotene 10 $ β-cryptoxanthin, Lycopene and Lutein/Zeazanthin

Vitamin D (D2, and D3) Micrograms 3 175 $ Vitamin D (D2, D3 and 25-OH Vitamin D) Micrograms 3 25 $ Total folate Micrograms 3 180 $

AG-32SC-S-17-0005 Page 13 of 72

Tocopherols and tocotrienols Milligrams 3 375 $ Alcohol Grams 2 10 $ Caffeine Milligrams 1 10 $ Theobromine Milligrams 1 10 $ Theophylline Milligrams 1 10 $ Organic acids Grams 2 25 $ Sugar alcohols Grams 2 25 $

1 Nutrients are to be reported per 100 grams food, edible portion.

2 Individual sugars include: glucose, fructose, sucrose, lactose, maltose and galactose.

3 When specified may also include soluble and insoluble dietary fiber. May also call for the McLeary

TDF method (AOAC 2009.01 and 2011.25) 4 Amino acids include tryptophan, threonine, isoleucine, leucine, lysine, methionine, cystine, phenylalanine, tyrosine, valine, arginine, histidine, alanine, aspartic acid, glutamic acid, glycine, proline, and serine

6 Folate vitamers include: 5-methyl tetrahydrofolate, 5-formyl tetrahydrofolate, Tetrahydrofolate, 10-methyl folic acid, and 10-formyl folic acid.

nutrients/components beyond those included in this pricing schedule. These may include, but are not limited to, various minerals, vitamins and other bioactive compounds found in foods.

C - Description/Specifications

Performance Work Statement

National Food and Nutrient Analysis Program:

Monitoring Nutrient Levels and Bioactive Components in U.S. Foods

I. Background Information and Objectives

A. Background Information

The mission of the Nutrient Data Laboratory (NDL) is to develop authoritative values for dietary components in foods and dietary supplements to support the development of USDA composition databases, and to develop state-of-the-art methods to acquire, evaluate, compile and disseminate composition data on foods and dietary supplements available in the United States.

For more than a century, USDA has provided composition data for foods and is responsible for the acquisition, evaluation and compilation of the data. Today, composition data for foods are needed to support research, policy development and dietary guidance concerning the availability of a safe, nutritious and adequate diet. These data form the numerical bedrock of essentially all public and private work in the field of nutrition. Within the Federal government, these data support such efforts as metabolic and epidemiological research, dietary treatment of disease, dietary guidance for healthy

AG-32SC-S-17-0005 Page 14 of 72 individuals, and planning and implementation of national nutrition policy. In the private sector, composition data are used for food and diet therapy of patients in hospitals and community settings, formal and self-directed nutrition education programs for adults and children, and preventive guidance for obstetric, pediatric, and geriatric populations. Nutrition monitoring activities and their results depend heavily on food composition data. The What We Eat in America (WWEIA) component of the National Health and Nutrition Examination Survey (NHANES) use these data to calculate nutrient intake and determine the adequacy of the diet for the U.S. population overall, as well as for a range of population subgroups.

NDL has no laboratory facilities of its own, and relies on other government laboratories, cooperative agreements with university researchers, and contracts with commercial laboratories for the analyses of nutrients and non-nutrient bioactive components in foods, beverages, and other products.

B. Objectives

The purpose of this contract is to provide accurate and representative analytical data for foods. These data will be obtained through direct assay with valid, up-to-date analytical methodology along with rigorous quality control programs based on the use of Certified Reference Materials (RM), other in-house materials and thorough documentation. A separate contract will be awarded for the analysis of dietary supplements.

II. Services to be performed

A. General Requirements

The contractor shall analyze the food samples sent to them by the NDL or their designee. Nutrients to be analyzed are listed in Attachment A.

In the event the analyses of new nutrients/components are required, modified contract(s) will be created to include the new nutrients/components after the contractor has demonstrated expertise in the analyses of the specified nutrient/component by the submission of methods, validation of said methods, control charts, and the satisfactory analyses of check samples specific to the nutrient/component.

B. Specific Task/Technical Requirements

Task 1. Nutrient Analyses

1.1 Primary Nutrient Analyses

The Contractor will receive task orders for nutrient analysis for specific nutrients or nutrient groups as awarded in the contract. Samples will be sent in batches during the term of each Task Order. Upon receipt, samples are to be reviewed to determine whether or not all samples have been received and integrity (e.g. thawed, cracked jars, loose lids, etc.) according to the instructions received with the samples and logged into the Contractor’s database. NDL or its representative is to be notified immediately in the event of any problems. Samples are to be stored at no less than -60oC prior to analysis, unless they are being analyzed immediately. Analytical samples are to be taken from the sample jars in such a way as to maintain sample integrity for the nutrient content, and to ensure homogeneity of the aliquot. If special handling is required, these instructions will sent with the samples. Samples shall be analyzed for the nutrients specified by NDL or its designee in the instructions accompanying the samples (work order). Vitamin C, carotenoids, and folate in foods, if

AG-32SC-S-17-0005 Page 15 of 72 listed, shall be analyzed as soon as possible after receipt of the samples but no more than two weeks after receipt.

The laboratory shall use Association of Official Analytical Chemists (AOAC International) 20th ed.

or other methods which they have validated for use in their facility. Any modifications to the standard analytical methods shall be documented and non-AOAC methods must be fully described. If the contractor wishes to change a method specified in their proposal, they may do so after providing validation data for the new or modified method and receiving notification of acceptance by the COR.

Appropriate quality control procedures shall also be employed during the analyses. Results of analyses shall be reported in the units and to the number of decimal places or significant figures specified in Attachment A. If additional decimal places are required, NDL will contact the Contractor to determine if this is possible before including them in the instructions accompanying the samples.

Unique homogenization procedures may be required for certain labile nutrients (e.g. folate, vitamin C or carotenoids).

Total folate will be determined by either the single enzyme or tri-enzyme microbiological methods as specified by NDL, as appropriate for the food.

Folic acid and folate vitamers, that can be summed to give total folate, will be determined using appropriate enzymatic treatment of samples followed by HPLC or UPLC with mass spectrometric detection.

Fatty acid profiles includes individual fatty acids (C4 to C24), and when appropriate, long chain fatty acids (higher than C24), trans fatty acids, and omega-3 (n-3) and omega-6 (n-6) fatty acids.

Total dietary fiber shall be analyzed by the enzymatic-gravimetric method of Lee et al. When appropriate, in addition to total dietary fiber, separate analyses for insoluble dietary fiber (IDF) and soluble dietary fiber (SDF) may be requested. For specific foods, the CODEX Dietary Fiber method (AOAC 2009.01 and 2011.25) may also be requested.

1.2 Repeat Analyses

Values that are in error due to contractor operation, such as mistakes in calculations, dilutions, etc., shall be reanalyzed at the contractor's expense. The contractor shall have 30 days to respond to a COR request to repeat any analyses and to resolve any questions. All work must be completed within the performance period. Aliquots of the original food samples sent to the lab shall be stored at -60o C or lower in the original glass jars for 6 months or until the results are approved and the COR informs the lab that no further repeat analyses are required for a batch of samples, whichever comes first. If needed, for certain nutrients in foods, new samples will be sent for repeat analyses.

Task 2. Reporting Requirements

The contractor shall prepare reports as specified in each task order.

2.1 Monthly Reports

A monthly report is due by the 15th of each month. The report shall contain at minimum:

• List of samples received since the last data submission and awaiting analysis (i.e. any samples not included in the Data File Reporting Results);

AG-32SC-S-17-0005 Page 16 of 72

• Analyses performed during the reporting period;

• Any problems encountered during the reporting period;

• What steps were taken to resolve those problems; and

• Estimated date of next delivery of data and expected samples to be included; and

• Any changes in analytical methodology

Status reports may be sent by E-Mail.

2.2 Data Files Results

Separate data files for food samples, reporting the results of analyses, are due no more than 30 days after receipt of each batch of samples for analysis. It is anticipated that batches of samples may be sent every 4-6 weeks, not including smaller batches for repeat analyses and other special projects, over the course of a year. The data file submission shall contain the following:

• A list of samples included in the data submission;

• Detailed descriptions of sample processing, including any special procedures;

• Methods of analysis, including any modifications;

• The results of internal quality control procedures conducted at the same time as the analyses of the submitted samples, including comparisons to certified materials, shall be included with each report);

• Results for all analyses specified in the instructions accompanying a batch of samples for the edible portion in the units for foods and to the number of decimal places specified in Attachment A of the SOW; and

• Any sample weights (if requested in the task order); and

• Detection and/or Quantitation limits for all nutrients/components included in the report.

The nutrient/component data presented in each data file shall be delivered by e-mail in a Microsoft Excel spreadsheet with the following columns:

1. Laboratory sample number;

2. Sample number assigned by NDL or it’s designee;

3. Sample description from the analysis request sent with the sample

4. Nutrient/component analyzed;

5. Results;

6. Units

7. Indication if value is less than the LOD/LOQ;

8. Date of analysis

9. Sample size in grams.

QC results shall be reported on a separate tab and include additional columns to include target values

AG-32SC-S-17-0005 Page 17 of 72 and ranges for QC materials. Other information requested above shall be reported on separate tabs.

A separate file shall be created for each Task Order and batch of samples. In the event e-mail is unavailable, copies on machine-readable media (i.e. CD-ROM) may be used. Any change in data format submitted shall be clearly defined and agreed on by the COR. The CD-ROM or e-mail files shall not contain any copy-protection coding or formatting which would prevent the government from making additional copies of the files. THE DATA GENERATED BECOMES THE PROPERTY OF

USDA AND SHALL NOT BE DISSEMINATED OR USED IN ANY OTHER WAY BY THE

CONTRACTOR WITHOUT PERMISSION.

2.3 Problem Resolution Report

In the event a performance problem occurs, a report showing resolution of the problem will be due within four (4) weeks after receipt of the demonstration samples. The report shall contain the results of the analyses of demonstration sample and steps taken to resolve the problem.

D - Packaging and Marking

Not Used

E - Inspection and Acceptance

52.246-4 Inspection of Services—Fixed-Price (AUG 1996)

F - Deliveries or Performance

Period of Performance

The period of performance for the base contract is: September 30, 2017 through September 29, 2018.

The option year(s) period of performance (if exercised) are:

Option I: September 30, 2018 through September 29, 2019

Option II: September 30, 2019 through September 29, 2020

Option III: September 30, 2020 through September 29, 2021

Option IV: September 30, 2021 through September 29, 2022

G - Contract Administration Data

Not Used

H - Special Contract Requirements

52.216-18 Ordering (OCT 1995)

AG-32SC-S-17-0005 Page 18 of 72

(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, 2017 through September 29, 2022.

(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)

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 $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $300,000;

(2) Any order for a combination of items in excess of $600,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (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 2 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

AG-32SC-S-17-0005 Page 19 of 72

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 September 29, 2022.

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days; 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.

I - Contract Clauses

AG-32SC-S-17-0005 Page 20 of 72

52.202-1 Definitions. (NOV 2013)

52.203-3 Gratuities (APR 1984)

52.212-4 Contract Terms and Conditions -- Commercial Items (JAN 2017)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JAN 2017)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(4) 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.]

_X__ (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).

_X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

_X__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

AG-32SC-S-17-0005 Page 21 of 72

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

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

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (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.

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

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

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (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).

AG-32SC-S-17-0005 Page 22 of 72

___ (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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

_X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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

13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017;

applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (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.)

AG-32SC-S-17-0005 Page 23 of 72

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (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.

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

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

___ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (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.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (51) 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).

AG-32SC-S-17-0005 Page 24 of 72

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

___ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.]

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

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

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

AG-32SC-S-17-0005 Page 25 of 72

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (12) 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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

AG-32SC-S-17-0005 Page 26 of 72

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 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.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

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

(xiii) 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.)

(xiv) 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)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

AG-32SC-S-17-0005 Page 27 of 72

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(xxii) 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.

(xxiii) 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.

52.219-8 Utilization of Small Business Concerns (NOV 2016)

52.219-9 Small Business Subcontracting Plan (JAN 2017) Alt II (NOV 2016)

52.219-14 Limitations on Subcontracting (JAN 2017)

52.222-17 Nondisplacement of Qualified Workers (MAY 2014)

52.222-41 Service Contract Act (MAY 2014)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits

AG-32SC-S-17-0005 Page 28 of 72

52.222-43 Fair Labor Standards Act and Service Contract Act Price Adjustment (Multiple Year and Option Contracts) (MAY 2014)

52.222-44 Fair Labor Standards Act and Service Contract Act – Price Adjustment (MAY 2014)

52.222-50 Combating Trafficking in Persons. (MAR 2015)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

52.228-5 Insurance – Work on a Government Installation (JAN 1997)

52.232-1 Payments. (APR 1984)

52.232-33 Payment by Electronic Funds Transfer – System for Award Management (JUL 2013)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.244-6 Subcontracts for Commercial Items. (JAN 2017)

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.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated Nov 14, 2017.