package.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

APHIS-MRPBS-ASD-6395

100 N 6TH STREET

Butler Square, 5th Floor ASD Procurement Branch

USDA APHIS MRPBS

GIPSA-FGIS-7A93 CODE 16. ADMINISTERED BYCODE

X

X

X

926140

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MRPBS-ASD-6395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

11/18/2015 1700 ET

11/13/2015

919-855-7003LATISHA HOLLMAN

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-6395-S-16-0022

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 42760640OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

MINNEAPOLIS MN 55403

TELEPHONE NO.

17a. CONTRACTOR/

STUTTGART AR 72160

211 South Leslie Street

P.O. BOX BOX 137

USDA, GIPSA, FGIS

15. DELIVER TO

MINNEAPOLIS MN 55403

100 N 6TH STREET

Butler Square, 5th Floor ASD Procurement Branch

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS MRPBS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Tax ID Number: Not Available DUNS Number: Not Available

This solicitation is for a Blanket Purchase Agreement (BPA) for Commodity Sampler Service for Office specified in the statement of work.

Delivery: 11/18/2015

Continue..

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

LATISHA A. HOLLMAN

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

VENDOR:

ADDRESS:

DUNS:

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP).

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Product/Service Code: H387

Product/Service Description: INSPECTION-

AGRICULTURAL SUPPLIES

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42 2 of

Notes to Quoters:

1. This solicitation is for one or more Blanket Purchase Agreements (BPA’S). If more than one agreement is awarded, the decision to use a particular BPA will be made based on location, price, and service need.

2. ANY QUESTIONS PERTAINING TO THIS Request for Agreements (RFA) SHALL BE DIRECTED TO LATISHA HOLLMAN, BY EMAIL TO latisha.a.hollman@APHIS.USDA.gov no later than 2 days before quotes are due.

3. ALL CONTRACTORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD

MANAGEMENT (SAM) PRIOR TO CONTRACT AWARD. Go to www.sam.gov to register. If already registered, please make sure that your registration is up to date, that you have completed all FAR representations and certifications, and that you are registered under the NAICS code used for this solicitation.

4. ALL WORK PERTAINING TO THIS REQUEST SHALL BE DONE IN ACCORDANCE

WITH THE ATTACHED BPA AND THE DEPT OF LABOR WAGE DETERMINATIONS

APPLICABLE TO EACH WORK SITE. Wage rates for each site can be found at http://www.wdol.gov/sca.aspx, and will be included in the contract.

5. YOU MAY EMAIL YOUR QUOTE DIRECTLY TO LATISHA HOLLMAN before the time specified on the solicitation. Send quotes to: latisha.a.hollman@APHIS.USDA.gov.

6. USDA IS AN AGENCY OF THE FEDERAL GOVERNMENT, TAX-EXEMPT. FEDERAL

TAX. I.D. NO. 41-0696271.

7. Interested vendors shall submit the completed pricing schedule, statement of capability (including key personnel- see clause 452.237-74 KEY PERSONNEL), three references, and location (See Provision 52.212-2 at the end of this document for complete information). Price for hourly rates shall include all costs necessary to perform the specified work at the various facility locations indicated in the Statement of Work. Contractors must indicate the facilities they wish to have included in the BPA, only the locations listed on the pricing schedule will be considered for inclusion in the BPA if awarded.

8. This solicitation is 100% small business set-aside.

PRICING SCHEDULE:

Rate shall be a firm fixed hourly rate for inspection services at the location(s) quoted. Pricing shall include all costs associated with providing the service.

SERVICE LOCATION(S)

PRICE SCHEDULE

Item No Description Unit Price

001 Contract Sampler $ ____________/ PER HR

1. DETAILS OF SOLICITATION

1.1 DESCRIPTION OF AGREEMENT: This is a solicitation to establish one or more Blanket Purchase Agreements (BPAs). Pursuant to Federal Acquisition Regulation (FAR) 13.303, Blanket Purchase Agreements, the Contractor agrees to the following terms of a BPA EXCLUSIVELY

WITH UNITED STATES DEPARTMENT OF AGRICULTURE (USDA), ANIMAL PLANT

HEALTH INSPECTION SERVICE (APHIS) and Grain Inspection, Packers and Stockyards Administration (GIPSA). Contractor shall provide processed commodity inspection and weighing services under the authority of the Agriculture Marketing Act (AMA) in the geographical area serviced by the FGIS Domestic Inspection Operations Office (DIOO). These areas include commodity plants in Crete, Nebraska; Cambria, Wisconsin; and Danville, Illinois.

Work shall be done in accordance with the specifications when requested by the Contracting Officer or those individuals authorized to make call orders under the BPA.

1.2 TERM OF AGREEMENT: The effective period of this BPA is one year (August 25, 2015 through August 24, 2016).

1.3 EXTENT OF OBLIGATION: The Government is obligated only to the extent of authorized call orders actually placed against this BPA.

1.3.1 Review for compliance to new statutes or directives shall be completed, at least annually, before the anniversary of the BPA’s effective date. Any revisions to the BPA, as a result of this review, shall be accomplished by a bi-lateral modification.

1.3.2 This agreement may be unilaterally terminated at any time by either party with thirty days written notice and may be rewritten or revised at the option of the Contracting Officer.

1.3.3 Purchases after the specified period or exceeding the aggregate total dollar limitation shall not be authorized, nor considered an obligation.

1.3.4 Call orders made under this BPA will include, by reference, the terms and conditions set out in this BPA.

1.4 PRICING: The prices to the Government for all services under this BPA shall be as low as, or lower, than those charged the supplier’s most favored customer for comparable services under similar terms and conditions.

No single call order may exceed $25,000. Estimated hours at this location may vary. The Government is obligated only to the extent of authorized call orders actually placed against this BPA. There is no minimum guarantee under this BPA. If more than BPA is awarded, the decision to use a particular BPA will be made based on location, price, and service need.

1.5 PURCHASE LIMITATION: Each Call Order placed by individuals authorized under this BPA shall not exceed $25,000. BPA Ceiling: Combined Call Orders must not exceed $250,000 per BPA per BPA year. There is no minimum guarantee under this BPA.

1.6 LIMITATIONS OF INDIVIDUALS AUTHORIZED TO PLACE CALL ORDERS AND

DOLLAR AMOUNT: Calls under this agreement are only authorized by the following USDA Personnel and USDA Contracting officer. All call orders by the following personnel are limited to $25,000 per person, per call: Authorized USDA Personnel:

Tina Crane – (870) 673-2508

1.6.1 Orders under the BPA will be issued based on hourly requirements for a given service location and shall detail the BPA Pricing Schedule item and quantity being ordered.

1.6.2 All calls by USDA purchasers shall be tracked and reported to the contracting officer at least quarterly. This information shall be sent to Latisha.A.Hollman@aphis.usda.gov.

1.6.3 DELIVERY: Upon services rendered under this agreement, the supplier shall provide a delivery ticket or sales slip containing the following minimum information:

(i) Name of contractor/worker.

(ii) BPA number.

(iii) Date(s) of services rendered.

(iv) Purchase number.

(v) Itemized list of services furnished.

(vi) Quantity and 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.

1.7 RECEIPT AND ACCEPTANCE OF PURCHASES: Receipt of purchases shall be indicated by signature and date on the appropriate form by the authorized Government representative. This shall be subject to acceptance by the assigned receiver when compared to the documentation of the original call. A sales slip, or delivery ticket (See 1.6.2), may be used for receipt and acceptance.

1.8 INVOICES:

The USDA, APHIS uses the Invoice Processing Platform (IPP) for electronic submission and tracking of invoices and payment information to its suppliers of goods and services. Invoices shall be submitted electronically to the IPP invoicing system. The contractor may register at https://ipp.gov . An invoice must include—

(1) Name and address of the Contractor;

(2) Invoice date;

(3) BPA number, contract line item number and, if applicable, the order number;

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

(5) Terms of any prompt payment discount offered;

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

(7) Name, title, and phone number of person to be notified in event of defective invoice.

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. Contractors are encouraged to assign an identification number to each invoice.

1.9 DELIVERY: All items will be FOB Destination.

1.10 POINT OF CONTACTS (POCs):

a. Technical POC for arranging delivery: Tina Crane (870) 673-2508

b. Payment POC for invoicing: Tina Crane, USDA GIPSA, 211 S. Leslie

STUTTGART, AR 72160, PHONE: (870) 673-2508 EXT.21, FAX: (870) 673-2500

c. Contracting Specialist for BPA related issues: Latisha Hollman, USDA, APHIS, MRPBS, AAMD, 920 Main Campus Dr, Suite 200, Raleigh, NC 27606. Email:

Latisha.A.Hollman@aphis.usda.gov. Telephone: (919) 855-7003

Statement of Work To Assist the U.S. Department of Agriculture, Grain Inspection, Packers and Stockyards Administration , Federal Grain Inspection Service Stuttgart, Arkansas , Field Office

In Providing Rice Inspection and Weighing Services

I. INTRODUCTION

The U.S. Department of Agriculture (USDA), Grain Inspection, Packers and Stockyards Administration (GIPSA), facilitates the marketing of U .S. grain and related agricultural products through the establishment of standards for quality assessments, and regulation of handling practices. GIPSA's Federal Grain Inspection Services (FGIS) administers the official rice inspection and weighing program under the authority of the Agricultural Marketing Act of 1946 (AMA), as amended.

The AMA authorizes the Secretary of Agriculture to contract with private firms, institutions , and individuals for the purpose of performing specified inspection services. FGIS will use this contracting authority to supplement its workforce by contracting with private firms, institutions, and individuals to grade, sample, or weigh bulk and bagged rice when requested by FGIS to help respond to unpredictable workloads.

II. SCOPE OF WORK

When requested by FGIS , the contractor must provide Federal rice inspection services under the authority of the AMAin the geographical area serviced by the FGIS Stuttgart, Arkansas , Field Office (F/0). These areas may include rice facilities in the following areas:

• Jonesboro, Arkansas;

• Crawfordsville, Arkansas;

• Waldenburg , Arkansas;

• McGehee, Arkansas

• Greenville, Mississippi

The rice inspection services that the F10 may assign to the contractor include but are not limited to, the following services (Reference§ 868.l(b) (23) ofthe regulations):

a. Plant Approval (Sanitation) Service.

Determining whether a plant/mill is processing and/or packaging commodities under sanitary conditions. (Reference: FGIS Sanitation Handbook)

b. Sampling Service.

Drawing a sample from a rice lot using FGIS-approved methods to obtain representative samples for analysis to determine quality based on grade, official factors, or official criteria or any combination of these according to the regulations , Official U.S. Standards, and instructions. (Reference: FGIS Rice Inspection Handbook) ·

c. Lot (Quality) Inspection .

Obtaining a representative sample(s) of an identifiable rice lot, examine and test the sample to determine quality based on grade, official factors, or official criteria or any combination of these according to the regulations , Official U.S. Standards, and instructions. (Reference: FGIS Rice Inspection Handbook)

d. Condition of Food Container Inspection.

Examining the containers for condition, construction , sealing, and markings using U.S. Standards for Condition of Food Containers. (Reference: Agricultural Marketing Service, Part 42--Standards for .Condition of Food Containers)

e. Checkweighing.

Weighing a selected number of containers from a rice lot, determining the estimated total gross, tare, and net weight, or the estimated average gross or net weight per filled container. (Reference: Chapter 4, FGIS Weighing Handbook)

f. Bulk Weighing.

Monitoring the loading and weighing of rice lots by facility weighing personnel to determine the quantity of the rice lots inspected. (Reference: Chapters 1 and 2, FGIS Weighing Handbook)

g. Carrier Stowage Examination.

Visually determine if a carrier or container is clean; dry; free of infestation , rodents , toxic substances, and foreign odor; and suitable to store or carry rice.

(Reference: Directive FGIS 9180.48)

h. Checkloading.

Perfmming a stowage examination on a carrier, computing the number of filled containers loaded aboard the carrier , observing the condition of containers loaded aboard the carrier, and sealing the loaded carrier , if practicable. (Reference:

Directive FGIS 9180.50)

1. Observation of Loading.

Determining that an identified lot has been moved from a warehouse or carrier and loaded into another warehouse or carrier. (Reference: Directive

FGIS 9180.50)

J. Submitted Sample Inspection .

Examining or testing a rice sample submitted by an applicant for inspection. (Reference: FGIS Rice Inspection Handbook)

k. Witness of Fumigation

Verifying the application of a fumigant to a specified cargo.

III. APPLICABLE DOCUMENTS

The contractor must perform all rice inspection and weighing related services in accordance with the AMA (7 U.S.C. 71 et seq.), regulations (7 CFR Part 868), Rice Inspection Handbook, instructions, methods , and policies and procedures.

(Reference: http://www.gipsa.usda.gov/GIPSA/webapp?area =home&subject=lr&topic=landing)

IV. RESPONSIBILITIES

A. Individual Contractors Not Affiliated with a Finn

The Contractor is responsible for providing rice inspection and related services to assist FGIS, when requested , in facilities in one or more of the following locations: Stuttgart, Jonesboro , Crawfordsville, Waldenburg, and McGeehee, Arkansas, or Greenville Mississippi in accordance with the AMA, regulations, U.S. Standards for Rice, instructions , and policies and procedures established under the authority of the AMA.

Individual Contractors Must:

1. Not have a conflict of interest (as specified in 7 CFR §868.80).

Contractor must not have interest, financial or otherwise, direct or indirect, in merchandising, handling, storing, or processing commodities of the kind to be sampled or related products.

2. Meet the physical condition requirements in the Sanitation Inspection

Handbook.

http://www.gipsa.usda.gov/GIPSA/webapp?area http://www.gipsa.usda.gov/GIPSA/webapp?area

3. Provide own transportation to and from point( s) of service. Have readily available during working hours a valid license to perform assigned service, and abide by the plant's or mill's safety and sanitation regulations.

4. Follow the U.S . Standards, regulations, and approved official procedures and approved equipment to perform rice inspection, sampling, and other related services.

5. Deliver or mail reports , samples , and other required documents to locations and within the time frame specified by the F/0. Complete and sign required reports and inspection forms. Keep an accurate record of the time inspections begin and finish .

6. Participate in check sample surveys, if applicable. Complete check sample surveys and return the inforn1ation to the originating officewithin 1 week of receipt of the samples.

7. Participate in the Quality Assurance Program, if applicable, as directed by the FlO and as set forth in the GIPSA Quality Handbook.

8. Bill FGIS for requested labor to assist in performing rice inspection and related services by preparing billing invoices for hourly services performed against the contract and submit them to the F/0 for payment.

9. Report immediately any apparent violation ofthe AMA, Part 868 regulations , and instruction to the field office according to FGIS Directive 9070.6, Reporting Violation of the U.S. Grain Standards Act and the Agricultural Marketing Act of 1946.

10. Provide FGIS written notice at least 90 days before the expiration of the contract period whether or not to extend the duration of this contract. The contract is in effect for 1 year with FGIS ' option to extend the duration, but not to exceed 4 years.

B. FGIS Stuttgart FO

GIPSA's, FGIS, Field Management Division personnel are responsible for interpreting standards and specifications; determining appropriate inspection methods and techniques; and developing inspection guidelines, instructions, handbooks, and training aids.

FGIS will:

1. License Contractor determined by FGIS as qualified to perform official rice inspection and related services. Test potential licensees to determine their skills and abilities. Conduct triennial renewals of licensed individuals.

Issue licenses, in accordance with 7 CFR Part 868 Regulations as supplemented by FGIS-issued instructions and maintaining the licensing database.

2. Provide the Contractor with the U.S. Standards for Rice; pertinent regulations, instructions, directives and notices; sampling, inspection and weighing procedures and equipment; containers and tags for mailing samples; security containers; FGIS Directive 9070.6, Reporting Violations of the U.S . Grain Standards Act and the Agricultural Marketing Act of 1946; official forms including Form FGIS-11 0, Bribery Card.

3. Monitor the performance of Contractor in the application of sampling methods and techniques; inspection procedures and results; and performing other services.

4. Report to the Contracting Officer, if the Contractor is found to be in violation of the AMA and regulations. FGIS will suspend or revoke any license according to applicable regulations when it deems such action to be for the good ofUSDA/GIPSA.

5. Pay the contractor for assisting in performing rice inspection and related services.

6. Designate service testing laboratories which the contractor may send commodity samples for chemical, physical, and microbiological analysis or inspections.

7. Give Contractor the location and time of service requests.

8. Spot check Contractor=s performance to ensure that it is according to contract specifications. The method and frequency of spot checking will be determined by the F/0 and will depend on various factors including the contractor's performance history, service point workload, distance, and budget constraints.

9. Ensure that the Contractor understands : inspection methods and techniques ; how to use handbooks, instructions, sampling plans, forms, and any equipment involved in performing required services; the necessity and procedures for sample, equipment, and inspection data security; that samples must be mailed to the appropriate laboratory in a timely manner;

and that they are not employees of the Federal Government and therefore, are not covered by such benefits as health, retirement, vacation, social security, unemployment compensation, workman=s compensation, etc.

10. Contractors are limited to six months of days in a contract/fiscal year.

Page 10 of

11. Contracts are limited to less than $25,000 and one year.

V. BASESFORPAYMENT

a. Contractual services are based on the hourly rate with a guaranteed 2-hour minimum payment per call out.

b. The hourly rate is tmiform for all services covered by the contract, whether services are performed singly or combined.

c. The service hours begin when the contractor anives at the service location, but not before the call out time, and end when they leave the service location, less any mealtime (unless travel is outside a 20 mile radius from the service point).

d. There is no special hourly rate for overtime, night differential or holidays.

The government mileage rate is paid from Greenville, Crawfordsville, Stuttgart and Jonesboro as appropriate, and travel time is paid from those same locations when travel is more than 20 miles. Also travel time is paid for delivering samples to designated points from the four sites mentioned above.

e. Payment for partial service hours is based on one-fourth of the hourly rate for each quarter hour worked.

f. The number of hours requested to work is not guaranteed; that is, the hours might be less than the amount shown in the purchase order.

g. Form .FGIS-992, AServices Performed Report,@ must be completed and sent to the F10 each time called to a service location to perform a service. If, upon arrival, there was no work (including standby time), the service location call out and departure times and the phrase A2-hour miniinum@ must be shown in the AComments of Sampler@ block. If there was less than 2 hours of work performed (including standby time), the service location departure time and the phrase A2- hour minimum@ must be shown in the block.

VI. PUBLIC RELATIONS

It is essential for all employees of the Contractor, and their subcontractors, to display a positive image of USDA/GIPSA by ensuring that their employees maintain favorable relations with the grain loading facility and associated staff. Personnel must be courteous in their dealings with facility management. All personnel working for the Contractor must carry identification at all times documenting employment by the Contractor. Work must be performed with due care, taking precautions against damage to property and interference with vehicular or pedestrian traffic. The Contractor must protect against damage to all USDA/GIPSA, commodity loading

Page 11 of facility, and associated property.

VII. QUALITY ASSURANCE

A. The government will evaluate the Contractor's performance under this contract.

Nonperformance or substandard task performance will be documented when it occurs.

B. The Government will monitor quality control procedures under this contract.

The Contractor will submit a quality control plan before the contract start date.

The plan must include methods to be used for identifying and preventing defects in the quality of service performed and records to be kept to document corrective or preventive actions taken. The contractor must make appropriate modifications and obtain acceptance of the plan by the contracting officer before the contract start date.

VIII. CONTRACTOR LIABILITY

The Contractor is liable for any damages, losses, or injuries to people, property, and animals, which occur as a result, directly or indirectly, from work performed by the contractor's employees and subcontractors while under contract with USDA/GIPSA. The Contractor must immediately notify FGIS and the Contracting Officer, of any damages, losses, or injuries occurring during the performance of any contract with USDA.

POINST OF CONTACT

1. POC TO CONTACT Contractor- Sandra A. Metheny, Field Office Manager Sandra.a.metheny@usda.go v; phone: 870-673-2508 x28

2. POC for this order and invoicing - Tina Crane, Supervisory Certification Assistant/COR tina.m.crane@usda.gov; phone: 870- 673-2508 x21

Page 12 of mailto:Sandra.a.metheny@usda.go

3.0 CLAUSES AND PROVISIONS

CLAUSES

52.204-13 System for Award Management Maintenance (Jul 2013)

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

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

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

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

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (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).

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

___ (5) [Reserved]

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

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

Page 13 of

___ (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).

___ (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 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a).

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

___ (13) [Reserved]

_X__ (14) (i) 52.219-6, Notice of Total Small Business 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 (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)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

Page 14 of

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

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

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

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.

13126).

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

_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

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

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

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

Page 15 of

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

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

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

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

8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

Page 16 of

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

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

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

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

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

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

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.]

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

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

_X__ (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).

___ (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).

Page 17 of

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

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

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United 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.

Page 18 of

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 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.

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

(xi) ____ (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).

(xii) 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.)

(xiii) 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)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

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

(xvi) 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).

(xvii) 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.

(xviii) 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)

Page 19 of

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 no later than 30 days before contract expiration.

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

452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury.

Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(End of Clause)

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

452.237-74 KEY PERSONNEL (FEB 1988)

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

Page 20 of

Inspection Services Personnel

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

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

52.246-4 -- Inspection of Services -- Fixed-Price (Aug. 1996)

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/these address(es):

http://farsite.hill.af.mil/vffara.htm

(End of Clause)

AGAR 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR

CORPORATE APPLICANTS

(a) This award is subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, Sections 738 and 739 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these Attachment 1 AGAR Advisory 104

Page 21 of http://farsite.hill.af.mil/vffara.htm

Attachment 1, AGAR Advisory 104 Page 4 of 4 convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, USDA may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739.

Page 22 of

PROVISIONS

52.212-1 Instructions to Offerors—Commercial Items. (Apr 2014)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Mar 2015)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through

(p) of this provision.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

Page 23 of http://www.acquisition.gov/

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or…