AG-6395-S-14-0069_Sound_and_Sensible_Certification.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

541611

SIZE STANDARD:

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

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/26/2014 1500 CT

05/22/2014

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-14-0069

5. SOLICITATION NUMBER

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

1 26 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

$14.0

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS MRPBS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Tax ID Number: Not Available DUNS Number: Not Available National Organic Program Sound and Sensible Certification

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

NATHAN D. JOHNSON

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26 2 of

United States Department of Agriculture Agricultural Marketing Service - National Organic Program AG-6395-S-14-0069 Sound and Sensible Organic Certification Models and Outreach

1.0 Price Schedule

The price section of the proposal shall consist of eight items (see 2.3)

The contractor shall furnish all labor, supplies, materials, equipment, and supervision to perform the services stated herein and within the specified timeframes (no greater than one year from contract award). Please provide a price breakdown stating labor hourly rates, and labor categories, number of hours (this information must be contained in the proposal); and the offeror shall provide a fixed price quote in response to this request.

1.1 Contract Type and Budget

The NOP anticipates awarding multiple firm fixed price awards for this project. We encourage organizations with complementary capabilities to partner to achieve project goals. One organization must be identified as the prime contractor; other collaborating/partnering organizations are to be identified as subcontractors. We estimate 10-15 total awards will be made at a value of approximately between $20,000 and $200,000 each.

The contractor’s proposal is to include a proposed billing schedule that lists the deliverables proposed for this contract, and the associated cost and anticipated delivery date. Travel expenses are to be incorporated into the deliverable pricing.

1.2 Period of Performance

One year from contract award

1.3 Criteria for Selection and Method of Award

Proposals will be evaluated according to the following criteria:

Criteria 1: Price Criteria 2: Project approach and Viability Criteria 3: Originality, Innovation, and Creativity Criteria 4: Project Team (partners and key personnel) Criteria 5: Past performance

Please note that the technical criteria and past performance, when combined, are more important than price.

Provide an offer describing the recommended technical approach to accomplish the goals identified in this statement of work. Offer should emphasize how the proposed approach would yield the required impact while providing the maximum return on investment.

Evaluation Criteria and Other Requirements

Evaluation Criteria: This is a best value multiple award contract. The contractor’s proposal must address and will be evaluated based on the following factors:

Criteria 1: Price

Contractor’s proposed pricing, including how it allocates labor hours and materials to conduct the project, how pricing is allocated to each task, and an overall analysis of price reasonableness will occur for the deliverables proposed (labor categories, rates, number of hours, etc).

Criteria 2: Project Approach and Viability

Contractor’s description of its proposed project. Shall include target audiences, approach to designing and implementing the project, proposed approach to the tasks, deliverables, and schedule. Shall also address the extent to which project is likely to lead to increased certification success and compliance for the target audience(s) identified and the projected viability of the project in terms of potential for sustained long-term use and applicability after the contract period is over. Must include, at a minimum, a draft copy of task 1 (section 2.3).

Criteria 3: Originality, Innovation, and Creativity

Contractor’s proposal will be evaluated for its originality in identifying and addressing a need or problem that has not been previously addressed, and/or developing innovative or creative approaches for known needs or problems.

Criteria 4: Project Team – Partners and Key Staff

Contractors are encouraged to identify and partner with subcontractors that can help further identified project and goals. Proposals are to include resumes of key staff proposed for the project. Resumes must identify educational and technical qualifications and past experience of personnel assigned to the project.

Criteria 5: Past Performance

Past performance is not a measure of technical capability but rather a measure to the degree to which an offeror has satisfied customers in the past, and complied with federal, state, and local laws and regulations. All things being equal contractors with more relevant past performance will be rated higher. Contractors with no past performance information will be given a neutral rating.

Award will made using the “best value – trade-off” process. The award resulting from this solicitation will be awarded to the responsible offeror whose offer conforms to the performance work statement and is determined most advantageous to the Government, cost and other factors considered.

Note: This is a best value trade-off procurement not lowest price. The Government reserves the right to award to other than the lowest offeror. However, the Government will not make an award at a significantly higher overall cost to achieve slightly superior technical expertise.

1.3.1 Submission Requirements

Offers for this solicitation are not to exceed 30 pages in length, including the cover page. The page limit includes information on partners but does not include personnel resumes (Criteria 4). Margins should be set at a minimum of 1-inch all sides, and text font should be 11-point or more for readability. We reserve the right to consider proposals that exceed the maximum page length, but are not required to evaluate items that exceed page limitations.

The following items are required to be submitted in the below order. Please note that emailed files shall be titled “[insert contractor name] NOP Sound and Sensible Certification Quote”

1) Cover page with company name, DUNS number, and technical point of contact (email address and phone number)

2) Price Schedule (see 1.0 above)

3) Project Approach

a. This shall include, at a minimum, a draft copy of task 1 (section 2.3) and cover the items listed in Criteria 2 above

4) Project Team

a. Specific Partner Information (if applicable or not otherwise covered in project approach)

b. Key Personnel Resumes

5) Past performance references

a. Three (3) to five (5) past performance references which shall include:

i. Project title or name

ii. Total dollar value

iii. Date(s) of performance

iv. Point of contact

v. Name

vi. Title

vii. Phone Number

viii. Email address (if available)

1.3.2 Due Date, Time and Locations

All questions should be referred to Nathan Johnson via email no later than June 13th 2014. Every attempt will be made to answer questions after this date.

Proposals are due by Thursday June 26th 2014 at 3:00 PM Central Time to the following location via mail or email (email preferred).

It is the contractor’s responsibility to ensure proposals are received on time. Email submittals with the proposal as a single complete PDF attachment are preferred. If submitting via email, please note that file size limitations, formatting, or other problems may hamper receipt, so please verify that the contracting officer has received your proposal. Please note that the first address listed below (USDA APHIS MRPBS) is the official location for receipt of proposals.

Files emailed shall be titled “[insert contractor name] NOP Sound and Sensible Certification Quote”

If sent by mail, please send one (1) copy of your proposal to each of the following addresses.

USDA APHIS MRPBS

Nathan Johnson – Procurement 100 North 6th Street Suite 510C – Butler Square Mail Stop 5W47 Minneapolis, MN 55403 Email: Nathan.d.johnson@aphis.usda.gov Phone: (612) 336-3404

AND

National Organic Program Attn: Jennifer Tucker 1400 Independence Ave SW – Room 2648S; Stop 0268 Washington D.C. 20250 Jennifer.Tucker@ams.usda.gov

1.3.3 Evaluation

This is a best value acquisition with technical approach and price which will be done using FAR 13.106- 2 Evaluation of quotations or offers and use FAR 12, 13.5, and 15 as applicable. The pricing will be evaluated by comparison to Government estimates and other quotes and through the use of other analysis techniques (e.g., realism and balanced pricing) (see 52.212-2 Evaluation—Commercial Items (Jan 1999)).

2.0 Performance Work Statement

2.1 Background

The Organic Foods Production Act established the National Organic Program (NOP) and the USDA organic regulations, which are published at 7 CFR Part 205. Central to the organic regulations is organic certification. The NOP accredits certifying agents to review, inspect, and certify the practices of organic farms and processing facilities. Organic farms and processing facilities that meet the USDA organic regulations are certified organic operations, and include crop, livestock, and wild crop producers and handlers/processors. Organic production occurs on both a small and large scale, domestically and internationally. There are certified organic operations in all 50 states, as well as many foreign countries.

As of the beginning of 2014, there were more than 18,000 certified operations in the U.S.

Some candidate farmers and businesses have not taken advantage of organic market opportunities because organic certification is perceived as too burdensome. Given these concerns, the NOP initiated a “Sound and Sensible Certification” initiative. The goal of Sound and Sensible Certification is to build consumer confidence that organic products meet defined standards from farm to market, while also making sure that certification is more accessible, attainable, and affordable, particularly for small and beginning farmers. The initiative involves identifying and removing barriers to certification, streamlining mailto:Nathan.d.johnson@aphis.usda.gov mailto:Jennifer.Tucker@ams.usda.gov the certification process, focusing enforcement, and working with farmers and processors to correct small issues before they become larger ones.

There are five guiding principles to Sound and Sensible Certification. First, NOP encourages efficient processes, eliminating bureaucratic processes that don’t contribute to organic integrity. Second, we are working to streamline recordkeeping, so that records support organic integrity and are not a barrier for farms and businesses. Third, we are encouraging certifiers to focus on straightforward Organic System Plans that clearly capture organic practices. Fourth, we want to focus on fair enforcement, to protect farmers and businesses that are working hard to follow the rules. Finally, as always, we put integrity first by focusing on factors that impact organic integrity the most.

In addition to identifying Sound and Sensible approaches and tools to encourage organic certification, USDA is also interested in other projects that result in training modules, technical assistance programs, and/or outreach activities related to organic agriculture and certification. This could include training, outreach, or technical assistance tools and resources in geographic areas or for audiences that have been traditionally underserved or underrepresented in organic agriculture, or to farms and businesses that provide services that are underrepresented in organic agriculture. For example, States in the southeast consistently report a low number of certified organic operations, and there is a reported shortage of certified organic slaughterhouses to meet the needs of the organic livestock industry.

2.2 Performance Work Statement

This is an invitation to propose projects targeted at implementing sound and sensible certification resources or tools, and/or designing training modules, technical assistance, or outreach programs concerning different aspects of organic agriculture or organic certification. The ultimate objective of the contract is to encourage the initiation and roll-out of new organic certification approaches, training, technical assistance, and outreach programs and materials that will last beyond the life of the contract itself.

All programs, tools, resources, and/or training developed for this project must meet the certification and compliance requirements of the Organic Foods Production Act and USDA organic regulations, while also reflecting incorporating sound and sensible concepts and approaches. For a description of Sound and Sensible, see: http://blogs.usda.gov/2013/04/19/organic-101-sound-and-sensible-approach-to-organic-certification/.

The general target audience for the project being proposed must be described in the respondent’s proposal. USDA is particularly interested in organic certification approaches or tools, outreach programs, training programs, and/or technical assistance programs targeting groups of businesses and/or classes of operations that are traditionally underserved or underrepresented and/or are managing their businesses organically but have dropped out of the USDA organic certification or have not seen the benefit in becoming certified.

Examples of target audiences could include: community supported agriculture organizations (CSA’s), small organic businesses that do direct marketing, operations in Historically Underutilized Business (HUB) Zones, Veteran’s agriculture groups, Beginning Farmers and Ranchers, farms and businesses in geographic areas that have had traditionally low numbers of certified organic operations, and/or small http://blogs.usda.gov/2013/04/19/organic-101-sound-and-sensible-approach-to-organic-certification/ http://blogs.usda.gov/2013/04/19/organic-101-sound-and-sensible-approach-to-organic-certification/ slaughterhouse operations. This is not an exhaustive list, but rather examples of groups that USDA is particularly interested in reaching out to through this project.

2.2 Sample Project List

A list of sample projects is included in the bullets below. This list is not designed to be limiting or exhaustive, but rather, to give examples of projects to assist in project scoping:

• Designing sustainable organic certification model(s) for underserved operations (such as urban direct marketers, diversified small farms, community support agriculture organizations) that streamline certification and recordkeeping under sound and sensible principles, while also maintaining organic integrity.

• Developing a model Organic System Plan specifically for direct marketing organizations, or other form of underserved operations

• Developing streamlined organic certification tools or model documents for targeted business types, such as CSAs/direct marketing farms (e.g., sample documents, resource toolkits).

• Establishing a technical assistance mechanism or set of targeted resources for a region of the country that has experienced challenges with organic agriculture given region-specific technical barriers.

• Developing self-guided training programs, handbooks, and/or guides that help organic farmers and businesses achieve compliance in specific areas (e.g., effective ways to avoid GMO contamination, methods of calculating buffer zones under different conditions, livestock treatment strategies, others).

• Developing train-the-trainer materials to support certifiers and inspectors in conducting sound and sensible certification approaches.

• Developing training, resources, or tools that help farmers and businesses use technology to streamline organic certification recordkeeping.

• Educational outreach tools and/or “how to” aids to help describe “on ramps” to organic certification for currently uncertified operations interested in considering the organic option (e.g., a “start-up guide” for slaughterhouses or other facilities that wish to provide services to the organic market and must become certified to do so)

• Establishing job training programs that would help Veterans, beginning farmers and ranchers, and/or other groups learn the core principles of organic agriculture as part of a job or career training programs.

2.3 Deliverables

The following table lists the general core tasks and deliverables anticipated to complete the scope above. The contractor should propose additional or alternative tasks and/or deliverables in its proposal if it believes that a different approach is more appropriate or effective to meet the objective and desired scope above.

Phase Possible Deliverables

Task 1 - Project Plan

Draft (submitted with initial quote) and Final Project Plans – This deliverable will expand upon the contractor’s project proposal to further describe its project scope, approach/activities, projected outcomes and deliverables, and project timeline. Contractor will deliver initial draft to NOP as part of the submission package; NOP will review and provide comments and feedback; contractor will subsequently provide a final project plan to guide the rest of the project.

Task 2 – Deliverable Concept Paper, Outline, and/or Presentation

Draft and Final Concept Deliverable – This deliverable will provide a high level description of the final deliverables proposed for the project, to test the concept and get feedback from the NOP. Examples could include an annotated outline for job aid(s) or resource guide(s); a design plan and module descriptions for a training program; high-level requirements document for a technology solution; or concept paper describing a proposed set of final deliverables. Note: Deliverables described in this concept phase may include event-based deliverables (e.g., delivery of a pilot or final training program) and/or paper-based or technology-based solutions.

Task 3 – Draft Deliverables – Draft 1

This task includes a draft of the deliverables agreed upon as a result of Task 1 and 2 above. Contractor is to propose what these deliverables are initially anticipated to be on its proposal. NOP will provide feedback to the contractor’s Task 3 deliverables to inform further work.

Task 4 – Draft Deliverables – Draft 2

This task includes a revision of the deliverables based upon the NOP’s feedback to Draft 1 (Task 3). NOP will provide feedback to the contractor’s deliverables to inform the final draft.

Task 5 – Final Deliverables This task includes delivery of the final deliverables based upon the work and feedback to date.

Task 6 – Project Summary and Close-Out

NOP will provide a template for a 3-5 page project summary and close-out report, in which the contractor will summarize the work completed, its outcomes and projected impacts, and any additional information that would support the NOP in its posting or use of the deliverables provided.

Phase Possible Deliverables

Task 7 - Monthly Reports Monthly Report (template for 2-page report will be provided) outlining activities completed for the previous month and plans for the next.

Monthly Reports are due by the 7th of each month.

Monthly progress conference calls will be held throughout the project to set and clarify project goals and policies, project constraints, submission schedule, and other relevant project information. More frequent calls during specific phases of the project may be mutually agreed upon by NOP and contractor to support project development. The contractor’s pricing is to build this time into the pricing for the deliverables above. Deliverables shall be delivered in electronic format either via e-mail or other method in Microsoft Word, Microsoft Powerpoint, or compatible formats. (NOP is open to discussing other electronic formats based on the project’s goals and needs, but reserves the right to reject formats that it is not able to work with or modify after delivery.)

All materials developed to support this contract will be delivered to the NOP, and may be posted as public information on a government website at the discretion of the NOP. Deliverables prepared for this contract are not proprietary to the contractor (although they may be used by the contractor as a public work); all draft and final deliverables become government property upon delivery.

2.4 Place and Period of Performance

Each contractor receiving an award shall perform most task-related activity at the contractor’s place of business. Project begin upon contract award, and will have a duration of one year.

2.5 Communication

The contractor shall not issue a news release, public announcement, advertisement or any other form of publicity concerning its relationship with the NOP or its efforts in connection with this contract without obtaining the prior written approval of the NOP lead contact.

3.0 Contract Administration

Government Officials

Technical Point of Contact:

Jennifer Tucker NOP Associate Deputy Administrator Jennifer.Tucker@ams.usda.gov 202-260-8077

Contracting Officer:

Nathan Johnson Nathan.d.johnson@aphis.usda.gov 612-336-3404 mailto:Jennifer.Tucker@ams.usda.gov mailto:Nathan.d.johnson@aphis.usda.gov

Payment

Funds obligated by this contract will be managed through the USDA’s Agricultural Marketing Service Budget Office. Invoices for work performed shall be submitted online at www.ipp.gov and will be processed for payment once the work products have been reviewed and approved by NOP. Invoices must align with the deliverables listed in the contractor’s proposal and incorporated into the award.

4.0 Contract Clauses

4.1 Contract Clauses Included by Reference

52.212-4 Contract Terms and Conditions—Commercial Items (Sep 2013)

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

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 2014)

(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 (Jul 2013) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

X__ (12) 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).

X__ (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

X__ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

X__ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X__ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X__ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

http://www.ipp.gov/ https://acquisition.gov/far/current/html/52_222.html%23wp1151848 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_222.html%23wp1151848 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_233_240.html%23wp1113329 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://acquisition.gov/far/current/html/52_233_240.html%23wp1113344 https://acquisition.gov/far/current/html/52_200_206.html%23wp1137622 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://acquisition.gov/far/current/html/52_200_206.html%23wp1141649 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_207_211.html%23wp1140926 https://acquisition.gov/far/current/html/52_207_211.html%23wp1145644 https://acquisition.gov/far/current/html/52_217_221.html%23wp1135970 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://acquisition.gov/far/current/html/52_217_221.html%23wp1136032 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://acquisition.gov/far/current/html/52_217_221.html%23wp1139913 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 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://acquisition.gov/far/current/html/52_222.html%23wp1147479 https://acquisition.gov/far/current/html/52_222.html%23wp1147630 https://acquisition.gov/far/current/html/52_222.html%23wp1147656

X__ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X__ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

X__ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

X__ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

X__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X__ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

(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.] X__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

Wage rates for the applicable contractor location will be included with each award

X__ (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.).

Varies by contractor submission

X__ (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.).

(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 https://acquisition.gov/far/current/html/52_222.html%23wp1147711 https://acquisition.gov/far/current/html/52_222.html%23wp1158632 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html%23wp1148097 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html%23wp1148123 https://acquisition.gov/far/current/html/52_222.html%23wp1160019 https://acquisition.gov/far/current/html/52_222.html%23wp1156645 https://acquisition.gov/far/current/html/Subpart%2022_18.html%23wp1089948 https://acquisition.gov/far/current/html/52_223_226.html%23wp1188603 https://acquisition.gov/far/current/html/52_232.html%23wp1153351 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://acquisition.gov/far/current/html/52_233_240.html%23wp1113650 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+2+3++%285%29%20%20AND https://acquisition.gov/far/current/html/52_222.html%23wp1160021 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 https://acquisition.gov/far/current/html/52_222.html%23wp1153423 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 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 https://acquisition.gov/far/current/html/52_222.html%23wp1148274 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 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 https://acquisition.gov/far/current/html/52_215.html%23wp1144470 https://acquisition.gov/far/current/html/Subpart%204_7.html%23wp1082800 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 (Jul 2013) (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.).

(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 (Aug 2013).

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

(xiv) 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.

(xv) 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)

52.252-2 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) https://acquisition.gov/far/current/html/52_200_206.html%23wp1141983 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_217_221.html%23wp1136032 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://acquisition.gov/far/current/html/52_217_221.html%23wp1136032 https://acquisition.gov/far/current/html/52_222.html%23wp1147587 https://acquisition.gov/far/current/html/52_222.html%23wp1147587 https://acquisition.gov/far/current/html/52_222.html%23wp1147711 https://acquisition.gov/far/current/html/52_222.html%23wp1158632 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html%23wp1148097 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html%23wp1160019 https://acquisition.gov/far/current/html/52_222.html%23wp1160019 https://acquisition.gov/far/current/html/52_222.html%23wp1160021 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 https://acquisition.gov/far/current/html/52_222.html%23wp1151848 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t21t25+618+103++%2822%29%20%20AND%20%28%2822%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html%23wp1151848 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t21t25+618+103++%2822%29%20%20AND%20%28%2822%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html%23wp1155380 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_222.html%23wp1155440 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_222.html%23wp1156645 https://acquisition.gov/far/current/html/52_223_226.html%23wp1192524 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+1445+65++%2810%20U.S.C.%202302%20Note%29%20%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_223_226.html%23wp1183820 https://acquisition.gov/far/current/html/52_223_226.html%23wp1183820 https://acquisition.gov/far/current/html/52_247.html%23wp1156217 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t45t48+351+1++%2846%29%20%20AND%20%28%2846%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t45t48+351+1++%2846%29%20%20AND%20%28%2846%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://acquisition.gov/far/current/html/52_247.html%23wp1156217 http://acquisition.gov/far/index.html

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 Incorporated by Reference

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

52.217-5 Evaluation of Options (July 1990)

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:

Criteria 1: Price Criteria 2: Project approach and Viability Criteria 3: Originality, Innovation, and Creativity Criteria 4: Project Team (partners and key personnel) Criteria 5: Past performance

Criteria 2 through 5 when combined are more important than price (criteria 1).

(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)

52.212-3 Offeror Representations and Certifications—Commercial Items (Nov 2013).

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) 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;

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

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

(10) FSC 9630, Additive Metal Materials.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

“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…