AG-6395-S-12-0092.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

334519

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

1600 CT612-336-3208CAROL DINGESS

(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-12-0092

5. SOLICITATION NUMBER

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

1 2 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

MINNEAPOLIS MN 55403

TELEPHONE NO.

17a. CONTRACTOR/

Minneapolis MN 55403 Butlerr Sq - STE 510-C 100 N. 6TH Street Carol Dingess

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 Firm Fixed Priced Blanket Purchase Agreement to supply Penetrometers, Accessories, Repair,Calibration and Accuracy Verification Services for a period not to exceed five years.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

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.

crdingess Text Box crdingess Text Box Carol Dingess Contracting Officer USDA/APHIS/MRPBS 100 N. 6TH Street, Butler Sq. N. Suite 510-C Minneapolis, MN 55403 Fax: 612-336-3550 Carol.Dingess@aphis.usda.gov crdingess Text Box crdingess Text Box Attn: Alexia Hurdakis

USDA, AMS, FVP, FPD

Equipment & Forms Depot 100 Riverside Parkway Suite 101 Fredericksburg, VA 22406 Phone (650)-552-9073 Fax: (540)-361-1184 Email: Alexia.Hurdakis@ams.usda.gov crdingess Text Box crdingess Text Box See Schedule crdingess Text Box Company Name crdingess Text Box Tax ID# Email Address:

crdingess Text Box

DUNS#

crdingess Text Box

FAX

crdingess Text Box 10/10/2012 crdingess Text Box 10/31/2012

AG-6395-S-12-0092

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A. GENERAL INFORMATION

The United States Department of Agriculture (USDA), Agricultural Marketing Service (AMS), Fruit & Vegetable Program (FVP), Fresh Products Division (FPD), Equipment & Forms Depot in Fredericksburg, VA is in need of a Firm Fixed Priced Blanket Purchase Agreement to supply Penetrometers, Accessories, Repair, Calibration and Accuracy Verification Services for a period not to exceed five years.

The Depot provides specialized custom equipment to 33 Federal field offices and 36 states which participate in Cooperative agreements with the USDA. They also provide equipment to the Produce Industry both in the U.S as well as internationally.

SCOPE OF WORK:

There are two different models of penetrometers which are used by inspectors in the field in performing pressure testing on various fruits and vegetables in order to determine ripeness. The following specifications apply to both models of penetrometers and are the minimum requirements:

The following lists the specifications for the establishment of a Multi-Year Blanket Purchase Agreement with a fiscal year MINIMUM of ZERO and a fiscal year MAXIMUM of 100 per item number. FPD will have no obligation to purchase at either of the previous mentioned purchase levels. Quantities to be ordered on call orders are pursuant to the demand for the product at the time the call order is issued. This Statement of Work (SOW) establishes the product specifications for acquisition of two different models of penetrometers which are used by inspectors in the field in performing pressure testing on various fruits and vegetables in order to determine ripeness. The following specifications apply to both models of penetrometers and are the minimum requirements:

Graduations: Dual graduations in pounds (lbf) and grams (gf) with lbf on the outer reading line.

Accessories: Penetrometer Tip (s), Test Hook, Peeler, Splash Plate and Manual in a compact case.

Size: Overall Length: 3.5 Inches (90 mm). Warranty: One Year Limited Net Weight: 3 Ounces (90 g). Accuracy:

± 1 Graduation

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ITEM (CLNS 001, 007, 013, & 019)

FRUIT TESTER (FT SERIES)—FT 10

Capacity: 10 lbf X 2 ozf Graduation: 5 kgf X 50 gf Tips: 5/16” (8 mm) Diameter

ITEM (CINS 002, 008, 014, & 020)

FRUIT TESTER (FT SERIES)—FT 30

Capacity: 2 lbf X 1/4 ozf Graduation: 1 kgf X 10 gf

ITEM (CLINS 003, 009, 015, & 021)

TEST STAND

Compact manual test stand lever which includes mounting plate for FT 10 and FT 30.

ITEM (CLINS 004, 010, 016, & 022)

REPAIR SERVICES

Replace gage with factory rebuilt gage.

ITEM (CLINS 005, 011, 017, & 023)

CALIBRATION SERVICES

Accuracy verification—if unit is within acceptable tolerances a National Institute of Standards and Technology (NIST) Calibration Certificate will be issued.

ITEM (CLINS 006, 012, 018, & 024)

Repair and Accuracy Verification Services Accuracy verification—if unit is out of tolerance the gage will be replaced with a rebuilt gage and a National Institute of Standards and Technology (NIST) Calibration Certificate will be issued.

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• It is possible that these services will not be required in any fiscal year. The need for having these services performed will be pursuant to whether or not a penetrometer is producing erroneous readings. These services will be performed by the supplier/manufacturer at their facility.

• The Government (AMS) will ship be responsible for sending units for calibration and repair to the designated supplier/manufacturer’s facility. The contractor is responsible for returning the unit to the Government (AMS) including all transportation charges. These charges must be reflected in the firm fixed price for services. .

B. DESCRIPTION OF AGREEMENT

This will be a firm fixed priced Blanket Purchase Agreement (BPA) to provide Penetrometers, Accessories, Repair,Calibration and Accuracy Verification Services. The term of this agreement will be five years from date of award. The Contractor shall provide the supplies when requested by calls placed against this BPA by the Contracting officer or the authorized representative during this time period.

Competition is a major focus of this requirement. If the Contracting Officer discerns a trend of vendors in submission of “no bids” no further consideration for future delivery call orders under the BPA will be given unless the Contracting Officer determines extenuating circumstances exist.

When the government has a requirement for a quantity of supplies to be ordered , the Contracting Officer will notify vendors with a written Request For Quotes (RFQ) with the following information:

1. Reference of BPA number

2. Quantity needed

3. Request for price (Firm Fixed Price in accordance with BPA pricing to include quantity price breaks or any other discounts offered

4. Desired number of days for delivery

5. Due date for return of quote.

The RFQ will be in writing and may be transmitted by e-mail or facsimile

C. PERIOD OF PERFORMANCE

This BPA is effective from date of issuance for the next five years. Per FAR 13-303-6. The Contracting Officer and individuals and/or organization component authorized to place BPA calls will ensure the BPA is reviewed at least annually and updated at that time to make new arrangements or modify existing arrangements, and to validate the need for this BPA. There is an allowance for economic price adjustments In accordance with FAR 52.216-5 applicable to periods 2 thru 4. Any price increases shall be subject to approval by APHIS. Unilateral termination of this BPA may occur at any time by either party with 30 days written (including email) notice.

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D. EXTENT OF OBLIGATION

The Government is obligated only to the extent of authorized calls actually placed against this BPA.

E. PRICING

ITEM - FRUIT TESTER (FT SERIES)—FT 10

Capacity: 10 lbf X 2 ozf

Brand Name offered - _________________________________________

PartNo./Model No. - ___________________________________________

ITEM - FRUIT TESTER (FT SERIES)—FT 30

Capacity: 2 lbf X 1/4 ozf Graduation: 1 kgf X 10 gf

ITEM - TEST STAND

Compact manual test stand lever which includes mounting plate for FT 10 and FT 30.

Number of Days for Delivery after receipt of order _________________

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PLEASE COMPLETE PRICE SCHEDULE

** All cost to include but not limit to: overhead, general and administrative, profit, and transportation

Item No. Schedule

CLIN BASE PERIOD

Estimated Quantity

Max

UNIT

PRICE/ea

MAXIMUM QTY

TOTALPRICE

FRUIT TESTER (FT SERIES)—FT 10

Capacity: 10 lbf X 2 ozf

Tips: 5/16” (8 mm) Diameter 100

Graduation: 1 kgf X 10 gf

Compact manual test stand lever which includes mounting plate for FT 10 and FT 30.

TOTAL BASE PERIOD BASED ON MAX QTY

Base Period Estimate of REPAIR SERVICES

Base Period Estimate CALIBRATION SERVICES Accuracy verification—if unit is within acceptable tolerances a National Institute of Standards and Technology (NIST) Calibration Certificate will be issued.

Base Period Estimate of Repair and Accuracy Verification Services Accuracy verification—if unit is out of tolerance the gage will be replaced with a rebuilt gage and a National Institute of Standards and Technology (NIST) Calibration Certificate will be issued.

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CLIN PERIOD 1

Estimated Quantity

Max

UNIT

PRICE/ea

MAXIMUM QTY

TOTALPRICE

FRUIT TESTER (FT SERIES)—FT 10

Capacity: 10 lbf X 2 ozf

Graduation: 1 kgf X 10 gf

TOTA PERIOD 1 BASED ON MAX QTY

Period 1 Estimate of REPAIR SERVICES

Period 1 Estimate CALIBRATION SERVICESAccuracy verification—if unit is within acceptable tolerances a National Institute of Standards and Technology (NIST) Calibration Certificate will be issued. 1

Period 1 Estimate of Repair and Accuracy Verification Services replaced with a rebuilt gage and a National Institute of Standards

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*52.216-5 Price Redetermination—Prospective Applies

CLIN PERIOD 2

Estimated Quantity

Max

UNIT

PRICE/ea

MAXIMUM QTY

TOTALPRICE

FRUIT TESTER (FT SERIES)—FT 10

Capacity: 10 lbf X 2 ozf

Graduation: 1 kgf X 10 gf

TOTA PERIOD 2 BASED ON MAX QTY

Period 2 Estimate of REPAIR SERVICES

Period 2 Estimate CALIBRATION SERVICES

National Institute of Standards and Technology (NIST) Calibration Certificate will be issued.

Period 2 Estimate of Repair and Accuracy Verification Services replaced with a rebuilt gage and a National Institute of Standards

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CLIN PERIOD 3

Estimated Quantity

Max

UNIT

PRICE/ea

MAXIMUM QTY

TOTALPRICE

FRUIT TESTER (FT SERIES)—FT 10

Capacity: 10 lbf X 2 ozf

Graduation: 1 kgf X 10 gf

TOTA PERIOD 3 BASED ON MAX QTY

Period 3 Estimate of REPAIR SERVICES

Period 3 Estimate CALIBRATION SERVICES

National Institute of Standards and Technology (NIST) Calibration Certificate will be issued.

Period 3 Estimate of Repair and Accuracy Verification Services replaced with a rebuilt gage and a National Institute of Standards

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CLIN PERIOD 4

Estimated Quantity

Max

UNIT

PRICE/ea

MAXIMUM QTY

TOTALPRICE

FRUIT TESTER (FT SERIES)—FT 10

Capacity: 10 lbf X 2 ozf

Graduation: 1 kgf X 10 gf

TOTA PERIOD 4 BASED ON MAX QTY

Period 4 Estimate of REPAIR SERVICES

Period 3 Estimate CALIBRATION SERVICES

National Institute of Standards and Technology (NIST) Calibration Certificate will be issued.

Period 4 Estimate of Repair and Accuracy Verification Services replaced with a rebuilt gage and a National Institute of Standards

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• It is possible that these services will not be required in any fiscal year. The need for having these services performed will be pursuant to whether or not a penetrometer is producing erroneous readings. These services will be performed by the supplier/manufacturer at their facility or other contractor designated location.

• The Government (AMS) will ship be responsible for sending units for calibration and repair to the designated supplier/manufacturer’s facility. The contractor is responsible for returning the unit to the Government (AMS) including all transportation charges. These charges must be reflected in the firm fixed price for services.

• WARRANTIES:

Implied Warranty: The Government’s post award rights contained in 52.212-4 are the implied warranty of merchantability, the implied warranty of fitness for particular purpose and the remedies contained in the acceptance paragraph.

Additional Warranty: Explain all details of the warranty. If an extended warranty is available explain details of extended warranty including price and availability after initial warranty expires. The Offeror shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale, provided such warranty is available at no additional cost to the Government. Acceptance of the standard commercial warranty does not waive the Government's rights under the Inspection clause nor does it limit the Government's right with regard to the other terms and conditions of this contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty. The contractor shall provide a copy of its standard commercial warranty (if applicable) with this response.

F. CALL LIMITATION

Calls placed by individuals authorized under this BPA shall not exceed the dollar limitation listed on the Individuals Authorized to Place Call Orders:

BPA Maximum Dollar Limit: $250,000.00 BPA Call Limit: $5,000.00

Orders placed via Government purchase card may not exceed warrant limit or $5,000.00, whichever is greater

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G. INDIVIDUALS AUTHORIZED TO PLACE BPA CALLS

USDA-APHIS/AMS will begin issuing BPA Calls (delivery orders) shortly after award of the basic BPA contract. They will be numbered with an AG-6395-K_______. Upon delivery and acceptance of the products for any BPA Call (orders), the APHIS/AMS will submit the invoice for payment against the BPA Contract number, referencing the individual call number.

Procedure for issuing BPA Calls is included in this agreement. The following individuals and/or organizational component are authorized to place BPA calls:

1. Contract Specialists and Purchasing Agents, APHIS/MRPBS/ASD/ Minneapolis, MN with warrant authority

2. Alexia Hurdakis - Warranted Purchase Card Personnel for APHIS/AMS/Frederick, MD

3. PURCHASE CARD AUTHORITY

The warranted personnel at APHIS/AMS Facility in Frecerick, MD with Government issued credit cards may also use their specific authority to place orders up to their warrant limit. These orders can be placed electronically, orally, mail, or via facsimile. The purchase card information must be acquired at the time the order is placed.

A copy of any order placed using a government purchase card must be forwarded to:

Carol Dingess

Contracting Officer

USDA/APHIS

ph:612-336-3208 Fax: 612-336-3550 Carol.Dingess@aphis.usda.gov mailto:Carol.Dingess@aphis.usda.gov

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H. INVOICES

The Contractor shall submit an original invoice (or electronic invoice, if authorized,) to the address designated in the contract to receive invoices. An invoice shall include the following:

(I) Name and address of the Contractor

(2) Invoice date; Invoice number;

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

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

(5) Terms of any prompt payment discount offered;

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

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

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

I. RECEIPT AND ACCEPTANCE OF SERVICES

Receipt of services shall be indicated by signature and date on the appropriate form by the authorized Government representative, orally, mail, or via facsimile.

J. BILLING ADDRESS

Alexia Hurdakis

USDA, AMS, FVP, FPD

Equipment & Forms Depot Phone: (650)-552-9073 Email: Alexia.Hurdakis@ams.usda.gov

K. SHIPPING ADDRESS (FOB Destination)

Alexia Hurdakis

USDA, AMS, FVP, FPD

Equipment & Forms Depot Phone: (650)-552-9073 Email: Alexia.Hurdakis@ams.usda.gov

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The government will accept the supplies which conform in all respects with standard commercial requirements, including specifications, drawings, preservation, packaging, marking requirements, and physical item identification (part number), and are in the quantity shown on delivery order.

Inspection and acceptance is in accordance with FAR 52.212-4 (a) (1) & (2) Contract Terms and Conditions—Commercial Items.

L. GOVERNMENT TECHNICAL POINTS OF CONTACT

CONTRACT ADMINISTRATION

For questions regarding general contract administration, please contact Carol Dingess, Carol Dingess Contracting Officer USDA/APHIS/MRPBS 100 N. 6TH Street, Butler Sq. N. Suite 510-C Minneapolis, MN 55403 ph:612-336-3208 Fax: 612-336-3550 Carol.Dingess@aphis.usda.gov

M. MODIFICATION OF THIS BPA

At any time the Contracting Officer may modify this BPA to change, add, or delete some of the terms or conditions in accordance with FAR 43.103 (b). Whenever you receive a modification, always read it in its entirety and comply with it. Ensure the modification is placed in the BPA file.

N. MAINTAINING CALL REGISTERS

A call resister will be maintained by the Using Activity. The register may contain at least the following information:

1. BPA Number

2. Name of the Contractor

3. Call umber

4. Description of supplies being ordered on the call

5. Date call was placed

6. Individual who placed the call

7. Delivery Date

8. Dollar amount of the call (remember to not exceed the approved dollar limitations)

9. Accounting Classification All calls placed against this BPA must be recorded on the call register. The BPA call number should begin with 0001 and remain consecutive for the life of the BPA. Calls can be "voided";

however the file must be documented to explain circumstances.

mailto:Carol.Dingess@aphis.usda.gov

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O. BPA CLOSE-OUT

The Program Contract Administrator should coordinate with the Contractor and Financial Management to make sure all payments are made before the close-out.

ADDENDUM I

CONTRACT CLAUSES

The selected Offeror must comply with the following commercial item terms and conditions

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

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

https://www.acquisition.gov/far/index.html http://www.dm.usda.gov/procurement/policy/agar_x/agarbase/index.html

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (FEB 2012)

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

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEMS (AUG 2012)

(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)).

___Alternate I (Aug 2007) of 52.222-50 (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:

http://www.dm.usda.gov/procurement/policy/agar_x/agarbase/index.html

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[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) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

X (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C.

2313).

X (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved] X (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(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 (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

X (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (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.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

X (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

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X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

X (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

X (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (37)(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 (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

X (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (May 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Mar 2012) of 52.225-3.

X _ (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (42) 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).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

X (45) 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)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C.

3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

X (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(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) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

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__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (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) (41 351, et seq.).

__ (6) 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.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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)).

___Alternate I (Aug 2007) of 52.222-50 (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 (JUL 2012).

(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.

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

(End of clause)

Clauses In Full Text

452.211-74 Period of Performance.

PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from Date of Award through 09/30/2017

Base Period Date of Award – 09/30/2013 Period 1 10/01/2013 – 09/30/2014 Period 2 10/01/2014 - 09/30/2015 Period 3 10/01/2015– 09/30/2016 Period 4 10/01/2016 – 09/30/2017

*52.216-5 Price Redetermination—Prospective Applies for periods 2-4

452.216-74 Ceiling Price.

CEILING PRICE (FEB 1988)

The ceiling price of this contract is $ 250,000.00 The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

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

52.216-5 Price Redetermination—Prospective.

PRICE REDETERMINATION—PROSPECTIVE (OCT 1997)

(a) General. The unit prices and the total price stated in this contract shall be periodically redetermined in accordance with this clause, except that—

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(1) The prices for supplies delivered and services performed before the first effective date of price redetermination (see paragraph (c) of this clause) shall remain fixed; and

(2) In no event shall the total amount paid under this contract exceed any ceiling price included in the contract.

(b) Definition. “Costs,” as used in this clause, means allowable costs in accordance with Part 31 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract.

(c) Price redetermination periods. For the purpose of price redetermination, performance of this contract is divided into successive periods. The first period shall extend from the date of the contract to September 30, 2014 and the second and each succeeding period shall extend for 12 Months to the end of the last preceding period, except that the parties may agree to vary the length of the final period.

The first day of the second and each succeeding period shall be the effective date of price redetermination for that period.

(d) Data submission.

(1) Not more than 60 nor less than 30 days before the end of each redetermination period, except the last, the Contractor shall submit—

(i) Proposed prices for supplies that may be delivered or services that may be performed in the next succeeding period, and—

(A) An estimate and breakdown of the costs of these supplies or services in the format of Original Price Schedule , or in any other form on which the parties may agree;

(B) Sufficient data to support the accuracy and reliability of this estimate; and

(C) An explanation of the differences between this estimate and the original (or last preceding) estimate for the same supplies or services; and

(ii) A statement of all costs incurred in performing this contract through the end of the Last month before the submission of proposed prices in the format of Original Price Schedule with sufficient supporting data to disclose unit costs and cost trends for—

(A) Supplies delivered and services performed; and

(B) Inventories of work in process and undelivered contract supplies on hand (estimated to the extent necessary).

(2) The Contractor shall also submit, to the extent that it becomes available before negotiations on redetermined prices are concluded—

(i) Supplemental statements of costs incurred after the date stated in subdivision (d)(1)(ii) of this section for—

(A) Supplies delivered and services performed; and

(B) Inventories of work in process and undelivered contract supplies on hand (estimated to the extent necessary); and

(ii) Any other relevant data that the Contracting Officer may reasonably require.

(3) If the Contractor fails to submit the data required by paragraphs (d)(1) and (2) of this section, within the time specified, the Contracting Officer may suspend payments under this contract until the data are furnished. If it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after https://www.acquisition.gov/far/current/html/FARTOCP31.html#wp253693

21 | P a g e the end of the data submittal period, the amount of the excess shall bear interest, computed from the date the data were due to the date of repayment, at the rate established in accordance with the Interest clause.

(e) Price redetermination. Upon the Contracting Officer’s receipt of the data required by paragraph (d) of this section, the Contracting Officer and the Contractor shall promptly negotiate to redetermine fair and reasonable prices for supplies that may be delivered or services that may be performed in the period following the effective date of price redetermination.

(f) Contract modifications. Each negotiated redetermination of prices shall be evidenced by a modification to this contract, signed by the Contractor and the Contracting Officer, stating the redetermined prices that apply during the redetermination period.

(g) Adjusting billing prices. Pending execution of the contract modification (see paragraph (f) of this section), the Contractor shall submit invoices or vouchers in accordance with the billing prices stated in this contract. If at any time it appears that the then-current billing prices will be substantially greater than the estimated final prices, or if the Contractor submits data showing that the redetermined price will be substantially greater than the current billing prices, the parties shall negotiate an appropriate decrease or increase in billing prices. Any billing price adjustment shall be reflected in a contract modification and shall not affect the redetermination of prices under this clause. After the contract modification for price redetermination is executed, the total amount paid or to be paid on all invoices or vouchers shall be adjusted to reflect the agreed-upon prices, and any requested additional payments, refunds, or credits shall be made promptly.

(h) Quarterly limitation on payments statement. This paragraph (h) applies only during periods for which firm prices have not been established.

(1) Within 45 days after the end of the quarter of the Contractor’s fiscal year in which a delivery is first made (or services are first performed) and accepted by the Government under this contract, and for each quarter thereafter, the Contractor shall submit to the contract administration office (with a copy to the contracting office and the cognizant contract auditor) a statement, cumulative from the beginning of the contract, showing—

(i) The total contract price of all supplies delivered (or services performed) and accepted by the Government and for which final prices have been established;

(ii) The total costs (estimated to the extent necessary) reasonably incurred for, and properly allocable solely to, the supplies delivered (or services performed) and accepted by the Government and for which final prices have not been established;

(iii) The portion of the total interim profit (used in establishing the initial contract price or agreed to for the purpose of this paragraph (h)) that is in direct proportion to the supplies delivered (or services performed) and accepted by the Government and for which final prices have not been established; and

(iv) The total amount of all invoices or vouchers for supplies delivered (or services performed) and accepted by the Government (including amounts applied or to be applied to liquidate progress payments).

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(2) The statement required by paragraph (h)(1) of this section need not be submitted for any quarter for which either no costs are to be reported under subdivision (h)(1)(ii) of this section, or revised billing prices have been established in accordance with paragraph (g) of this section, and do not exceed the existing contract price, the Contractor’s price-redetermination proposal, or a price based on the most recent quarterly statement, whichever is least.

(3) Notwithstanding any provision of this contract authorizing greater payments, if on any quarterly statement the amount under subdivision (h)(1)(iv) of this section exceeds the sum due the Contractor, as computed in accordance with subdivisions (h)(1)(i), (ii), and (iii) of this section, the Contractor shall immediately refund or credit to the Government the amount of this excess. The Contractor may, when appropriate, reduce this refund or credit by the amount of any applicable tax credits due the Contractor under 26 U.S.C. 1481 and by the amount of previous refunds or credits affected under this clause. If any portion of the excess has been applied to the liquidation of progress payments, then that portion may, instead of being refunded, be added to the unliquidated progress payment account, consistent with the Progress Payments clause. The Contractor shall provide complete details to support any claimed reductions in refunds.

(4) If the Contractor fails to submit the quarterly statement within 45 days after the end of each quarter and it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the statement submittal period, the amount of the excess shall bear interest, computed from the date the quarterly statement was due to the date of repayment, at the rate established in accordance with the Interest clause.

(i) Subcontracts. No subcontract placed under this contract may provide for payment on a cost-plus-a-percentage-of-cost basis.

(j) Disagreements. If the Contractor and the Contracting Officer fail to agree upon redetermined prices for any price redetermination period within 60 days (or within such other period as the parties agree) after the date on which the data required by paragraph (d) of this section are to be submitted, the Contracting Officer shall promptly issue a decision in accordance with the Disputes clause. For the purpose of paragraphs (f), (g), and (h) of this section, and pending final settlement of the disagreement on appeal, by failure to appeal, or by agreement, this decision shall be treated as an executed contract modification. Pending final settlement, price redetermination for subsequent periods, if any, shall continue to be negotiated as provided in this clause.

(k) Termination. If this contract is terminated, prices shall continue to be established in accordance with this clause for (1) completed supplies and services accepted by the Government and (2) those supplies and services not terminated under a partial termination. All other elements of the termination shall be resolved in accordance with other applicable clauses of this contract.

(End of clause) http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t26t28+2+244++%2826%29%20%20AND%20%28%2826%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

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AGAR 452.209 – 71

ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE

APPLICANTS

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

Accordingly, by accepting this award the contractor acknowledges that it –

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

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

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

The U.S. Department of Agriculture is a Tax Exempt Agency; exempt from state and federal tax.

TAX ID NUMBER: 41-0696271. TAX EXEMPT# 4700

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ADDENDUM II

SOLICITATION PROVISIONS

The selected Offeror must comply with the following commercial item Provisions

52.212-1 Instructions to Offerors—Commercial Items.

INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (FEB 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-

3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to https://www.acquisition.gov/far/current/html/FormsStandard68.html#wp1189284 https://www.acquisition.gov/far/current/html/FormsStandard68.html#wp1189284 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179194 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179194 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179194 https://www.acquisition.gov/far/current/html/FormsStandard68.html#wp1189284

25 | P a g e furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers.