AG-6395-S-15-0039_Delta_Traps.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

APHIS-MRPBS-ASD-6395

100 N 6TH STREET

Butler Square, 5th Floor ASD Procurement Branch

USDA APHIS MRPBS

CODE 16. ADMINISTERED BYCODE

X

X

X

322130

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MRPBS-ASD-6395

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

01/30/2015 1500 CT

01/13/2015

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-15-0039

5. SOLICITATION NUMBER

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

1 29 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

MINNEAPOLIS MN 55403

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

MINNEAPOLIS MN 55403

100 N 6TH STREET

Butler Square, 5th Floor ASD Procurement Branch

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS MRPBS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE 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 Paperboard Delta Traps

(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

29 2 of

AG-6395-S-15-0039 Delta Traps

1.0 Pricing

Item Description Unit* Price

0001 Green Paper Delta Traps 2015 - 2016 Each 0002 Orange Paper Delta Traps 2015 - 2016 Each 0003 Brown Paper Delta Traps 2015 - 2016 Each 0004 Green Paper Delta Traps 2016 - 2017 Each 0005 Orange Paper Delta Traps 2016 - 2017 Each 0006 Brown Paper Delta Traps 2016 - 2017 Each 0007 Green Paper Delta Traps 2017 - 2018 Each 0008 Orange Paper Delta Traps 2017 - 2018 Each 0009 Brown Paper Delta Traps 2017 - 2018 Each 0010 Green Paper Delta Traps 2018 - 2019 Each 0011 Orange Paper Delta Traps 2018 - 2019 Each 0012 Brown Paper Delta Traps 2018 - 2019 Each 0013 Green Paper Delta Traps 2019 - 2020 Each 0014 Orange Paper Delta Traps 2019 - 2020 Each 0015 Brown Paper Delta Traps 2019 - 2020 Each

*while priced per unit the traps will be ordered in quantities of 10,000.00 **Alternate pricing arrangements are welcome AND the above must be complete in order for the quote to be considered responsive.

1.0.1 Period of Performance

Five years from date of award with each ordering period lasting one year

1.1 Submission Requirements

In this acquisition, the government will obtain best value by using the Tradeoff Process source selection approach defined at FAR 15.101-1; i.e., an approach which permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal. Submittal evaluation will occur in accordance with FAR 13.106-2.

Offeror’s will be evaluated on the following criteria

Price, Past Performance

Past performance is a measure of the degree to which an offeror has satisfied customers in the past, and complied with federal, state, and local laws and regulations.

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

Technical Capability Technical capability represents a contractors ability to supply the traps (manufacturing capability, supplier agreements, etc). There are numerous ways to show technical capability (including proof of supplying similar products). A higher rating will be given to companies that have an established history of manufacturing or supplying similar items.

Technical Capability and Past Performance, when combined, are approximately equal to price.

1.2.2 Items Required to be Submitted for Award

The following items are required to be submitted in order to be eligible for award. Submit your proposals in the following format:

1) Cover page

a. Company Name

b. DUNS number

c. Point of contact

i. Name

ii. Email address

iii. Phone numbers

2) Price schedule

a. The contractor must Complete 1.0 Price Matrix

b. In addition the contractor is encouraged to submit alternate pricing arrangements

3) Technical Capability

a. Capability Statement

4) Past Performance

a. Three to five past performance references detailing experience in supplying paperboard traps or equivalent. Include:

i. Company or agency name

ii. Size of project (in dollars, area, or number of trees)

iii. Point of contact

1. Name

2. Phone number

3. Email address

iv. Brief description of the work

1.2.3 Questions

All questions must be submitted via email no later than 22 January 2015 to:

Nathan.d.johnson@aphis.usda.gov

1.2.4 Quote due date, time, and location

Quotes are due via email on 30 January 2015 at 1500 Central. It is the contractors responsibility to ensure quotes are received on time. If submitting via email please note that file size limitations, formatting, or other problems may hamper receipt so please verify that the contracting officer has received your quote.

USDA APHIS MRPBS

Nathan Johnson – Contracting 100 North 6th Street Suite 510 – C Butler Square Minneapolis, MN 55448 Nathan.d.johnson@aphis.usda.gov

(612) 336-3404 mailto:Nathan.d.johnson@aphis.usda.gov

1.3 Alternate Pricing Proposals

Contractors may submit alternate pricing schedules (e.g., price breaks for quantity ordering)

2.0 Statement of Work

The USDA Animal Plant Health Inspection Service, Plant Protection and Quarantine (PPQ) requires the purchase of:

Green Paper Delta Traps Orange Paper Delta Traps Brown Paper Delta Traps

The traps will be used primarily for the surveillance and monitoring program associated with several pests but primarily Gypsy Moth, Lymantria dispar.

2.0.1 Background

The paper delta trap is utilized in a variety of insect monitoring programs for highly destructive insects.

The APHIS-PPQ’s goal with this trap is to define the extent of these infestations or potential infestations and limit artificial spread beyond the infested area through quarantine and an active regulatory program. PPQ monitors movement of host material from infested areas to other areas of the United States for a variety of pests using the paper delta trap. This program is an effective Federal-State partnership that prevents the establishment of exotic insects in areas of the United States that are not contiguous to current regulated States and counties. In order to carry out this program’s objective, PPQ requires Paper Delta Traps to conduct insect presence surveys to support decision-making for program activities.

2.0.2 Objective

The Gypsy Moth Program and several other PPQ programs utilize the Paper Delta Trap in conjunction with specific pheromones to effectively monitor populations. Without the requested traps, effectively defining infestations might not be possible and the ultimate cost of eradication or control could exceed millions of dollars should this trap not be available.

2.1 Specifications

2.1.1 Material

The traps shall be fabricated of hard sized, liquid packaging grade ½ gallon milk carton paperboard stock .024 inch nominal thickness and polyethylene plastic-coated on both sides. Variance from nominal thickness no greater than +.002 will be tolerable. The coating is typically 0.0062” outside (= 9lbs. per 3,000 sq. Ft.) and .0012” inside. It is essential that the traps described herein are capable of withstanding outside service for a period of 90 days. Paperboard (milk carton grad) must exhibit good liquid holdout capability, especially where edges and cuts are exposed. The drainage holes need to be completely punched out.

2.1.2 Fabrication

The size, cutting, perforating, and precreasing shall be in accordance with the enclosed blueprint.

Should the precreasing be directional, it should be done in such a manner that will assist in folding the traps into assembly. Precreasing shall be done in a manner that does not cut or otherwise damage the plastic coating.

2.1.3 Adhesive

Field service trials have been conducted by PPQ personnel testing various adhesives for use on gypsy moth traps. It has been determined, as a result of the tests, the only adhesives acceptable for use are:

“Stickem Special Hold Fast Formula” or the “High Tack Formula” manufactured and distributed by:

Seabright Enterprises, LTD 4026 Harlan Street Emeryville, CA 94608

Or

“Tangle Trap” Formerly Manufactured by:

The Tangle Foot Company 314 Straight Avenue S.W.

Grand Rapids, MI 49504

Current Parent Company:

Contech Enterprises Inc. Unit 115 - 19 Dallas Rd Victoria, BC V8V5A6 Canada

2.1.3.1 Adhesive application

A uniform coating of insect adhesive shall be applied to the two inside surfaces identified on the enclosed drawing. The amount of adhesive to be applied is ten (10) grams +/- one (1) gram. The adhesive shall be applied in a manner which prevents deposition outside of the designated area.

The critical nature of the gypsy moth survey trapping programs prohibits the use of alternative adhesive materials. Following application of the adhesive, each trap shall be prepared for storage by folding in a manner that aligned the inside surfaces of panels B and C to prevent the adhesive coated surfaces from contacting non-adhesive surfaces.

2.1.4 Colors and Printing

Traps shall be made available in brown, green and orange. The trap interior color shall match the exterior. The process used to color the trap surfaces shall be resistant to fading and to withstand exposure to sunlight for a period of 90 days without appreciable loss of color. A grid of one inch squares shall be printed in white on the interior surfaces. The width of the grid lines shall be approximately 1/64th of an inch. The printing shall be waterproof, visible through the adhesive coating and unaffected by the adhesive coating. (see attachments for details.)

2.2 Packaging

The Gypsy Moth Delta Traps shall be positioned with the folded edge down in containers not exceeding 35 lbs. The container shall be sized to produce a snug fit and strength to withstand shipping, handling and stacking to the heights of five (5) feet without crushing the containers at the bottom of the stack. All boxes must be uniform in count and weight.

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

Material Safety Data Sheets (MSDS) shall be provided to the USDA. The contractor shall provide one

(1) material Safety Data Sheet (MSDS) copy in each packaging container or its current equivalent.

2.2.1 Package Markings

The following shall be displayed on a side wall of each carton:

Agency: USDA APHIS PPQ Contract No. ____________ Contractor Name: ____________ Delivery Order No. ___________________

The following instructions shall be printed on 4 vertical sides of each carton with all characters being 3/8 inch high (Corresponding information may be hand written but must be legible):

This side up↑

DO NOT CRUSH

STORE IN A COOL DRY PLACE

Paper Delta Trap, Color:

Quantity:

Production date:

Lot No.:_

2.3 Delivery

FOB destination to:

USDA APHIS PPQ

Bldg 6420 Moore Air Base 22675 N Moorefield Road Edinburg,TX 78541-5033

2.4 Quality Control Inspection of Traps:

During the manufacture of the balance of the traps, the Contracting Officer’s Representative (COR) or representative authorized by her/him may elect to inspect and monitor production of the traps at the production facility.

Additionally, testing may be conducted to ensure traps meet specifications. The testing may include industry standard procedures described in the Technical Association of Pulp and Paper Industry (TAPPI) as Method T-491 OM 85 or other tests designed to evaluate the adhesive coating, sizing, tensile strength, liquid holdout, and weather-ability of the paperboard product used. Overall, quality of the assembled trap will be evaluated.

2.4.1 First Article Testing and Approval

The USDA shall require first article testing in two phases after the award of the contract and may require it after any subsequent delivery order as requested. First article approval may be waived by the CO if the contract is awarded to a company with recent related contract experience.

Phase 1:

After receiving notification of award from the Contracting Officer (CO) or a Contract Specialist (CS) the contractor will submit twelve 8 inches by 8 inches paperboard samples within 20 working days of notification of award to:

USDA APHIS PPQ

Attention: Paper Board Testing CPHST Otis Laboratory 1398 W. Truck Rd.

Buzzards Bay, MA 02542

Testing will be conducted to determine if the standards have been met (described elsewhere). Within 20 working days after the Government received the first article, the CO or CS shall notify the contractor, in writing, of the conditional paper board, approval or disapproval. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements for the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor.

Phase 2:

After successfully submitting the approved or conditionally approved paperboard samples that met the first article phase 1 testing shall then submit twelve (12) gypsy moth paper delta traps with adhesive, four of EACH COLOR within 15 working days from the date of approval of the paperboard samples, for first article tests. Shipping documentation shall contain government procurement number and the item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract. Samples should be submitted to:

USDA APHIS PPQ

Attention: Paper Delta Trap Testing CPHST Otis Laboratory 1398 W. Truck Rd.

Buzzards Bay, MA 02542

Within 20 working days after the Government received the phase 2 first article, the CO or CS shall notify the Contract, in writing, of the approval, conditional approval, or disapproval of the first article.

The notice of conditional approval or approval shall not relieve the Contract from complying with all requirements for the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor.

A site visit may be arranged to the production facility to ensure the trap produced conforms to specification.

Should any cases of production over-runs or slight dimensional changes caused by lot quantity procurement from cutting of base material be identified the Contracting Officer (CO) or Contract Specialist (CS) shall be made aware. Appropriate course of action will be directed after consideration of the Government needs and how they may fit them.

2.4.2 Quality Assurance and Quality Assurance Surveillance:

The contractor may be asked to provide a written copy of its quality control program utilized in the manufacturing process to ensure compliance with the specifications.

The government may periodically test samples of the traps at its choosing to ensure they are compliant with the terms of the contract.

3.0 Contract Administration

Administration of this contract shall be performed by:

Nathan Johnson Contract Specialist 100 north 6th Street Suite 510 – C; Butler Square Minneapolis, MN 55403

(612) 336-3440 Nathan.d.johnson@aphis.usda.gov

3.1 Placement of Orders

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

Certain warranted personnel have Government issued credit cards. They can use their specific authority to place orders up to their warrant limit. These orders can be placed electronically, orally, mail, or via facsimile. The credit card information must be acquired at the time the order is placed.

Orders placed via Government credit card may not exceed $25,000.00.

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

Nathan Johnson

USDA APHIS MRPBS

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

3.2 Contract Minimum and Maximum

The contract minimum (i.e., the lowest amount awarded to any contractor selected for award) is for 10,000 traps.

The minimum estimated contract ordering amount is approximately 150,000 traps per year (total of all colors) with approximately 1 million ordered over the life of the contract.

The average annual order is currently 750,000 traps per year (total of all colors) with approximately

4.5 million ordered over the life of the contract.

The contract maximum (i.e., the total amount of all delivery orders combined awarded to any one contractor) is $5,000,000 over the life of the contract.

3.3 Invoicing and Payment Information

Proper invoices for this contract shall be sent at the completion of each delivery order.

All invoices shall contain the following information:

Contract Number Delivery Order Number Date of shipment Quantity and price of all items shipped

All invoices shall be inputted and processed via the Invoice Processing Platform at www.ipp.gov

Failure of the Contractor to comply with the instructions provided herein will be considered as an improper invoice submission and the time period for payment set forth in the terms of the Prompt Payment Act will not commence until receipt of a proper invoice.

4.0 Contract Clauses

4.1 Clauses Incorporated by Reference

52.212-4 Contract Terms and Conditions—Commercial Items (Dec 2014).

52.216-18 Ordering (Oct 1995) with the following text inserted:

Five years from Contract Award 52.216-22 Indefinite Quantity (Oct 1995) with the following text inserted:

Five years from Contract Award

4.2 Clauses Incorporated by Full Text

52.209-4 First Article Approval—Government Testing (Sept 1989)

(a) See section 2.4.1

(b) Within 20 working days after the Government receives the first article, the Contracting Officer (or Contracting Officers Representative) shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any http://www.ipp.gov/ extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor—

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor’s expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or

(2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(End of clause)

52.211-17 -- Delivery of Excess Quantities (1989).

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any.

If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor’s expense or retained and paid for by the Government at the contract unit price.

(End of Clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Dec 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 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)).

https://acquisition.gov/far/current/html/52_207_211.html%23wp1146366 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/

(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)"(Public Laws 108-77 and 108- 78 (19 U.S.C. 3805 note)).

(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:

X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 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__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

X__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

X__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X__ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X__ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X__ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

X__ (40) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

X__ (43) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X__ (49) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

X__ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

None checked

(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 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 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_200_206.html%23wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ 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%23wp1136004 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%23wp1136175 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 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%23wp1162802 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_223_226.html%23wp1188603 https://acquisition.gov/far/current/html/52_223_226.html%23wp1192900 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_223_226.html%23wp1169608 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_232.html%23wp1153445 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) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 (May 2014) (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 (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

(viii) 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.

(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(x) 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)).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 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).

https://acquisition.gov/far/current/html/52_215.html%23wp1144470 https://acquisition.gov/far/current/html/Subpart%204_7.html%23wp1082800 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/ 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%23wp1162802 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 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/ 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%23wp1162590 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

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 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.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

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

(End of clause)

52.216-19 Order Limitations (Oct 1995).

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 10,000 traps, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 1,000,000 traps;

(2) Any order for a combination of items in excess of 10,000,000 traps; or

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

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.222-99 - Establishing a Minimum Wage for Contractors. (DEVIATION 2014-O0017) (JUNE 2014)

This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, dated June 12, 2014.

(a) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage https://acquisition.gov/far/current/html/52_223_226.html%23wp1183820 http://uscode.house.gov/ 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+t09t12+37+408++%2810%29%20%252 https://acquisition.gov/far/current/html/52_247.html%23wp1156217 https://acquisition.gov/far/current/html/52_222.html%23wp1163027 http://www.acquisition.gov/far/html/52_216.html%23wp1115057 under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).

(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

(End of clause)

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

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(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)

AGAR 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT

STATUS FOR CORPORATE APPLICANTS (Feb 2012)

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

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

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

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

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

(End of Clause)

5.0 Contract Provisions

5.1 Contract Provisions Included by Reference

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

5.2 Contract Provisions Included by Full Text

52.207-4 Economic Purchase Quantity—Supplies (Aug 1987)

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government.

(b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

Offeror Recommendations

Item Quantity Price Quotation Total

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government’s requirements indicate that different quantities should be acquired.

(End of provision)

2.212-2 Evaluation—Commercial Items (Oct 2014)

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

Price, Past Performance Technical Capability

Technical Capability and Past Performance, when combined, are approximately equal to price.

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

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

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Items (Dec 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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.

http://www.acquisition.gov/

“Highest-level owner” means the entity that owns or controls an immediate…