Solicitation MAIC Feed requirements.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

224950

7. FOR SOLICITATION INFORMATION CONTACT:

a. NAME

Leigh Eberhart, Contracting Officer

Leigh.Eberhart@aphis.usda.gov

b. TELEPHONE NUMBER (no collect calls)

(612) 336-3206

8. OFFER DUE DATE/

LOCAL TIME

01/26/2008

1:00 PM CT

USDA, APHIS, MRPBS, ASD, Contracting Team

Butler Square, 5th Floor

100 North Sixth Street

Minneapolis, MN 55403

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UNRESTRICTED OR

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SET-ASIDE 100 % FOR:

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SMALL BUSINESS FORMCHECKBOX

EMERGING SMALL

BUSINESS

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HUBZONE SMALL FORMCHECKBOX

8(A)

BUSINESS

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SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

SIZE

STANDARD:

100 employees

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

See Schedule

12. DISCOUNT TERMS

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13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

USDA APHIS International Services 4700 River Road, Attn: Beverley Barber Riverdale, MD 20737

See Block 9

FACILITY

USDA, Office of Finance and Management

National Finance Center

PO Box 60075

New Orleans, LA 70160

TELEPHONE NO.

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SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE ATTACHED SCHEDULE

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

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

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

ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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29. AWARD OF CONTRACT: REF. OFFER DATED. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

Larry D. Nelson

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

Part I. – The Schedule Section A - SUPPLIES OR SERVICES AND PRICES/COSTS

ITEMS AND PRICES

Due to the varying sizes of bales for Timothy Hay and Alfalfa Hay offers shall be submitted based on a price per pound for these line items. Offers shall submitted based on a price per 50 pound bag for Omolene and Whole Oats.

Base Year, February 1, 2009 through September 30, 2009.

Estimated max Unit Price

Total Estimated Item Description

Unit

Quantity Per Pound Amount Timothy Hay

Pound

126,000 lbs Alfalfa Hay

Pound

1,300 lbs

Total Estimated Item Description

Unit

Quantity Per Bag

Amount Whole Oats

50 lb bag 54,000 lbs

Omolene 200

50 lb bag 1,300 lbs

Option Year 1, October 1, 2009 through September 30, 2010.

Total Estimated Item Description

Unit

Quantity Per Pound Amount Timothy Hay

Pound

216,000 lbs Alfalfa Hay

Pound

2,200 lbs

Total Estimated Item Description

Unit

Quantity Per Bag

Amount Whole Oats

50 lb Bag

92,250 lbs

Omolene 200

50 lb Bag

2,250 lbs

Due to the fluctuation in prices for hay and feed, this contract will include an economic price adjustment. Once every six months, during each contract period, the Contracting Officer and the Vendor(s) will review the prices for the above contract line items 01 – 08, to make a determination if the fixed contract prices need to be adjusted by either increasing or decreasing them based on the current market price and price indexes. The determination of a competitive market price for any price adjustments will be based upon a combination of multiple wholesaler price quotes for the line items and the Producer Price Indexes (PPI) published by the U.S. Bureau of Labor Statistics. If the combination of prices from the price index and wholesaler quotes demonstrates the cost of the line item(s) has increased, the price of the line item(s) may be increased based upon the percentage of increase reflected in the PPI and quotes. If the price index and wholesaler quotes, however, demonstrate the cost of the line item(s) has decreased in price, the price of the line item(s) will be decreased based upon a percentage as reflected in the PPI and quotes. (Please refer to FAR clause 52.216-2 Economic Price Adjustment-Standard Supplies in this solicitation for more information on economic price adjustment.)

Breakdown of General Vendor Operating Costs

0101 Average Material Cost

Material Handling and Administrative Costs

Profit

Total

*Adjustments in the contract price will only be allowed as a result of changing prices for the 0101 Average Material Cost. No price adjustments will be made for a vendors increased costs in 0102 Material Handling and Administrative Costs and 0103 Profit, as these are fixed costs throughout the contract period. The Average Material Cost is the price the Vendor pays for the line item, which does not include cost of items 0102 and 0103. Requests for a price adjustment of the Average Material Cost must be accompanied with documentation of quotes received for the original price and 3 current quotes at higher rates.

SCHEDULE NOTES

Offeror shall submit a firm-fixed price offer for all costs necessary to furnish all equipment, labor, transportation, supplies, etc. necessary to provide the anmal feed and hay according to the specifications in the follow document, for the animals located at the airport quarantine facility at the USDA APHIS VS Animal Inport/Export Center at 6300 NW 36th Street in Miami, FL 33122. Price should include delivery of the product to the Miami Animal Inport/Export Center. Price quotes should be sufficient detail to determine their adequacy.

In order for an interested party to have a complete quote package, as a minimum, the package must contain the following items to be considered responsive.

(a) The first page of this solicitation (form 1449-Solicitation Contract Order for Commercial Items) signed offer.

(b) SF1449 continuation (pages 2 of solicitation) including proposed pricing for all items.

(c) Copy of the completed FAR 52.212-3 “OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL. You may complete the form included in this solicitation or you may complete the on-line version. The Online Reps and Certs Application Representations and Certifications Application (ORCA) is located on the internet and the site can be found by going to http://www.bpn.gov.

(d) Past performance references. See the technical evaluation factors described in 52.212-2.

(e) Hay and Feed samples, shipped separate than the actual quote documents listed above

(See Part II – Sample testing and Approval of Product).

Items (a), (b) and (c) should be sent to the Contracting Officer. Items (d) and (e) should be sent to the Miami Import/Export Center as indicated below. No pricing information shall be sent with the samples submitted to the Import/Export Center. Quotes may be submitted via postal mail, e-mail or by facsimile.

Items (a), (b) and (c) should be sent to be sent to the attention of Leigh Eberhart via e-mail to leigh.d.ebarhart@aphis.usda.gov; fax to: 612-336-3550 or mailed to:

USDA, APHIS, MRP

100 North Sixth Street

Butler Square, Suite 510C

Minneapolis, MN 55403

Items (d) and (e) should be sent to be sent to the attention to:

USDA APHIS VS

Miami Animal Inport/Export Center

Attn: David Alexander

6300 NW 36th Street (Perimeter Road)

Miami, FL 33122 305-526-2926 Ex. 253 If the offerors quote does not contain all of the items listed above, the quote may be considered incomplete for evaluation purposes and no further consideration will be given to the offerors quote, thereby making an offeror ineligible for award.

OFEROR NOTES

This acquisition is being conducted in accordance with Federal Acquisition Requlation (FAR) Part 12 Commercial items and the Simplified Acquisition Procedures set forth in FAR Part 13.

II. – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT:

STATEMENT OF WORK

A. Background

The USDA, Animal and Plant Health Inspection Service (APHIS), Veterinary Services (VS) intends to procure animal feed and hay to feed the animals located within the quarantine facility located at the USDA, APHIS, VS Animal Import/Export Center at 6300 NW 36th Street in Miami, Florida 33122. USDA, APHIS intends to procure this feed and hay for the period beginning on or about February 1, 2009 with a period of performance through September 30, 2009. The contract will have option to extend this period for one additional year.

B. Scope of Work

APHIS intends to award a fixed-price with economic price adjustment indefinite quantity indefinite delivery commercial supplies contract for the animal feed and hay limited to the USDA, APHIS, VS, located the USDA APHIS, VS Animal Import/Export Center at 6300 NW 36th Street in Miami, Florida 33122.

C. Period of Performance

The effective period of the contract shall be February 1, 2009 through September 30, 2009, with an option to extend the effective period for one (1) additional year from October 1, 2009 through September 20, 2010.

D. Performance Requirement

SPECIFICATIONS FOR EACH FEED REQUIREMENT

Following are the specifications for each feed or hay item listed in the schedule. Alternate products or materials are not acceptable.

Timothy Hay

Hay should be 70% green, and must not smell like pesticides, rotten, or moldy. The hay must not be dusty or wet and is free of foreign materials. The nutritional content should be no less than 10-12% crude protein. Hay is free of injurious material.

Alfalfa Hay

Mixture percentage must not be greater than 10% other legumes or grasses. Leafiness of the Alfalfa Hay is such that 50% or more of the stems shall have no less than 1/5 of the leaves clinging. Color must be no less than 66% green. Maturity: Alfalfa Hay shall be in early to mid maturity stages. Alfalfa Hay in which majority of the alfalfa stalks bear brown and/or black seed will not meet these requirements. Alfalfa Hay shall be free of foreign material. Alfalfa Hay shall have a good odor and not smell like pesticides, rotten or moldy. It shall not be under-cured, hot, wet, dusty, moldy, caked, badly broken, badly weathered, or otherwise of distinct low quality exhibiting one or more of these characteristics listed above. The Hay should not be heating. The nutritional content should be no less than 15% crude protein. Alfalfa hay shall be free of injurious material.

Omolene 200 The nutritional content must contain crude protein not less than 14%, crude fat of not less than 6.0%, and crude fiber not more than 6.5%, calcium minimum not less than .6% and not more than 9%, phosphorus minimum not less the .50%, copper ppm not less than 55, zinc ppm not less than 220, vitamin A, IU/lb not less than 3000, selenium ppm not less than .6%. It must be moist but not clumpy or moldy, and not dry or dusty. Bags must be well-sealed with no grease stains, water stains, holes, tears, small punctures or tape over tears in the bags. This product will be purchased sparingly and sporadically in response to specific customer requests.

Whole Oats

Whole oats must consist of straight, whole or cracked oats. The oats must be clean and dust free race horse oats. Product should indicate it is triple cleaned. The nutritional content must contain crude protein not less than 9.5000%, crude fat not less than 4.0000%, and crude fiber not more than 13.0000%. Bags must be well-sealed with no grease stains, water stains, holes, tears, small punctures or tape over tears in the bags.

All feed and hay to be provided under this contract shall be consistent in nature to the material originally provided for evaluation purposes during the proposal phase of the contract.

DEFINITIONS

1. Foreign material: Will be any, but not limited to: a) weeds; b) coarse or woody plants; c) cornstalks or corn stubble; d) certain grasses, if mature, such as wild-rye, annual bromegrass, pigeon grass (foxtail); e) sedges/rushes that are coarse and woody; and d) other objectionable matter which occurs in Hay.

2. Injurious foreign material: Includes, but is not limited to, hardware, such as wire, nails and other materials considered harmful to livestock including dead animals.

3. Color: Percentage of green color means the amount of green color in field cured hay computed as a percentage, based on the amount of green color remaining after allowing for maturity, sun bleach, dew, rain, or other damage.

INSPECTION

Physical inspection will take place within 3 working days from receipt of delivery, at the consignee’s premises. In addition, it is standard protocol for deliveries to be weighed by USDA APHIS VS MAIC personnel at time of delivery at time of delivery. Deliveries that are deemed not to be in compliance with the specifications are to be removed within 3 calendar days. Replacement hay shall be treated in accordance with FAR clause 52.212-4.

The Government will perform quality assurance surveillance on delivered products to verify conformance with the specifications as outlined in this contract.

DELIVERIES

The contractor shall deliver all quantities of feed and hay ordered against the line items above as specified in each individual delivery order.

The size of each bag of feed and bale of hay delivered must conform to the following specifications:

Individual bales of Timothy Hay shall not exceed 65 lbs per bale

Individual bales of Alfalfa Hay shall not exceed 80 lbs per bale

Individual bales of Sweet Feed shall not exceed 50 lbs per bag

Individual bags of Whole Oats shall not exceed 50 lbs per bag Note: Compressed bales are acceptable, (however less desirable due to amounts of dust that are trapped in the bale which is unacceptable), provided the total weight per pallet does not exceed 900 lbs.

The Miami Animal Import Center require Hay and Feed year round but possesses the ability to store approximately 24 pallets of hay. The MAIC’s peak quarantine season is between November through May, and demand decreases during the months of June through October.

During the Peak quarantine season, the Contractor may be required to provide deliveries approximately every third day of the week. Orders for product will be placed at least 96 hours prior to the required delivery date. The Contractor must acknowledge the order within 12 hours, then schedule and provide delivery of the ordered product/quantities within 84 hours (3½ days).

The hours of operation excluding federal holidays are as follows:

Hours of delivery are from 7:30 AM through 12:00 PM Monday through Friday excluding federal holidays.

On rare occasions the USDA, APHIS Veterinary Services Miami Animal Import Center will require feed and hay on short notice on any given day or night including holidays. This will be necessary when unexpected shipments of horses arrive. These deliveries will need to arrive at the USDA, APHIS Veterinary Services Miami Animal Import Center facility within 48 hours of ordering. Deliveries times shall be coordinated in advance with the USDA, APHIS, VS personnel and made between the hours of 7:30 a.m. and 12:00 p.m., Monday through Friday, excluding Federal holidays, however, deliveries may be required, in an emergency, on Saturdays, Sundays, or Federal holidays.

When the Contractor’s delivery vehicle arrives at the Miami Import/Export Center, the contractor is required to drive through the gate and to the back of the building. The delivered product will be offloaded from this location by the USDA, APHIS, VS personnel. In order to offload the delivered product, the product must be palletized and located at the back of the truck so that it can be easily unloaded by USDA personnel utilizing a fork lift. Each pallet with it’s product should be plastic shrink wrapped to secure the load to prevent tipping or shifting during the unloading process.

The USDA, APHIS, VS, Animal Import/Export Center will award the contract to the lowest price technically acceptable proposal. The USDA, APHIS, VS, Animal Import/Export Center will establish acceptable requirements for the hay and feed through the submission of hay and feed samples guaranteed to be supplied by the vendor.

Shipments will be F.O.B. Destination to the following address:

USDA, APHIS

Veterinary Services

Miami Animal Import Center

6300 NW 36 Street

Miami, FL 33122

(305) 526-2926

Invoices shall be submitted to the following address:

USDA VS ER 428J

6300 NW 36th Street (Perimeter Road)

PO Box 660657

Attn: Hiram Vazquez

Miami Springs, FL 33122

All deliveries need to include a bill of lading, and one of the USDA, APHIS,VS, Miami Import/Export Center personnel must sign for receipt of delivery on the bill of lading prior to the contractor delivery personnel departing the facility.

The following individuals are authorized as Ordering Officers under this contract:

Mr. David Alexander Mr. Jose Hernandez

Mr. Nils Forseth

Mr. Hiram Vazquez

III. CONTRACT CLAUSES

52.212-4 -- Contract Terms and Conditions -- Commercial Items. (Feb 2007)

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

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

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

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

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

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.

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

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

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

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

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

The specification.

(t) Central Contractor Registration (CCR).

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

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

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

Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (June 2008)

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

(2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(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. 253g and 10 U.S.C. 2402).

__ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (4) [Reserved]

_X_ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (6)(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.

_X_ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (8)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (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.

__ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X_ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)).

_X_ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

_X_ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

_X_ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

_X_ (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

__ (ii) Alternate I (Aug 2007) of 52.222-50.

__ (25)(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)).

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

_X_ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

_X_ (28) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

__ (29)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (31) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X_ (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (40)(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (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 settelement. 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 paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(x) 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.

Part IV – Additional Contract Clauses

52.216-2 Economic Price Adjustment—Standard Supplies. (Jan 1997)

(a) The Contractor warrants that the unit price stated in the Schedule for _________ [offeror insert Schedule line item number] is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term “unit price” excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that—

(1) Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 25 percent of the original contract unit price.

(2) The increased contract unit price shall be effective—

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in paragraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

52.216-18 – Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through end of last option exercised.

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

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

52.216-19 -- Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00, 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 $25,000.00;

(2) Any order for a combination of items in excess of $50,000; or

(3) A series of orders from the same ordering office within 7 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 _____ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 -- Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the date of the last option period exercised.

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 10 days provided the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 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…