PACKAGE.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

723849

PAGE OF

1 41

2. CONTRACT NO. 3. AWARD/

EFFECTIVE DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER

AG-6395-S-15-0008

6. SOLICITATION

ISSUE DATE

11/24/2014

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LATISHA HOLLMAN

b. TELEPHONE NUMBER (No collect calls)

919-855-7003

8. OFFER DUE DATE/LOCAL TIME

12/15/2014 1700 ET

9. ISSUED BY CODE APHIS-MRPBS-A 10. THIS ACQUISITION IS UNRESTRICTED OR X SET ASIDE: 100.00 % FOR:

X SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: 926140

BUSINESS EDWOSB

SERVICE-DISABLED 8(A)

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS

USDA APHIS MRPBS

ASD Procurement Branch Venture Dr, 2nd Floor 920 Main Campus Dr Raleigh, NC 27606

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

X RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE APHIS-MRPBS-ASD-

TO BE ASSIGNED AT CONTRACT AWARD

USDA APHIS MRPBS

ASD Procurement Branch Venture Dr, 2nd Floor 920 Main Campus Dr Raliegh, NC 27606

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

Vendor:

DUNS: Tax ID:

Email Address:

TELEPHONE NO.

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP).

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Tax ID Number: Not Available DUNS Number: Not Available The Government intends to award multiple Blanket Purchase Agreements (BPA,s) to provide, Grain, Rice, Pulse, or Processed Commodity Inspection and Weighing Services as listed below. Funded Call Orders will be issued as necessary over the course of this agreement. The hours below are only estimates and are not a guarantee of future needs.

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

X ARE

ARE

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

LATISHA A. HOLLMAN

31c. DATE SIGNED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

001 Year One (Date of Award - 09/30/2015): Sampling, EA

Inspection, and Weighing Services. Rough Annual

Estimated at 100-3,000 hrs. @ $/Per Hour .

Product/Service Code: H387

Product/Service Description: INSPECTION-

AGRICULTURAL SUPPLIES

Delivery: 09/30/2015

002 Year Two (10/01/2015- 09/30/2016): Sampling, EA

Inspection, and Weighing Services. Rough Annual

Estimated at 100-3,000 hrs. @ $/Per Hour.

(Option Line Item)

06/30/2015

Product/Service Code: H387

Product/Service Description: INSPECTION-

AGRICULTURAL SUPPLIES

Delivery: 09/30/2016

003 Year Three (10/01/2016 - 09/30/2017): Sampling, EA

Inspection, and Weighing Services. Rough Annual

Estimated at 100-3,000 hrs. @ $/Per Hour.

(Option Line Item)

Continued ...

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

STANDARD FORM 1449 (REV. 2/2012) BACK

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

AG-6395-S-15-0008

PAGE OF

3 41

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D

UNIT PRICE

(E)

AMOUNT

(F)

06/01/2017

EA

Product/Service Code: H387 Product/Service Description: INSPECTION-

AGRICULTURAL SUPPLIES

Delivery: 09/30/2017

Year Four (10/01/2017 - 09/30/2018): Sampling, Inspection, and Weighing Services. Rough Annual Estimated at 100-3,000 hrs. @ $/Per Hour.

(Option Line Item) 06/01/2018 Product/Service Code: H387 Product/Service Description: INSPECTION-

AGRICULTURAL SUPPLIES

Delivery: 09/30/2018

005 Year Five(10/01/2018 - 09/30/2019): Sampling, EA Inspection, and Weighing Services. Rough Annual Estimated at 100-3,000 hrs. @ $/Per Hour .

(Option Line Item) 06/01/2019 Product/Service Code: H387 Product/Service Description: INSPECTION-

AGRICULTURAL SUPPLIES

Delivery: 09/30/2019

NOTE: Before a BPA Award can be issued the Contractor must meet the licensing and approval requirements. The BPA awards can run for a consecutive 5 years (preferred) period. If prices are going to change each year adjustments will need to be negotiated.

Some of the Locations for work are as follows:

Arkansas, Georgia, Illinois, Indiana, Louisiana, Minnesota, Mississippi, Missouri, Montana, New York, North Dakota, Ohio, Oregon, South Dakota, Texas, and other states yet to be determined.

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED

AG-6395-S-15-0008

PAGE OF

4 41

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D

UNIT PRICE

(E)

AMOUNT

(F)

Indicate your desired location(s), City and State for work.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Statement of Work

To Assist the U.S. Department of Agriculture, Grain Inspection, Packers and Stockyards Administration, Federal Grain Inspection Service Various Locations – see above In Providing USGSA and AMA Inspection and Weighing Services

I. INTRODUCTION

The U.S. Department of Agriculture (USDA), Grain Inspection, Packers and Stockyards Administration (GIPSA), facilitates the marketing of U.S. grain and related agricultural products through the establishment of standards for quality assessments and regulation of handling practices. GIPSA’s Federal Grain Inspection Services (FGIS) administers the official inspection and weighing program under the authority of the U.S. Grain Standards Act (USGSA) and Agricultural Marketing Act of 1946 (AMA), as amended.

The USGSA and the AMA authorize the Secretary of Agriculture to contract with private firms, institutions, and individuals for the purpose of performing specified inspection services. FGIS will use this contracting authority to supplement its workforce by contracting with individuals to grade, sample, review documents/dispatch or weigh bulk and bagged grain, rice, processed commodities, and graded commodities when requested by FGIS to help respond to unpredictable workloads.

II. SCOPE OF WORK

When requested by FGIS, the contractor must provide grain, rice, processed commodity, and graded commodity inspection and weighing services under the authority of the USGSA and AMA in the geographical area serviced by FGIS Field Offices located in Grand Forks, ND; Stuttgart, AR; New Orleans, LA; Toledo, OH; Portland, OR; League City, TX; and other locations as necessary.

The overall objective of the contractor is to provide sampling, grading, checkweighing, checkloading, sanitation inspections, condition of container inspection, and acceptance services for grain, rice, processed commodities, and graded commodities according to {1} all pertinent specifications, instructions, standards, directives, memorandums, etc., and {2} procedures stated in the Grain Inspection Handbook; Pea and Lentil Handbook;

Processed Commodities Handbook; Bean Inspection Handbook; Sanitation Inspection Handbook for Rice, Beans, Peas, Lentils and Processed Commodities; Mechanical Sampling Systems Handbook; and Weighing Handbook. Grain, rice, processed commodity, and graded commodity inspection and related services, may include but are not limited to corn, wheat, soybeans, rice, sorghum, edible bean sampling, quality analysis, grade determination, and related services. The following is a listing for most of the locations, however new ones may be added if necessary in the future:

Grain facilities in the following areas (as determined by FMD):

Arkansas Georgia

Illinois Indiana Louisiana Minnesota Mississippi Missouri Montana New York North Dakota Ohio Oregon South Dakota Texas

Pulse and Processed commodities:

North Dakota Minnesota Montana South Dakota.

Rice facilities in the following areas:

Arkansas: Stuttgart, Jonesboro, Crawfordsville, Waldenburg and McGeehee, Mississippi: Greenville Louisiana: Mermentau, Crowley, Abbeville, Lake Charles, Hessmer, Texas: Henry, League City, Beaumont, and Corpus Christi, III. APPLICABLE DOCUMENTS

The contractor must perform all grain inspection, rice inspection, commodity inspection, weighing, and related services in accordance with the USGSA (7 U.S.C. §71 et seq.), regulations (7 CFR, Subtitle B, Chapter VII, Parts 800, 801, 802, and 810), AMA (7 U.S.C. § 1621 et seq.), regulations (7 CFR, Subtitle B, Chapter VII, Part 868), FGIS Rice Inspection Handbook, FGIS Grain Inspection Handbook, FGIS Weighing Handbook, FGIS Aflatoxin Handbook, FGIS Vomitoxin Handbook, instructions, methods, and policies and procedures. (Reference: http://www.gipsa.usda.gov/ lawregs.html )

a. Grain Inspection Service/Lot (Quality) Inspection.

Obtaining a representative sample(s) of an identifiable grain, rice, or graded/processed commodity lot, examining and testing the sample to determine quality based on grade, official factors, or official criteria or any combination of these according to the regulations, Official U.S. Standards, and instructions.

(Reference: applicable FGIS grain, rice, and processed/graded commodity handbooks http://www.gipsa.usda.gov/ Publications/pub_fgis.html#hb )

b. Sampling Service.

http://www.gipsa.usda.gov/%20lawregs.html http://www.gipsa.usda.gov/%20Publications/pub_fgis.html%23hb

Drawing a sample from a grain, rice, pulse, or processed commodity lot using FGIS-approved methods to obtain representative samples for analysis to determine quality based on grade, official factors, or official criteria or any combination of these according to the regulations, Official U.S. Standards, and instructions. Sampling will be in accordance with Chapter 1 of the Grain Inspection Handbook, Chapter 2 of the Pea and Lentil Handbook; Chapter 2 of the Processed Commodities Handbook as applicable; Chapter 2 of the Bean Inspection Handbook; specific sampling procedures contained in the Federal and Military specifications for Miscellaneous Processed Grain Commodities; and special procedures as assigned (i.e. quality complaints). (Reference: applicable FGIS grain, rice, and processed/graded commodity handbooks)

c. Plant Approval (Sanitation) Service.

Determining whether a plant/mill is processing and/or packaging commodities under sanitary conditions according to the Sanitation Inspection Handbook for Rice, Beans, Peas, Lentils, and Processed Commodities. (Reference: FGIS Sanitation Handbook)

d. Official Weighing/Checkweighing.

Certifying the weight of a specified lot of bulk or sacked grain, rice, or other commodity. Also may include weighing a selected number of containers from a lot, for the determination of the estimated total gross, tare, and net weight, or the estimated average gross or net weight per filled container. Checkweighing will be performed in accordance with the Weighing Handbook, Chapter 4, and specific checkweighing procedures contained in the Federal and Military specifications and Farm Service Administration (FSA) announcements (e.g., shall not be less than 98% of the marked net weight).

e. Condition of Food Container Inspection.

Examining the containers for condition, construction, sealing, and markings will be in accordance with the Agriculture Marketing Service (AMS) Handbook, Procedures for Inspection of the Condition of Food Containers, and Part 42 for the United States Standards for Condition of Food Containers.

f. Carrier Stowage Examination.

Visually determine if a carrier or container is clean; dry; free of infestation, rodents, toxic substances, and foreign odor; and suitable to store or carry grain or commodities. (Reference: FGIS Program Directive 9180.48)

g. Checkloading.

Performing a stowage examination on a carrier, computing the number of filled containers loaded aboard the carrier, observing the condition of containers loaded aboard the carrier, and sealing the loaded carrier, if practicable. (Reference:

Directive FGIS 9180.50)

h. Witness of Fumigation

Verifying the application of a fumigant to a specified cargo.

IV. RESPONSIBILITIES

CONTRACTOR’S RESPONSIBILITIES

a. Comply with the applicable provision of section II. (above)

b. Be licensed to perform assigned services.

c. Provide own transportation to and from service point.

d. Deliver or mail samples and other required documents to designated location(s) in accordance with the timeframes specified in the work order (Application for Inspection and Weighing Service).

e. Complete and sign all required reports and inspection forms. Keep an accurate record of the time inspections begin and end.

f. Prepare and submit invoices to the Department of Treasury's Invoice Processing Platform (IPP) at this website https://www.ipp.gov/index.htm..

g. Immediately report any apparent violation of the USGSA, AMA, regulations, or instructions to the field office in accordance with FGIS Directive 9070.6, “Reporting Violations of the U.S. Grain Standards Act and the Agriculture Marketing Act {AMA} of 1946.”

h. Possess no interest, financial or otherwise, direct or indirect, in merchandising, handling, storing, or processing commodities of the kind to be sampled or related products, as specified in 7 CFR 868.80

i. Guarantee sample integrity.

j. Meet the physical condition requirements in the Grain Inspection Handbook;

FGIS Stowage Exam Directive; and Sanitation Inspection Handbook for Rice, Beans, Peas, Lentils, Pulse and Processed Commodities.

k. Abide by all applicable OSHA and facility safety and sanitation regulations.

(1) Individual Contractors Not Affiliated with a Firm

The Contractor is responsible for providing grain, rice, processed commodity, and graded commodity sampling, inspection, weighing, and related services to assist FGIS, when requested, in accordance with the USGSA, AMA, regulations, U.S.

Standards for Grain, Rice, Beans, Peas, Lentils Pulse and Processed Commodities, instructions, and policies and procedures established under the authority of the USGSA and AMA. The individual contractor must:

a) Possess an FGIS license or authorization, or have possessed a license or authorization in the past three (3) years, to perform the functions outlined in this statement of work.

b) Have maintained at least a “Fully Successful” rating with FGIS or other Federal or state government agency, or a comparable rating and competency with a private official agency designated or delegated by FGIS.

c) Have met or exceeded the minimum standard of 80% overall grading accuracy.

d) Not have a conflict of interest (as specified in 7 CFR §868.80).

Contractor must not have interest, financial or otherwise, direct or indirect, in merchandising, handling, storing, or processing commodities of the kind to be sampled or related products.

e) Meet the physical condition requirements in the Grain Inspection Handbook, FGIS Stowage Exam Directive, and Sanitation Inspection Handbook.

f) Provide own transportation to and from point(s) of service.

g) Have a valid license to perform assigned service, and abide by all applicable OSHA and facility safety and sanitation regulations.

h) Follow the U.S. Standards, regulations, and approved official procedures and use approved equipment to perform grain, rice, processed commodity, and graded commodity sampling, inspection, weighing, and other related services.

i) Deliver or mail reports, samples, and other required documents to locations, and within the time frame, specified by the F/O.

Complete and sign required reports and inspection forms. Keep an accurate record of the time inspections begin and finish.

j) Bill FGIS for requested labor to assist in performing grain, rice, processed commodity, or graded commodity sampling, weighing, inspection, or related services by preparing billing invoices for hourly services performed against the contract and submit them to the F/O for payment.

k) Immediately report any apparent violation of the USGSA, AMA, regulations, or instruction to the field office according to FGIS Directive 9070.6, Reporting Violation of the U.S. Grain Standards Act and the Agricultural Marketing Act of 1946.

l) Provide FGIS written notice at least 90 days before the expiration of the contract period whether or not to extend the duration of this contract. The contract is in effect for up to 5 years total providing there is a continuing required need.

(2) FGIS Field Office (FO)

GIPSA, FGIS, Field Management Division personnel are responsible for interpreting standards and specifications; determining appropriate inspection methods and techniques; and developing inspection guidelines, instructions, handbooks, and training aids.

FGIS will:

a) License Contractor determined by FGIS as qualified to perform official grain, rice, processed commodity, and graded commodity inspection and related services; Test potential licensees to determine their skills and abilities; Conduct triennial renewals of licensed individuals; Issue licenses, in accordance with 7 the Regulations as supplemented by FGIS-issued instructions; and maintaining the licensing database.

b) Provide the Contractor with the U.S. Standards; pertinent regulations, instructions, directives, and notices; sampling, inspection, and weighing procedures and equipment; containers and tags for mailing samples; security containers; FGIS Directive 9070.6, Reporting Violations of the U.S. Grain Standards Act and the Agricultural Marketing Act of 1946; official forms including Form FGIS-110, Bribery Card.

c) Monitor the performance of Contractor in the application of sampling methods and techniques; inspection procedures and results; and performing other services.

d) Report to the Contracting Officer, if the Contractor is found to be in violation of the AMA and regulations. FGIS will suspend or revoke any license according to applicable regulations when it deems such action to be for the good of USDA/GIPSA.

e) Pay the contractor for assisting in performing grain, rice, processed commodity and graded commodity inspection and related services.

f) Give Contractor the location and time of service requests.

g) Spot check Contractor’s performance to ensure that it is according to contract specifications. The method and frequency of spot checking will be determined by the F/O and will depend on various factors including the contractor’s performance history, service point workload, distance, and budget constraints.

h) Ensure that the Contractor understands: inspection methods and techniques; how to use handbooks, instructions, sampling plans, forms, and any equipment involved in performing required services; the necessity and procedures for sample, equipment, and inspection data security; that samples must be mailed to the appropriate laboratory in a timely manner; and that they are not employees of the Federal Government and therefore, are not covered by such benefits as health, retirement, vacation, social security, unemployment compensation, workman’s compensation, etc.

V. BASIS FOR PAYMENT

a. Contractual services are based on the hourly rate with a guaranteed 2-hour minimum payment per call out.

b. The hourly rate is uniform for all services covered by the contract, whether services are performed singly or combined.

c. The service hours begin when the contractor arrives at the service location, but not before the call out time, and end when they leave the service location, less any mealtime (unless travel is outside a 25 mile radius from the service point).

d. Travel time is paid for delivering samples to the field office or other designated point at applicant’s request.

e. Payment for partial service hours is based on one-fourth of the hourly rate for each quarter hour worked.

f. The number of hours requested to work is not guaranteed; that is, the hours might be less than the amount shown in the purchase order.

g. Form FGIS-992, Services Performed Report, must be completed and sent to the F/O each time called to a service location to perform a service. If, upon arrival, there was no work (including standby time), the service location call out and departure times and the phrase 2-hour minimum must be shown in the Comments of Sampler block. If there was less than 2 hours of work performed (including standby time), the service location departure time and the phrase 2-hour minimum must be shown in the block.

h. Maximum workweek will not be in excess of 40 hours, and do not include overtime, night differential or holiday. Services may be required on nights, weekends, and holidays. Services may be needed any time during the seven-day work week. The workweek is defined as 00:00 Sunday (12 midnight) to 00:00 (12 midnight) the following Sunday.

Overtime

(1) Overtime is defined as time worked in one workweek in excess of 40 hours in such workweek. Overtime is contemplated only on an emergency basis. However, if the need for overtime arises, such overtime shall not be worked without written authorization from the Contracting Officer.

Holiday Rate

(1) Holiday time is defined as any time worked on a legal Federal Holiday. Legal Federal holidays for the purpose of this contract are listed below:

New Year’s Day Birthday of Martin Luther King Jr.

Washington’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

i. Overtime and/or holiday work may be worked by the Contractor only to the extent it is specifically authorized in writing in advance by the contracting officer. No additional hours of overtime may be worked without additional written authorization.

j. Unless the contractor states otherwise in contractor’s proposal it will be deemed that the contractor shall observe the same holidays as the Government and shall otherwise be open for business Sunday through Saturday during the performance of the contract.

k. In the event of unanticipated leave or business closures, such as; leave due to an at-work fire occurrence, executive order, or an at-work allotment of administrative holiday leave, the Government will pay the contractor for the full day’s work. However, in cases which necessitate leave due to occurrences such as inclement weather, or Government long-term office closure, Government shall not provide payment to the contractor.

VI. PUBLIC RELATIONS

It is essential for the Contractor, to display a positive image of USDA/GIPSA by ensuring that their employees maintain favorable relations with the grain loading facility and associated staff. Personnel must be courteous in their dealings with facility management. The Contractor must carry identification at all times. Work must be performed with due care, taking precautions against damage to property and interference with vehicular or pedestrian traffic. The Contractor must protect against damage to all USDA/GIPSA, commodity loading facility, and associated property.

VII. QUALITY ASSURANCE

A. The government will evaluate the Contractor's performance under this contract.

Nonperformance or substandard task performance will be documented when it occurs.

B. The Government will monitor quality control procedures under this contract as required by Administrative Handbook. The Contractor will submit a quality control plan before the contract start date. The plan must include methods to be used for identifying and preventing defects in the quality of service performed and records to be kept to document corrective or preventive actions taken. The contractor must make appropriate modifications and obtain acceptance of the plan by the contracting officer before the contract start date. The Contractor will be subject to the Government quality control program. The Contractor must maintain a minimum 80% accuracy on EACH interpretive factors.

VIII. CONTRACTOR LIABILITY

The Contractor is liable for any damages, losses, or injuries to people, property, and animals, which occur as a result, directly or indirectly, from work performed by the contractor’s employees and subcontractors while under contract with USDA/GIPSA.

The Contractor must immediately notify FGIS and the Contracting Officer, of any damages, losses, or injuries occurring during the performance of any contract with

USDA.

IV. BPA TERMS AND CONDITIONS

A. DESCRIPTION OF AGREEMENT

The supplier shall furnish the supplies or services listed in the above schedule of items if and when requested by the contracting officer (or the authorized representative of the contracting officer) from date of BPA award for five years or until during a specified period and within a stipulated aggregate amount, if any.

B. PERIOD OF PERFORMANCE/EXTENT OF OBLIGATION

This BPA is effective from date of issuance through 5 years. Per FAR 13.303-6, the Contracting Officer and individuals and/or organizational component authorized to place BPA calls will ensure each BPA is reviewed at least annually, updated at that time, and may make new arrangements or modify existing arrangement to validate the need for this BPA. Unilateral termination of this BPA may occur at any time by either party.

BPA Ceiling

Individual BPA calls shall not exceed a dollar threshold of $100,000. Total cumulative value of calls issued under this BPA shall not exceed a dollar threshold of $500,000. There is no minimum guarantee under this BPA.

C. INDIVIDUALS AUTHORIZED TO PLACE BPA CALLS:

Procedure for issuing BPA Calls is included in the specific SOW to this agreement. The following individuals and/or organizational component are authorized to place BPA calls with a not-to-exceed dollar (NTE) threshold to be determined upon issuance of each BPA:

1. Contracting Officer and Purchasing Agent, APHIS, MRPBS, ASD, Minneapolis, MN for each individual BPA Call order NTE $100,000.

2. USDA, APHIS, Grain Inspection, Packers and Stockyards Administration (GIPSA) Federal Grain Inspection Service (FGIS) League City Field Office, League City, TX and other personnel authorized by the Contracting Officer for each individual BPA Call order

NTE $100,000.00.

D. INVOICES

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury.

All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

http://www.ipp.gov/index.htm http://www.ipp.gov/vendors/enrollment-vendors.htm http://www.ipp.gov/vendors/enrollment-vendors.htm

The following minimum information shall accompany the invoice:

Number.

1. BPA Number

2. BPA Call Number

3. Itemized list of services furnished

4. Quantity, unit price

5. Date of services performed

V. FAR CONTRACT CLAUSES

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):

http://farsite.hill.af.mil/vffar1.htm

52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2014)

Clauses in Full Text:

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Oct 2014) Check appropriate clauses:

(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 (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). (ii) Alternate I (Oct 1995) of 52.219-6.

_X (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

http://farsite.hill.af.mil/vffar1.htm

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

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

Addendum, additional requirements:

REPRESENTATION REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS

FOR CORPORATE APPLICANTS

Awards made under this announcement are 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. To comply with these provisions, all applicants must complete the paragraph (1) of this representation, and all corporate applicants also must complete paragraphs

(2) and (3) of this representation.

(1) Applicant [insert applicant name] is is not (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S.

Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If Applicant checked "is" above, Applicant must complete paragraphs (2) and (3) of the representation. If Applicant checked "is not" above, Applicant may leave the remainder of the representation blank.

(2) Applicant [insert applicant name] has has not (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of application. Applicant has _ has not (check one) had any officer or agent of Applicant convicted of a felony criminal violation for actions taken on behalf of Applicant under Federal or State law in the 24 months preceding the date of signature.

(3) Applicant [insert applicant name] has does not have (check one) 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.

(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.).

_X (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

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

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

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

(e)

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

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

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

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

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

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

(vii) [Reserved]

(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 (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

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

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

52.212 -- Acquisition of Commercial Items Provisions and Clauses.

52.212-1 -- Instructions to Offerors -- Commercial Items.

As prescribed in 12.301(b)(1), insert the following provision:

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm%23P112_18855

Instructions to Offerors -- Commercial Items (Jun 2008)

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

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

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section

Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925)

Facsimile (202 619-8978).

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites--

(i) ASSIST ( http://assist.daps.dla.mil ).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch/ )

(iii) ASSISTdocs.com ( http://assistdocs.com ).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard ( http://assist.daps.dla.mil/wizard );

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697- 1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

http://assist.daps.dla.mil/ http://assist.daps.dla.mil/quicksearch/ http://assistdocs.com/ http://assist.daps.dla.mil/wizard http://fedgov.dnb.com/webform http://www.ccr.gov/

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

52.212-2 -- Evaluation -- Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

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.