AG-6395-S-13-0055_Trimed_Lure.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 ORAPHIS-MRPBS-ASD-6395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/29/2013 1500 CT

02/28/2013

612-336-3404NATHAN JOHNSON

(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-13-0055

5. SOLICITATION NUMBER

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

1 31 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

8(A)

USDA APHIS MRPBS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOSB

PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Tax ID Number: Not Available DUNS Number: Not Available

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

31 2 of

AG-6395-S-13-0055 Trimed Lure Plugs 3

1.0 Price Matrix

Item Description Quantity Unit Price Extended

Price 0001 Trimed Lure date of award -

Dec 31st, 2013 1 Case*

0002 Trimed Lure Jan 1st, 2014 - Dec 31st, 2014

1 Case*

0003 Trimed Lure Jan 1st, 2015 - Dec 31st, 2015

1 Case*

0004 Trimed Lure Jan 1st, 2016 - Dec 31st, 2016

1 Case*

0005 Trimed Lure Jan 1st, 2017 - Dec 31st, 2017

1 Case*

0006 Trimed Lure Jan 1st, 2018 - Mar 30th, 2018

1 Case*

*A case is a thousand (1,000) lures see 2.5.3

1.1 Type of Contract

Five year Indefinite Delivery Indefinite Quantity (IDIQ) contract for Trimedlure dispenser – 2 gram load rate and Plastic Lure Holder with six distinct ordering periods under the authority of FAR 13.5 Test Program for Certain Commercial Items.

1.2 Due Date and Time of Quotes

Quotes (including samples if applicable IAW 2.3.2.1) are due by 29 March 2013 at 1500 central time via email to:

Nathan.d.johnson@aphis.usda.gov.

1.2.1 Questions

All questions must be submitted via email no later than 19 March 2013. Every attempt will be made to answer questions received after this date.

1.3 Submission Requirements

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 APHIS intends to make a single award for this item.

Submittal evaluation will occur in accordance with FAR 13.106-2 (see also FAR 13.5) mailto:Nathan.d.johnson@aphis.usda.gov

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Offeror’s will be evaluated on the following criteria

Price, 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. Offerors with no past performance information will be given a neutral rating.

Delivery Lead Time A detailed explanation on delivery time frames and processes to include (at a minimum):

earliest possible shipment times and quantities (i.e., what it the normal stocked quantity), maximum delivery time frame (i.e., what is the guaranteed maximum amount of time it will take to make a delivery for a given quantity). A higher rating will be given to companies that provide better delivery times and options.

Other required items:

These items will be rated on a pass fail basis. Companies that do not have these items are not eligible for award:

Sample Submission (see section 2.3.2.1). Companies that haven’t provided trimed lure to APHIS in the past twelve months must submit samples in accordance with 2.3.2.1.

Samples must be received no later than the solicitation close date (29 March 2013)

Registration in the System for Award Management (SAM) is required in order to be eligible for an award. If a contractor is not registered in SAM at the completion of the technical evaluations they may be excluded for award (even if they are the best value) https://www.sam.gov/portal/public/SAM/

Delivery Lead Time and Past Performance, when combined, are more important than price.

1.3.1 Items Required to be Submitted for Award

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

Submit your proposals in the following format:

1) Cover page

a. Company Name

b. DUNS number

c. Point of contact

i. Name

ii. Email address

iii. Phone numbers

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2) Signed 1449

a. Signed SF30’s (amendments) if applicable

3) Price schedule

a. The contractor must Complete 1.0 Price Matrix

b. In addition the contractor is encouraged to submit alternate pricing arrangements (e.g., pricing breakdown for various quantities)

4) Delivery Lead Time

5) Sample Submission (if required)

6) Past Performance

a. Three to five past performance references detailing the supply of chemicals. Include

i. Company or agency name

ii. Size of project (in dollars or quantity)

iii. Point of contact

1. Name

2. Phone number

3. Email address

iv. Brief description of the item

7) Representations and Certifications (either complete clause 52.212-3 Offeror

Representations and Certifications—Commercial Items below or complete it online at https://www.sam.gov/portal/public/SAM

2.0 Statement of Work

2.1 Background and General Information:

Fruit flies, in particular Mediterranean (Medfly) and Mexican (Mexfly) fruit 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 to live with these pests is estimated at $821 million or more per year.

Trimedlure (TML) dispensers are used to capture certain species of exotic fruit flies of concern to U.S. agriculture. The trimedlure dispenser is a primary surveillance tool used to detect new entries of Medfly and is used to delimit any transient introduced Medfly populations. Without these trimedlure dispensers, early detection and efficient delimitation of introduced Medfly populations may not be possible prolonging the successful eradication of Medfly infestations resulting in extra costs to USDA, State cooperators and producers of host commodities.

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2.2 Chemical and Physical Specifications

Each TML solid dispenser must:

a. Consist of a solid matrix that facilitates handling and is capable of absorbing, immobilizing and sequestering trimedlure liquid concentrate, so that it will be emitted at a controlled rate of release only after volatilization. "Facilitates handling” shall mean that each dispenser, when handled individually, shall be non-sticky and non-friable (i.e., not stick to the hand or crumble) when a deliberate effort is made by hand (i.e., unaided by mechanical devices) to compress and deform it.

b. Continue to meet the test of handling after being filled with TML concentrate and be resistant to damage and moisture when handled during normal field trapping operations.

c. Be manufactured from and composed of nontoxic materials that remain nontoxic after filling with liquid trimedlure concentrate. "Nontoxic" shall mean not causing any medically definable disease and/or adverse reaction to humans after 8 hours of continuous exposure to hands protected with latex gloves or an equivalent skin protection device.

d. Sequester, and retain liquid trimedlure without leaking or weeping. This shall mean that properly stored dispenser immediately following removal from its previously sealed individual packaging, shall be free of droplets of trimedlure or any other liquid exudates on dispenser surface, when visually inspected without the aid of optical magnification equipment.

e. Be non-adhesive. This means that at ambient temperatures of 40°C or less, a dispenser shall not adhere to and remain stuck to (i.e., not removable from):

1. The hand when gripped by individual wearing latex gloves;

2. The inside of a standard Jackson trap basket in a way that significantly impedes its installation or replacement with a new dispenser.

f. Be non-friable. This means that during or following a use period of 8 weeks or less in a standard Jackson trap, the dispenser shall not crumble or otherwise decompose in a way that significantly impedes its removal and replacement with a new dispenser.

g. Have the following physical dimensions; diameter: 13.5 - 15 mm; length: 18.5 -

19.5 mm; weight: not less than 2.9 grams (g) nor more than 3.3 g after filling with liquid TML concentrate.

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h. Have the following TML content:

1. An initial TML content of at least 2.0 g and not more than 2.2 g of liquid TML.

2. A residual TML content of at least 1 g after one week and 0.4 g after six weeks. Residual testing may be performed following field aging of dispensers. Residual content testing, may be waived at the discretion of the Government.

i. Have the following emission rate of:

a. 1.3 - 1.7 mg/hour at 28°C initially, (i.e., the emission rate measurable immediately after removal from the individual package)

b. 0.7 mg/hr after one week following field aging

c. 0.4mg/hour after six weeks of field aging.

Note: Residual emission rate testing, may be waived at the discretion of the Government based on previously determined factors.

j. Exhibit satisfactory shelf life by remaining in compliance with the specifications for at least two years, when stored continuously at 15 - 25°C/65 – 77°F.

2.3 Sampling and Testing

Prior to incorporation into dispensers, APHIS may conduct a chemical analysis of each lot of liquid trimedlure concentrate. If performed, the analysis will confirm refractive index and purity and acceptability of the compound to be used in the formulation of the dispenser. Various methods to determine purity may be used. The refractive index should be not less than 1.4540 or more than 1.4570. The purity of trimed lure shall not be less than 95%.

Considering the importance of the isomeric composition of Tri Med Lure (TML), APHIS may also conduct such tests. If tested the sample must contain a minimum of 38% of trans C isomer, no more than 24% of B2 isomer and no more than 10% of cis (total of 4 isomers).

2.3.1 Certificate of Analysis

The contractor must provide a Certificate of Analysis for each unique lot or batch for any product shipped.

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2.3.2 Internal Quality Assurance

As part of the USDA APHIS Quality Assurance Surveillance Program (QASP), the government may test each batch of solid dispensers procured through this contract. For purposes of sampling, each group of dispensers filled with liquid trimed lure 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.

2.3.2.1 Quality Assurance Testing

For QA testing, the contractor may be requested to supply solid dispensers from each batch that will be provided to fulfill the contract agreement. If this testing is required the following must be sent:

25 samples must be delivered to:

USDA APHIS PPQ CPHST

Attn: Lisa Mosser 13601 Old Cutler Rd Coral Gables, FL 33158 786-573-7096

50 samples must be delivered to:

USDA APHIS PPQ CPHST

Attn: Todd Shelly 41-745 Mooiki St.

Waimanalo, Hawaii 96795 Phone: (808) 259-6601

50 Samples must be delivered to:

APHIS – CPHST - PPQ

Mr. John Hurley (Pedro Rendon) 3190 Guatemala Place Dulles, VA 20189-3190

2.4 Serviceable Product Life

The government expects the dispenser to maintaining its useful life conforming to contract specifications for 2 full years from the date of acceptance. Samples for inspection may be drawn from any portion of delivered product. Analysis may be conducted by the Government or independent laboratory at APHIS’s choosing. The Contracting Officer (CO) will provide written notification only upon disapproval of any

AG-6395-S-13-0055 Trimed Lure Plugs 9 product. The Contracting Officer (CO) will provide written notification only upon disapproval of any product.

The Contractor may be subject to the following if the product fails to meet all contract specifications for the 2-year term from the date of acceptance:

1. Re-sampling and testing of existing APHIS inventory from the same batch/lot numbers as the failed product.

2. Replacement of the product with new TML solid dispensers without additional cost to APHIS. Acceptance is subject to inspection and acceptance testing by APHIS, written approval of the CO, and 1-year product guarantee from the date of acceptance of the replacement product.

3. Equitable compensation to the Government equal to the value of the TML dispenser remaining in the APHIS inventory from the same batch/lot number delivered by the Contractor that failed the product quality tests.

CERTIFICATE OF ANALYSIS MUST BE PROVIDED BY THE CONTRACTOR

FOR THE PRODUCT.

2.5 Packaging and Marking

2.5.1 Marking Deliverables

The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.

2.5.2 Packing for Domestic Shipment

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

2.5.3 Packaging

Trimed lure dispensers shall be individually wrapped in a sealed, airtight; moisture-proof package made of a flexible material and packed 1000 per case. Case packaging (cartons) shall be of sufficient quality to protect the contents and of sufficient strength to allow stacking of cartons to a height of 60 inches without collapsing cartons at the bottom of the stack.

2.5.4 Package Marking

Each individually wrapped TML dispensers must include at a minimum the following markings:

Front of Package:

Trimedlure Net Weight: 2 Grams

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Date of Production:

Lot/Batch Number :

KEEP OUT OF REACH OF CHILDREN

There is no requirement for markings on the back of any of the packages.

Each outer carton must have the following information displayed on two outside walls:

USDA APHIS PPQ

Contract Number:

Manufacturer's Name and Logo:

Date of Production:

Lot/Batch Number:

Contents: “1OOO Trimedlure Solid Dispensers” Storage: Store in a dry place at 15° to 25°C (59° to 77°F)

2.6 Dispenser Holders

Trimed lure is placed in an existing dispenser purchased through a separate procurement (see 2.6.1 current dispenser specifications). If the offered trimed lure will not be usable in this type of dispenser the lure and dispenser must be submitted to USDA APHIS for testing. If you are offering an alternative product please contact the contracting officer for further instructions but, in general, an unknown number of samples must be provided to the Government free of charge for testing and evaluation.

New products must go through an evaluation which will focus on:

1) The TML dispenser fitting in the Jackson trap

2) The ability to be suspended from the Jackson trap hanger

3) The volume occupied inside the Jackson trap.

2.6.1 Current Dispenser Specifications (for informational purposes only)

The dispenser holder shall have a tapered cylindrical shape, an enclosable plastic hinged top, a tab with a hole in the tab for attachment to the Jackson trap hanger. The goal of this holder is to accommodate the physical dimensions of the TML dispenser as specified above. In the past APHIS has used products as follows.

1) The body has outside diameter at the top of the cylinder basket of 35 mm, and the outside diameter of the bottom of the basket will be 20 mm and the height will be 27.5 mm.

2) A tab with a hole punched in the tab for attachment to the Jackson trap hanger The punched hole slightly narrows to lock the dispenser in place on the metal hanger and was 5 mm x 13 mm.

3) A hinged top (clasp) which must close and remain closed when the dispenser is inserted.

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3.0 Contract Administration

3.1 Placement of Orders

Delivery Orders can be placed electronically, orally, mail, or via facsimile by a warranted contracting officer.

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:

Nathan Johnson

USDA APHIS MRPBS

100 North 6th Street Suite 510 – C Butler Square Minneapolis, MN 55403 Nathan.d.johnson@aphis.usda.gov

3.2 Contract Minimum and Maximum

The contract minimum (i.e., the lowest amount awarded to any contractor selected for award) is $175,000

The contract maximum (i.e., the total amount of all task orders combined awarded to any one contractor) is $2,500,000 over the life of the contract.

3.3 Invoicing and Payment Information

Copies of all invoices shall be sent to:

USDA APHIS PPQ RMS

Building 6407, Moore Air Base 22675 N Moorefield Road Edinburg, TX 78541

Additional invoicing information may be included on a specific delivery order.

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4.0 Contract Clauses

4.1 Contract Clauses Included by Reference

52.212-4 Contract Terms and Conditions—Commercial Items (Feb 2012)

4.2 Contract Clauses Included by Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Jan 2013)

(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:

[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 (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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).

X__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

X__ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

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

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

https://www.acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113344 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137622 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1141649 http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/52_207_211.html#wp1140926 https://www.acquisition.gov/far/current/html/52_207_211.html#wp1145644 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136004 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136032 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136175 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

AG-6395-S-13-0055 Trimed Lure Plugs 13

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

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).

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).

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).

X__ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

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

(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.]

No Clauses Included

(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.

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AG-6395-S-13-0055 Trimed Lure Plugs 14

(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) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(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.).

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AG-6395-S-13-0055 Trimed Lure Plugs 15

(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.

(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)

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through five years (2013 – 2018)

(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.

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 case 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 maximum total amount available under this contract is $2,500,000. The Contractor is not obligated to honor—

(1) Any order in excess of $500,000; or

(2) Any order for a combination of items in excess of $500,000

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

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AG-6395-S-13-0055 Trimed Lure Plugs 16

(c) Notwithstanding the contract maximum of $2,500,000 (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 three years from date of contract award (later of two dates in blocks 30 and 31 on the SF 1449).

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/loadmainre.html (End of clause)

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

(End of Clause)

AG-6395-S-13-0055 Trimed Lure Plugs 17

AGAR 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR

TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS (Feb 2012)

(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, APHIS may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739.

(End of Clause)

5.0 Contract Provisions

5.1 Contract Provisions Included by Reference

52.212-1 Instructions to Offerors—Commercial Items (Feb 2012)

5.2 Contract Provisions Included 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, AG-6395-S-13-0055 Trimed Lure Plugs 18

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. Offerors with no past performance information will be given a neutral rating.

Delivery Lead Time A detailed explanation on delivery time frames and processes to include (at a minimum):

earliest possible shipment times and quantities (i.e., what it the normal stocked quantity), maximum delivery time frame (i.e., what is the guaranteed maximum amount of time it will take to make a delivery for a given quantity). A higher rating will be given to companies that provide better delivery times and options.

Other required items:

These items will be rated on a pass fail basis. Companies that do not have these items are not eligible for award:

Sample Submission (see section 2.3.2.1). Companies that haven’t provided trimed lure to APHIS in the past twelve months must submit samples in accordance with 2.3.2.1.

Samples must be received no later than the solicitation close date (29 March 2013)

Registration in the System for Award Management (SAM) is required in order to be eligible for an ward. If a contractor is not registered in SAM at the completion of the technical evaluations they may be excluded for award (even if they are the best value) https://www.sam.gov/portal/public/SAM/

Delivery Lead Time and Past Performance, when combined, are more important than 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.

(End of provision)

AG-6395-S-13-0055 Trimed Lure Plugs 19

52.212-3 Offeror Representations and Certifications—Commercial Items.

(Dec 2012) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.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”, as used in this section, 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). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“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 https://www.acquisition.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/

AG-6395-S-13-0055 Trimed Lure Plugs 20 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.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“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.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“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.

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