AG-6395-S-11-0070.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

CODE 16. ADMINISTERED BYCODE

X

X

X

325320

SIZE STANDARD:

100.00% FOR:SET ASIDE:UNRESTRICTED OR

APHIS-MRPBS-ASD-6395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/07/2011 1200 CT

05/16/2011

612-336-3625LEAH SCHULTZ

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-6395-S-11-0070

5. SOLICITATION NUMBER

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

1 37 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

MINNEAPOLIS MN 55403

TELEPHONE NO.

17a. CONTRACTOR/

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

EMERGING SMALL

BUSINESS

8(A)

USDA APHIS MRPBS

SOLE SOURCE

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

PLEASE COMPLETE ATTACHED PRICE SCHEDULE.

SEE SECTION 1.0 - 5.0 FOR DETAILS OF THIS

SOLICITATION.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

NATHAN D. JOHNSON

. 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 HEREIN.

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. 3/2005)

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.

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. 3/2005) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37 2 of

AG-6395-S-11-0070

1.0 PRICE SCHEDULE

The Government intends to award an Indefinite Delivery Indefinite Quantity (IDIQ) contract for synthetic food two component solid matrix dispensers and synthetic food three component solid matrix dispensers. The term of this contract will be five years from date of award. Any price increases will take effect January 1 of each year.

Indicate the price per individual 2 and 3 component solid matrix dispensers. Include lot pricing as we anticipate bulk ordering and want to take advantage of any discount pricing. Lot pricing must include the number of dispensers in each lot.

The current minimum order required by this contract is $1,000. If there is a price incentive for a higher minimum, indicate this on your submission.

As indicated in Section 2 below, all prices must include freight costs to Edinburg, TX 78541 or Palmetto, FL 34221. If there is a price difference between these two destinations, please indicate this in the price schedule.

**When submitting the price schedule with your proposal, the contractor must specify lead‐times for all items.

Prices per Period of Performance: Price per Price per Dispensers per Dispenser Lot Lot Date of Award through 12/31/11:

001. 2 Component Patch Dispensers _________ ________ _________

002. 3 Component Patch Dispensers _________ ________ _________

January 1, 2012 – December 31, 2012:

003. 2 Component Patch Dispensers _________ ________ _________

004. 3 Component Patch Dispensers _________ ________ _________

January 1, 2013 – December 31, 2013

005. 2 Component Patch Dispensers _________ ________ _________

006. 3 Component Patch Dispensers _________ ________ _________

January 1, 2014 – December 31, 2014

007. 2 Component Patch Dispensers _________ ________ _________

008. 3 Component Patch Dispensers _________ ________ _________

January 1, 2015 – December 31, 2015

009. 2 Component Patch Dispensers _________ ________ _________

010. 3 Component Patch Dispensers _________ ________ _________

January 1, 2016 – June 30, 2016

011. 2 Component Patch Dispensers _________ ________ _________

012. 3 Component Patch Dispensers _________ ________ _________

1.1 Price Scheduling Notes

1.1.1 The resulting contract will be an IDIQ (indefinite delivery indefinite quantity) contract with firm fixed price line items.

1.1.2 In accordance with FAR 52.212‐1: Please ensure your firm provides all necessary items to be considered responsive as outlined in Section 2.8.2 below.

1.1.3 The Government will make an award on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for the non‐cost factors. See FAR 52.212‐2 Evaluation of Commercial Items for Technical and Past performance factors and Section 2.8 – Evaluation Factors for Award.

1.1.4 An Economic Price Adjustment (EPA) is available (see clause 52.216‐3).

1.2 Questions

All questions must be submitted via email no later than 1 June 2011 to: leah.h.schultz@aphis.usda.gov.

1.3 Quote due date, time, and format

Proposals are due via email or mail no later than 12:00 PM CST on 7 June 2011. It is the contractor’s responsibility to ensure proposals are received on time. If submitting via email please note that file size limitations, formatting, or other problems may hamper receipt so please verify that the contracting officer has received your Proposal. PLEASE NOTE that items #1, 3‐4 identified in Section 2.8.2 below must ONLY be submitted to the Contracting Specialist, Leah Schultz.

USDA APHIS MRPBS

Leah Schultz – Contracting 100 North 6th Street Suite 510 – C Butler Square Minneapolis, MN 55403

(612) 336‐3625 (phone)

(612) 336‐3550 (fax) Leah.h.schultz@aphis.usda.gov

As part of the contractor’s proposal, they must submit dispenser samples in accordance with Item #2 of Section 2.8.2 below. The samples must be postmarked by 7 June 2011. The samples must be received by Dave Asher at the address below by 3:00 PM CST on 9 June 2011. Please verify that Dave Asher received your samples.

USDA APHIS PPQ

Attn: David Asher Bldg 6407, Moore Air Base 22675 N Moorefield Rd Edinburg, TX 78541 956‐205‐7640

2.0 STATEMENT OF WORK

SYNTHETIC FOOD THREE COMPONENT SOLID MATRIX LURES (DISPENSERS) AND TWO COMPONENT SOLID

MATRIX LURES (DISPENSERS)

2.1 SCOPE

The Government intends to procure a five (5) year Indefinite Delivery Indefinite Quantity contract for synthetic food bait lures for the attraction of various fruit flies including Mediterranean and Mexican fruit flies. The solid matrix formulations will contain both the synthetic food three component dispenser and synthetic food two component dispenser in single hard presentations.

2.1.1 Background:

Fruit flies (Tephritidae), in particular Mediterranean (Ceratitis capitata) and Mexican fruit (Anastrepha ludens) flies, are some of the most serious exotic plant pests threatening United States (U.S.) Agriculture. The cost of infestations to the US Department of Agriculture (USDA) and the citrus industry can exceed $33 million dollars per year. If not eradicated or managed, the cost has been estimated at $821 million or more per year.

2.1.2 Objective

Synthetic food dispensers are used as synthetic food attractants and attract both male and female flies. They are used to capture certain species of exotic fruit flies of concern to the U.S. agriculture.

These three component and two component solid matrix lures are needed to equip program personnel to detect fruit fly infestations. The synthetic food three component dispensers and synthetic food two component dispensers are the primary detection tools used to delimit, and survey the extent of the fruit fly infestation and to manage introduced fruit fly populations. Without these dispensers defining the infestation might not be possible. The ultimate cost to the States and USDA and Cooperators eradication programs could exceed millions of dollars.

Besides obtaining a lure that contains the specified three components and two components, the USDA is seeking a release device that will allow for personnel cost savings through replacement efficiency.

USDA will consider products that meet the specified chemical need but cost of products will not be the only factor for consideration. The product should also allow for personnel costs savings.

2.2 CONTRACTOR DUTIES:

The delivery of synthetic food three components and synthetic food two components impregnated into a solid matrix dispenser capable of releasing the compounds to attract fruit flies particularly Mediterranean and Mexican fruit flies. The compounds should contain enough active ingredients to achieve a release rate that is capable of capturing flies in significantly greater quantities then Torula Yeast pellet baits as a control in similar environments.

The three compounds and release rates shall be:

ammonium acetate (FFA) impregnated to achieve a released rate of approximately 300 ug/h. Lure duration shall be six to eight weeks but not less than six weeks.

trimethylamine (FFT) impregnated to achieve thylamine is released at a rate of approximately 300ug/h. Lure duration should be six to eight weeks but not less than six weeks.

putrescine (FFP) impregnated to achieve a release rate of equivalent to biologically active rates. Lure duration should be six to eight weeks but not less than six weeks.

The two compounds and release rates shall be:

ammonium acetate (FFA) impregnated to achieve a released rate of approximately 300 ug/h. Lure duration shall be six to eight weeks but not less than six weeks.

putrescine (FFP) impregnated to achieve a release rate of equivalent to biologically active rates. Lure duration should be six to eight weeks but not less than six weeks.

The overall size of both types of dispensers shall not exceed 2 inches in height by 5/8 of an inch as the smallest (bottom end), and 1 inch at the widest (top end). The bottom or smallest end shall contain a plastic cup that can be used to force the entire cone up from the bottom of the bait well. These dimensions are the size of the current bait well used in PPQ operations. Additionally, the solid matrix shall not melt.

2.3 PACKAGING MARKING:

Each individual product must be identified with the following information on the individual lure packet:

Name of product

Lot number

Manufacturing date

The shipping container shall have a permanently affixed label or printing that provides the following information with a minimum text height of 3/8 of an inch:

Content: 3 Component Solid Dispensers or 2 Component Solid Dispensers

USDA APHIS PPQ

Manufacturing date ______________

Lot/Batch Number__________________

Contract number ______________

Do Not Crush ________________

Manufacture’s Name _____________

Quantity in container___________

2.4 PACKAGING:

Each individual solid matrix shall be individually packaged. The covering shall prevent the release of the three component and two component dispensers into the environment when unopened. The sealing system and packaging shall prevent odor detection by humans when stored at room temperature in unopened packaging.

The individual packages shall meet the described tear tests in the Government Testing section.

Affixed to the outside of the shipping container in water proof plastic pouch each shipment shall include the following:

Material Safety Data Sheet (MSDS)

Certificate of Analysis

Packaging slip identifying the following:

o Contract Number o Item Shipped o Quantity o Manufacture

Solid Matrix Lures shall be uniformly packaged in boxes that are easily movable by a person, not to exceed 1,000 individual units per container/package.

The container shall be packaged in suitable cartons for shipment by common carriers. The carton shall protect the individual lure packets and be of sufficient strength to allow stacking to a height of 60 inches without crushing cartons at the bottom of the stack.

All items are FOB destination to Edinburg, TX 78541 or Palmetto, FL 34221.

2.5 GOVERNMENT TESTING

After meeting the initial submission requirements outlined in Section 2.8.2 below, the Government reserves the right to request the submittal of preproduction sample of chemical analysis and approval. Should this right be exercised the supplier will send 80 individual solid matrix dispensers for testing to:

National Monitoring and Reside Analysis Laboratory 3505 25th Avenue, Building 9 Gulfport, MS 39501

2.5.1 Effectiveness of Attracting Flies

The number of flies caught at 1 day, 6 weeks and 8 weeks during the field test is crucial in determining if it meets the effectiveness test. A test that does not meet the number of flies within one (1) day would not be considered acceptable for program needs.

50 % minimum fly capture at the 1 day, 6th weeks and 8th week against a Mcphail Trap freshly baited with Torula yeast pellets ‐ Excellent

50 % minimum fly capture at the 1st day, 6th week against a Mcphail Trap freshly baited with Torula yeast pellets ‐ Satisfactory

Less then 50% capture at the 6th week – Unsatisfactory

2.5.2 Type and Versatility of Synthetic Food Three Component Lures (Dispensers) and Synthetic Food Two Component Lures (Dispensers) – Government Testing

The handling procedures are important to prevent the loss of lure and to eliminate lure contamination of the trap. The product must be opened by hand on the first attempt; the covering must not tear in strips but be removed in one piece, without causing any damage to the lure during the removal process. The product must easily be placed inside and removed from the lure basket of various “wet type” traps, such as the MultiLure or IPM. The size of the dispensers must not exceed 2 inches in height by 5/8 of an inch as the smallest (bottom end) and 1 inch at the widest (top end). The bottom or smallest end shall contain a plastic cup that can be used to force the entire dispenser out of the bait well. These dimensions are the approximate size of the USDA bait well. Additional laboratory testing may be run simultaneously with the Bioassay test or may be run independent of bioassay tests. The following matrix will be used to evaluate each dispenser when conducting laboratory testing.

EXAMPLE: Three Component Dispenser

Lot/ID Number

FFA, FFT,

FFP

Date Size (Pass/Fail)

Package Opening (Pass or Fail)

Emission Rate ug/hour

1234-01 FFA 00/00/0000 Pass Pass 1234-01 FFT 00/00/0000 Pass Pass 1234-01 FFP 00/00/0000 Pass Pass

FFA ‐ ammonium acetate FFT ‐ trimethyl amine FFP ‐ putrescine

EXAMPLE: Two Component Dispenser

Lot/ID Number

FFA, FFP Date Size (Pass/Fail)

Package Opening (Pass or Fail)

Emission Rate ug/hour

1234-01 FFA 00/00/0000 Pass Pass 1234-01 FFP 00/00/0000 Pass Pass

FFA ‐ ammonium acetate FFP ‐ putrescine

2.5.3 Durability

The dispensers are utilized in various Fruit Fly Trapping programs. Dispensers should be constructed in a fashion that it would not disintegrate, leak or become affixed (permanent or otherwise) to the traps when placed in an outside environment where the target fruit flies survive. The dispensers should not leak liquids or deteriorate in the sunlight or dissolve in wet or damp conditions. The solid matrix of the cone shall not exceed the dimensions as mentioned previously even past the 8 weeks of maximum lure life, despite the various field conditions. The lure should not disintegrate, leak, swell as not to be removed or become affixed (permanent or otherwise) to the trap’s lure basket or trap. The only tool that will be required to remove the dispenser from baskets is a pair of 2 inch forceps.

2.5.4 Emission Rate

Three Component Lure: FFA and FFT emission rate at approximately300 ug/h.

Two Component Lure: FFA emission rate at approximately 300 ug/h.

2.6 QUALITY ASSURANCE SURVEILLANCE (QASP)

It is important that USDA APHIS maintain a Quality Assurance Surveillance Program (QASP) program. USDA APHIS may conduct QASP testing of each batch of the synthetic fruit fly bait for ammonium acetate, trimethyl amine and putrescine content. For purposes of sampling, of the synthetic fruit fly bait dispensers containing ammonium acetate, trimethyl amine and putrescine from the same lot, and on the same calendar day during a single, continuous (i.e., uninterrupted) production run is defined as a batch and the coded designation of a batch as the batch number.

Dispensers shall meet the standards identified previously at any point during a two year period. These tests may be performed by the government at any point during this period as part of a QASP.

As part of the QASP a contractor shall make available upon request of the government a written copy of their procedures for the Quality Assurance (QA) program(s). The documents may be requested prior to award if it is deemed necessary.

2.7 PLACEMENT OF ORDERS

The contractor shall provide the products under this contract only as directed in the delivery orders. In accordance with FAR 16.505, each order will include:

(i) Date of order

(ii) Contract number and order number

(iii) Item number and description, quantity, and unit price

(iv) Delivery date

(v) Place of delivery or performance (including consignee)

(vi) Packaging, packing, and shipping instructions, if any

(vii) Accounting and appropriation data

(viii) Method of payment and payment office, if not specified in the contract

(ix) Any other pertinent information

2.8 MINIMUM QUALIFICATION FACTORS

2.8.1 Evaluation Factors (see 52.212‐2 Evaluation of Commercial Items)

In this acquisition, the Government will obtain best value by using the Tradeoff Process source selection approach defined at FAR 15.101‐1; i.e., an approach which permits tradeoffs among cost or price and non‐cost factors and allows the Government to accept other than the lowest priced proposal.

Submittal evaluation will occur in accordance with FAR 13.106‐2.

Offerors will be evaluated on the following criteria:

Price, Odor

Five unopened dispenser packages will be evaluated on the odor emitted from an arm’s length away. A higher rating will be given to odorless dispenser packages.

Package Opening Five dispenser packages will be opened and evaluated based on the combination of the effort needed to open the package. A higher rating will be given to packages that are easy to open.

Liquid Permeation Five dispenser packages will be evaluated on the amount of fluid being released from each package. No exact measurements will be taken. A higher rating will be given to packages with no permeation.

Lure Insertion & Removal Five separate dispensers will be evaluated based on the ease of insertion and removal from existing bait well in a multi‐lure trap. A higher rating will be given to packages with easy insertion and removal.

Past Performance Past performance is a measure of the degree to which an offeror has satisfied customers in the past, and complied with federal, state, and local laws and regulations. Offeror’s with no past performance information will be given a neutral rating.

Government Testing (Only for Contractors NOT on approved product list) Evaluation of each synthetic food 2 component solid dispensers and synthetic food 3 component solid dispensers in accordance with the criteria set forth in Section 2.5 above.

Past Performance and Dispenser Performance when combined are approximately equal to Price.

2.8.2 Items Required to be Submitted for Award

The following items are required to be submitted in order to be eligible for award:

1) Price schedule for each year as organized in Section 1.0 of the Solicitation

2) Thirty‐five (35) individual 3 component dispensers and thirty‐five (35) individual 2 component dispensers for each evaluation desired of non‐price consideration to:

USDA APHIS PPQ

ATTN: David Asher Bldg 6407, Moore Air Base, 22675 N Moorefield Rd Edinburg, TX 78541 956‐205‐7640

The dispensers and/or packaging shall be:

Packaged individually

Utilize the same manufacturing and packaging process to be used in production for the contract.

From the same lot number

Marked with manufacturer name and lot number

Marked with name of dispenser

Marked with production date

The samples will be stored at USDA facilities in Edinburg, TX and then distributed by USDA to six selected individuals at location to be determined. The remaining five (5) dispensers will be used in the event of lost packages, damage in shipping, etc. Any unused samples will be destroyed after award of the contract. It should be understood that evaluations are final and evaluators are not to be contacted.

3) Past Performance: Three (3) past performance references detailing effectiveness of lure dispensers. Include:

a. Company or agency name

b. Size/frequency of Order

c. Point of contact

i. Name

ii. Phone Number

iii. Email Address

4) Representations and Certifications (either complete clause 52.212‐3 Offeror Representations and Certifications—Commercial Items below or complete it online at https://orca.bpn.gov/. Please note section (k) Certificates regarding exemptions from the application of the Service Contract Act and check if applicable.)

**PLEASE NOTE that other than indicated above, submissions 1, 3‐4 must ONLY be submitted to the Contracting Specialist, Leah Schultz, at leah.h.schultz@aphis.usda.gov.

3.0 CONTRACT ADMINISTRATION

3.1 Delivery Orders

Delivery orders will be issued against this contract on a firm fixed price bases at the quoted price.

Orders may be placed by a warranted contracting officer via mail, orally, or through email.

3.1 Invoicing Information

Invoices may be issued upon USDA acceptance of all lures shipped. Invoices shall be sent to the address indicated on the delivery order.

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

(vii) Taxpayer Identification Number (TIN).

The Government reserves the right to reject an invoice that does not include the information above.

3.2 Points of Contact

For questions regarding general contract administration, please contact Leah Schultz, Contract Specialist, at

612‐336‐3625 or Leah.h.schultz@aphis.usda.gov. Also, please feel free to contract the Contracting Officer, Nathan Johnson at 612‐336‐3404 or Nathan.d.johnson@aphis.usda.gov

Technical Point of Contact information will be provided at the time of award.

3.3 Ordering Authority

Certain warranted personnel have Government issued credit cards. They can use their specific authority to place orders up to their warrant limit. These orders can be placed electronically, orally, mail, or via facsimile.

The credit card information must be acquired at the time the order is placed. Orders placed via Government credit card may not exceed $25,000.00.

A copy of any order placed using a Government credit card must be forwarded to:

Leah Schultz

USDA APHIS MRPBS ASD

100 North 6th Street Suite 510 – C Butler Square Minneapolis, MN 55403 Leah.h.schultz@aphis.usda.gov

4.0 CONTRACT CLAUSES

4.1 Clauses Incorporated by Reference

52.209‐4 ‐‐ First Article Approval ‐‐ Government Testing. (Sep 1989) with the following text inserted in part:

(a) The Contractor shall deliver eighty (80) 3 component and 2 component dispensers, within 10 calendar days from the date requested by the Government to National Monitoring and Reside Analysis Laboratory, 3505 25th Avenue, Building 9, Gulfport, MS 39501 for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified in Section 2.5 above.

b) Within 180 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

52.212‐4 Contract Terms and Conditions—Commercial Items (June 2010).

4.2 Clauses Incorporated by Full Text

52.212‐5 ‐‐ Contract Terms and Conditions Required to Implement Statutes or Executive Orders ‐‐ Commercial Items. (Apr 2011)

(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) 52.222‐50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(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) (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).

_X_ (4) 52.204‐10, Reporting Executive compensation and First‐Tier Subcontract Awards (Jul 2010) (Pub.

L. 109‐282) (31 U.S.C. 6101 note).

_X_ (6) 52.209‐6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off‐the‐shelf items).

_X_ (10) (i) 52.219‐6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

_X_ (12) 52.219‐8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

_X_ (14) 52.219‐14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

_X_ (20) 52.219‐28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C.

632(a)(2)).

_X_ (23) 52.222‐3, Convict Labor (June 2003) (E.O. 11755).

_X_ (24) 52.222‐19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X_ (25) 52.222‐21, Prohibition of Segregated Facilities (Feb 1999).

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

_X_ (27) 52.222‐35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

_X_ (28) 52.222‐36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (29) 52.222‐37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

_X_ (30) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) 52.223‐18, Contractor Policy to Ban Text Messaging while Driving (Sep 2010) (E.O. 13513).

_X_ (36) 52.225‐1, Buy American Act‐‐Supplies (Feb 2009) (41 U.S.C. 10a‐10d).

_X_ (39) 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).

_X_ (44) 52.232‐33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)

(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: N/A

(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) (Pub. L. 110‐252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219‐8, Utilization of Small Business Concerns (Dec 2010) (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) [Reserved]

(iv) 52.222‐26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222‐35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222‐36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 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.

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

(ix) 52.222‐50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(x) 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.)

(xi) 52.222‐53, Exemption from Application of the Service Contract Act to Contracts for Certain Services‐‐ Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222‐54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110‐247).

Flow down required in accordance with paragraph (e) of FAR clause 52.226‐6.

(xiv) 52.247‐64, Preference for Privately‐Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐ 64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.216‐2 ‐‐ Economic Price Adjustment ‐‐ Standard Supplies (Jan 1997)

(a) The Contractor warrants that the unit price stated in the Schedule for CLIN 001‐010 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 10 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 subparagraph (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 (2011) through five additional years.

(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 (i.e., email) 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, 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 in excess of $100,000; or

(2) Any order for a combination of items in excess of $100,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) Notwithstanding the order maximum of $100,000 (paragraph (b)(2) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b)(1), unless that order (or orders) is returned to the ordering office within 10 business days after issuance, with written notice stating the Contractor’s inability to perform and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from other sources.

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 5 years from the date the contract is awarded.

52.252‐2 Clauses Incorporated by Reference (Feb 1998).

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://acquisition.gov/far/index.html

452.216‐73 Minimum and Maximum Contract Amounts. (Feb 1988)

During the period specified in FAR clause 52.216‐18, ORDERING, the Government shall place orders totaling a minimum of $1,000, but not in excess of $1,000,000.

5.0 CONTRACT PROVISIONS

5.1 Provisions Incorporated by Reference

52.212‐1 ‐‐ Instructions to Offerors ‐‐ Commercial Items. (Jun 2008)

5.2 Provisions Incorporated by Full Text

52.212‐2 ‐‐ Evaluation ‐‐ Commercial Items. (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price, Odor Five unopened dispenser packages will be evaluated on the odor emitted from an arm’s length away. A higher rating will be given to odorless dispenser packages.

Package Opening Five dispenser packages will be opened and evaluated based on the combination of the effort needed to open the package. A higher rating will be given to packages that are easy to open.

Liquid Permeation Five dispenser packages will be evaluated on the amount of fluid being released from each package. No exact measurements will be taken. A higher rating will be given to packages with no permeation.

Lure Insertion & Removal Five separate dispensers will be evaluated based on the ease of insertion and removal from an existing bait well in a multi‐lure trap. A higher rating will be given to packages with easy insertion and removal.

Past Performance Past performance is a measure of the degree to which an offeror has satisfied customers in the past, and complied with federal, state, and local laws and regulations. Offeror’s with no past performance information will be given a neutral rating.

Government Testing (Only for Contractors NOT on approved product list) Evaluation of each synthetic food 2 component solid dispensers and synthetic food 3 component solid dispensers in accordance with the criteria set forth in Section 2.5 above.

Past Performance and Dispenser Evaluation when combined are approximately equal to Price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212‐3 ‐‐ Offeror Representations and Certifications ‐‐ Commercial Items. (Apr 2011)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) 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.

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 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 Federal Supply Classes (FSC) 1000‐9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil‐related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110‐174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Service‐disabled veteran‐owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service‐disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service‐disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service‐ disabled veterans or, in the case of a service‐disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service‐disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service‐ connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Veteran‐owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women‐owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women‐owned small business concern” means a small business concern ‐‐

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women‐owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” 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.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations…