S-15-0106_Swine_Tags_Solicitation_05212015.pdf

Solicitation

AG‐6395‐S‐15‐0106

Notes to Quoters:

1. This solicitation is for a firm‐fixed‐price requirement. Quoted price shall include all costs necessary to perform the work.

2. ANY QUESTIONS PERTAINING TO THIS Request for Quotes (RFQ) SHALL BE DIRECTED TO PATRICIA

SIMON, BY EMAIL TO patricia.m.simon@APHIS.USDA.gov no later than 2 days before quotes are due.

3. ALL CONTRACTORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) PRIOR TO CONTRACT AWARD. Go to www.sam.gov to register. If already registered, please make sure that your registration is up to date, that you have completed all FAR representations and certifications, and that you are registered under the NAICS code used for this solicitation. If the prospective apparent awardee for this request for quotes is not registered in the SAM database within 7 days of close of solicitation, the government reserves the right to proceed to award to the next otherwise successful registered offeror.

4. ALL WORK PERTAINING TO THIS REQUEST SHALL BE DONE IN ACCORDANCE WITH THE ATTACHED Statement of Work (SOW).

5. YOU MAY EMAIL YOUR QUOTE DIRECTLY TO PATRICIA SIMON before the time specified on the solicitation. Send quotes to: patricia.m.simon@APHIS.USDA.gov.

6. USDA IS AN AGENCY OF THE FEDERAL GOVERNMENT, TAX‐EXEMPT. FEDERAL TAX. I.D. NO. 41‐0696271.

7. Interested vendors shall submit the information required by 3.1.2 to be considered.

8. This solicitation is issued unrestricted.

9. NOTICE TO LARGE BUSINESS CONCERNS: The U.S. Department of Agriculture (USDA), Animal Plant and Health Inspection Service (APHIS), is committed to the participation of Small Businesses, Small Disadvantaged Businesses, Women‐Owned Small Businesses, HUBZone Small Businesses, and Service Disabled Veteran Owned Small Businesses in the performance of work under this solicitation and resulting contract. Your attention is directed to solicitation clauses 52.219‐8 entitled "Utilization of Small Business Concerns," and 52.219‐9 entitled "Small Business Subcontracting Plan."

If you are a large business and the apparent low offeror with an offer exceeding $650,000.00, submission of a Subcontracting Plan in accordance with the above clauses will be required within 3 days of your being notified that you are the apparent successful quoter. The Contracting Officer will review the plan using the following goals to assure that it represents your best efforts to maximize subcontracting opportunities. Award will not be made until the Contracting Officer approves the Subcontracting Plan. The offerors’s subcontracting plan shall meet or exceed the goals expressed below, in terms of percentages of total planned subcontracting dollars. The accepted plan shall be included in and made part of the resultant contract. The minimum required goals expressed in percent of total planned subcontracting dollars are:

a. Small Business 22.0%

b. Small Disadvantaged Business 5.0%

c. Women‐Owned Small Business 5.0%

d. HUBZone Small Business 3.0%

e. Service‐Disabled Veteran‐Owned Small Business 3.0%

f. Reporting (ISR/ESR through www.esrs.gov) 100%

It is the contractor’s responsibility to propose goals that are achievable. Adjustments to the above goals may be proposed and may be considered for negotiation by the Contracting Officer.

Subcontracting plans will be evaluated in accordance with FAR 19.704 Subcontracting Plan

Requirements, which can be accessed at the following website:

http://farsite.hill.af.mil/vfafara.htm. Contractors should be aware that failure to meet subcontracting goals in the performance of the contract may negatively impact performance evaluations, see also Clause 52.219‐16 LIQUIDATED DAMAGES‐SUBCONTRACTING PLAN (JAN

1999).

1.0 PRICE & PRODUCTION

1.1 Price Schedule

The Government intends to award a fixed‐price Indefinite Delivery Indefinite Quantity (IDIQ) contract for swine backtags. The term of this contract will be for five years.

Indicate the price per backtag and total price based on the estimated annual quantities needed. These quantities are only an estimated and are not guaranteed. The minimum order requirement under this contract is $5,000.

All prices must include delivery costs to anywhere in the continental U.S – FOB Destination.

Prices per Approximate Period of Performance: Estimated Unit Unit Price Total Price Qty YEAR 1: Award – 06/31/2016

001. Swine backtags 4,000 Box* ________ ________

YEAR 2: 07/01/16 – 06/31/2017

002. Swine backtags 4,000 Box* ________ ________

YEAR 3: 07/01/17 – 06/31/2018

003. Swine backtags 4,000 Box* ________ ________

YEAR 4: 07/01/18 – 06/31/2019

004. Swine backtags 4,000 Box* ________ ________

YEAR 5: 07/01/19 – 06/31/2020

005. Swine backtags 4,000 Box* ________ ________

*Box = one thousand (1000 tags)

1.2 Price Scheduling Notes

1.2.1 The resulting contract will be an IDIQ (indefinite delivery indefinite quantity) contract with firm fixed price line items.

1.2.2 In accordance with FAR 52.212‐1: Please ensure your firm provides all necessary items to be considered responsive as outlined in Section 3.1.2 below.

2.0 STATEMENT OF WORK:

Swine Backtags

2.1 BACKGROUND

The U.S. National Veterinary Stockpile (NVS) is the nation's repository of critical veterinary supplies, equipment, and service resources. It exists because of the nation’s concern after 9/11 that terrorists could release animal diseases of catastrophic proportions that would:

deplete State and local response inventories, generate surge requirements that would overwhelm commercial sources, and prevent unaffected States from providing significant help for fear of the threat crossing their borders

The NVS’ ability to deploy within 24 hours large amounts of critical veterinary resources ensures States have what they need to respond to catastrophes and other outbreaks.

The NVS deploys products like animal vaccine, antiviral, equipment, or therapeutic products to appropriately respond to damaging animal diseases affecting human health and the economy that are likely to be unavailable in sufficient quantities for large outbreaks. States, industry (as part of the incident command system), and NVS commercial partners will use the products and related equipment to respond to large‐scale outbreaks.

2.2 OBJECTIVE

The USDA, Animal and Plant Health Inspection Service (APHIS), National Veterinary Stockpile (NVS) intends to acquire swine backtags for distribution to all United States (U.S.) livestock markets and slaughter facilities.

2.3 SPECIFICATIONS

2.3.1 Material and Size

The swine backtags shall be made of 10 MIL MAT, printing grade, rigid vinyl or other synthetic equivalent print stock and made of weatherproof material. Standard color of tag needed must be white;

however, contractor must be able to produce yellow, orange, red, green and blue tags upon request.

Tags shall be 3" in diameter printed with a 3‐digit number on one side only. Also, one state requires a 4‐ digit tag. The tags shall be applied to the swine using Ruscoe or Stevens Industry backtag cement adhesives. The tag shall work with both of these adhesive cements under field conditions for a minimum of 10 days.

2.3.2 Printing

A. The tag printing requirements are listed below:

Tags shall only be printed on one side.

All print shall be in permanent solid black ink.

Ink shall have sufficient dryer to prevent offsetting and smearing when tags are padded together.

Ink shall withstand rain, snow, and other adverse conditions without smearing or chipping off for a minimum of 10 days.

Tags shall be printed with eight characters.

o Three of four large serial numbers in the middle of the tag.

o A 1/8" wide bar shall be printed below the numbers.

B. Character and Numeral Printing Sizes:

A prefix shall be printed in the upper arc of the tag.

The prefix shall be two letters designating the state, a space, and two letters designating the market, a space and one number in a series with the three large numbers in the middle of the tag.

A legend shall be printed in the lower arc of the tag, below the large numbers. The legend shall be:

STATE/FEDERAL ‐‐ DO NOT REMOVE

EXAMPLE: WV AB 1

Print style shall be:

(a) Upper Arc: Helvetica medium, condensed type, at least 1/16 inches high.

(b) Large numbers: Helvetica compact type 5/8 inches wide, and between a minimum height of

1‐3/16 inches wide to a maximum height of 1‐1/4 inches.

(c) Barcode: A barcode will be positioned directly below the legend State/Federal ‐‐Do Not

Remove. Three (3) of nine (9) barcodes shall be 2 inches long by 5/16 inches high. The tag number will be repeated under the barcode. The production date shall be posted on the bottom center of the tag.

(d) Alternative style for Minnesota, Michigan and other states that choose: A numerical state designation of 41, instead of MN and 34 instead of MI. Tags shall roll. For example: 41 AA through ZZ 1‐9999 without duplication.

(e) Alternative color for Indiana and other states that choose: Indiana may choose a yellow swine tag. Other states may have their option of color.

EXAMPLE 1: SWINE BACKTAG

2.3.4 Bar Codes

The bar codes shall be clearly distinguishable from the large numbers with at least 1/8 inch diameter. The bar code shall be a 39 and have a density of 6 characters per inch. The bar coding shall meet the American National Standards (ANSI) standards grade of “B” or better.

Numeric values are assigned to each Code 39 character.

0‐0 F‐15 U‐30 1‐1 G‐16 V‐31 2‐2 H‐17 W‐32 3‐3 I‐18 X‐33 4‐4 J‐19 Y‐34 5‐5 K‐20 Z‐35 6‐6 L‐21 “‐36 7‐7 M‐22 ‘‐37 8‐8 N‐23 Space ‐38 9‐9 0‐24 $‐39

A‐10 P‐25 /‐40 B‐11 Q‐26 +‐41 C‐12 R‐27 %‐42 D‐13 S‐28 E‐14 T‐29 &W

The check digit is the modulus 43 sum of all the character values in a given message and is printed as the last data character. For example: The sum of the values of the following data would be:

Data: 12345ABCDE/ Sum of Value = 1+2+3+4+5+10+11+12+13+40+115 1 15/43 = 2 Remainder 29

The check digit is the character corresponding to the value of the remainder, which in this example 29 or T. The data above with its check digit reads: 12345ABCDE/T.

2.3.4 Packaging and Marking

Swine backtags shall be packaged in pads of 50 with 1,000 tags per box and 10,000 tags (10 boxes) per case. A minimum of a 200 pound test corrugated carton shall be used.

A. INTERIOR PACKAGE

The following information shall be printed on the label of each individual/interior box. One bar code included on the label shall read the stock number, tag series and quantity.

STOCK NUMBER: Z888‐00‐OK‐73WP (Tag printed with state alpha) Z888‐01‐MN‐41IA (Tag printed with state code)

DESCRIPTION: SWINE TAGS (WP 2001‐3000)

QUANTITY: 1 M (20 PADS/50 TAGS)

Example of interior labeling:

B. EXTERIOR PACKAGE

The following will be printed on the exterior case with a bar code that reads the stock number, tag series and quantities.

CONTRACT NO: AG‐6395‐C‐13‐0064 (EXAMPLE FORMAT)

DELIVERY ORDER NO: AG‐6395‐D‐13‐0111

STOCK NUMBER: Z888‐00‐/CO‐84MV

Example of exterior labeling:

Contractor must ensure all packaging requirements outlined in this Statement of Work is followed. Contractor will stack boxes on a pallet and shrink‐wrap with the NSN visible when the shipment is received at the USDA, APHIS, VS Warehouse. The pallet should not exceed 54 inches.

A confirmation of the quantities shipped and condition of the shipment must be emailed to melody.allison@aphis.usda.gov.

2.4 QUALITY

Tags identified as defective (do not meet the specifications outlined in Section 2) must be replaced at no cost to the Government.

2.6 SHIPPING REQUIREMENTS

The Contractor that is awarded shall deliver the swine backtags, FOB Destination, to the address provided in the delivery order. The tags will be packaged, marked, palletized, as specified in this statement of work. Tags must be delivered within 30 days of receipt of order.

2.6.1 Packing Slip

Each shipment shall include a packing slip attached to the outside of one box and enclosed in a protective plastic pouch and one packing slip on the outside of the shipment box. The packing slip shall identify the contract number, delivery order number, item stock number and quantity shipped. A legible copy of the delivery order may be used as the packing slip

2.7 – QUALITY CONTROL

The contractor shall provide a quality control plan and clearly demonstrate the manufacturer's ability to consistently adhere to contract specifications and contract delivery requirements. Upon award, contractor shall provide a quality control contact person.

3.0 SUBMISSION AND EVALATION FACTORS

3.1 MINIMUM QUALIFICATION FACTORS

3.1.1 Evaluation Factors

In this acquisition, the Government will award to the responsible offeror whose offer conforms to the solicitation specifications, and price is most advantageous to the government. Please quote all or none.

Submittal evaluation will occur in accordance with Simplified Acquisition Procedures as outlined in FAR part 13.106‐2.

3.1.2 Items Required to be Submitted for Award

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

1) Completed price schedule as organized in Section 1.1 of the Solicitation

2) Fifty (50) sample tags sent to:

Gary Ross, DVM Senior Staff Veterinarian

USDA, APHIS, VS SPRS, CHC

4700 Riverr Rd Riverdale, MD 20737 Tel: 301.851.3535

3) The samples must be received by the deadline indicated below in Section 3.2. Proposal Due Date, Time, and Format

4) Completion of 52.225‐6 – Trade Agreements Certificate

5) Past Performance: Three (3) past performance references detailing swine tag ordering and manufacturing. Include:

a. Company or agency name

b. Size/frequency of Order

c. Point of contact

i. Name

ii. Phone Number

iii. Email Address

3.2 PROPOSAL DUE DATE, TIME AND FORMAT

Proposals are due via email or mail no later than 2:00 PM CST on June 15, 2015. It is the contractor’s responsibility to ensure proposals 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 Proposal.

USDA APHIS MRPBS

Patricia Simon – Contracting 100 North 6th Street Suite 510 – C Butler Square Minneapolis, MN 55403

(612) 336‐3460 (phone) Patricia.m.simon@aphis.usda.gov

**PLEASE NOTE that other than indicated above, submissions 1, 3‐5 must ONLY be submitted to the Contracting Specialist, Patricia Simon, at patricia.m.simon@aphis.usda.gov.

4.0 CONTRACT ADMINISTRATION

4.1 DELIVERY ORDERS

Delivery orders will be issued against this contract on a firm fixed price basis at the quoted price.

Orders may be placed by a warranted contracting officer via mail, orally, or through email.

4.2 INVOICING INFORMATION

The contractor shall submit weekly invoices and supporting documentation to the COR and submitted via www.ipp.gov. The COR must obtain approval for payment for all invoices by the NVS Logistics Chief. All invoices must be submitted in the FY that the services were provided.

A proper invoice must include:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

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

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Name, title, and phone number of person to notify in event of defective invoice; and

(vii) Taxpayer Identification Number (TIN).

The Government reserves the right to reject an invoice that does not include the information above.

4.4 POINTS OF CONTACT

For questions regarding general contract administration, please contact Patricia Simon, Contract Specialist, at

612‐336‐3460 or patricia.m.simon@aphis.usda.gov.

Technical Point of Contact information will be provided at the time of award.

4.5 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer (CO) has designated a Contracting Officer’s Representative (COR). Specific COR’s for each delivery order will be identified when the delivery order is awarded.

The COR is responsible for monitoring the performance of work under this contract and is the local Government contact. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract be effective or binding upon the Government unless advance authorization is received from the Contracting Officer, and proper contractual documents executed by the Contracting Officer prior to performing the work.

The COR shall inform the contracting Officer as soon as possible of any understandings, tentative agreements, recommended modifications, and actions or inactions of the Contractor or the Government which could affect the Contractor’s ability to comply with the contract performance requirements or completion times.

Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor shall so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately.

PROCEEDING WITH WORK WITHOUT PROPER CONTRACTUAL COVERAGE AND APPROVAL OF THE CO COULD

RESULT IN A BREACH OF CONTRACT AND NONPAYMENT.

The designation (delegation of authority) is provided in writing to the COR and is available to the Contractor.

The delegation of authority clearly explains the CORs roles and responsibilities on the contract and limitations of authority.

The following contacts are the only persons authorized to interact with the contractor on this contract:

1. Contracting Specialist – For contract related issues:

Patricia Simon, Contracting Specialist – (612) 336‐3460 patricia.m.simon@aphis.usda.gov

2. Contracting Officers Representative (COR) – For requirement related issues:

Melody Allison – (816) 926‐5163 Melody.allison@aphis.usda.gov

5.0 Clauses

5.1 Incorporated by Reference

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

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

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/vffara.htm

5.2 Incorporated by Full Text

52.212‐5 ‐‐ Contract Terms and Conditions Required to Implement Statutes or Executive Orders ‐‐ Commercial Items. (May 2015)

(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) 52.233‐3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233‐4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108‐77, 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:

[Contracting Officer check as appropriate.]

_X__ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

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

_X__ (4) 52.204‐10, Reporting Executive compensation and First‐Tier Subcontract Awards (Jul 2013) (Pub. L. 109‐282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204‐14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111‐117, section 743 of Div. C).

___ (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (Jan 2014) (Pub. L. 111‐117, section 743 of Div. C).

__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).

___ (10) [Reserved]

___ (11) (i) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219‐3.

_X__ (12) (i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219‐4.

___ (13) [Reserved]

___ (14) (i) 52.219‐6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219‐7, Notice of Partial Small Business Set‐Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219‐7.

___ (iii) Alternate II (Mar 2004) of 52.219‐7.

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

_X__ (17) (i) 52.219‐9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219‐9.

___ (iii) Alternate II (Oct 2001) of 52.219‐9.

___ (iv) Alternate III (Oct 2014) of 52.219‐9.

___ (18) 52.219‐13, Notice of Set‐Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

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

_X__ (20) 52.219‐16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (Nov 2011) (15 U.S.C. 657f).

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

632(a)(2)).

___ (23) 52.219‐29, Notice of Set‐Aside for Economically Disadvantaged Women‐Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219‐30, Notice of Set‐Aside for Women‐Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_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 (Apr 2015).

__X_ (28) 52.222‐26, Equal Opportunity (Apr 2015) (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__ (33) (i) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

___ (ii) Alternate I (Mar 2015) of 52.222‐50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222‐54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

___ (36) (i) 52.223‐13, Acquisition of EPEAT® ‐Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223‐13.

___ (37) (i) 52.223‐14, Acquisition of EPEAT® ‐Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223‐14.

___ (38) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223‐16, Acquisition of EPEAT® ‐Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223‐16.

_X__ (40) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (41) 52.225‐1, Buy American‐‐Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225‐3, Buy American‐‐Free Trade Agreements‐‐Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐42, and 112‐43).

___ (ii) Alternate I (May 2014) of 52.225‐3.

___ (iii) Alternate II (May 2014) of 52.225‐3.

___ (iv) Alternate III (May 2014) of 52.225‐3.

_X__ (43) 52.225‐5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (44) 52.225‐13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 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).

___ (46) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232‐30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

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

___ (51) 52.232‐34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

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

___ (54) (i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247‐64.

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

[Contracting Officer check as appropriate.]

___ (1) 52.222‐17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222‐41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222‐42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222‐43, Fair Labor Standards Act and Service Contract Labor Standards ‐‐ Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222‐44, Fair Labor Standards Act and Service Contract Labor Standards ‐‐ Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 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).

___ (7) 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).

___ (8) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

___ (9) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (10) 52.237‐11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

(e)

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

(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 (1) of FAR clause 52.222‐17.

(iv) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222‐26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222‐35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

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

(ix) 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.

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

(xi) ____ (A) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 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.)

(xiii) 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)

(xiv) 52.222‐54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(xvi) 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).

(xvii) 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.

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

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

(End of Clause)

52.216‐18 Ordering (Oct 1995).

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

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods (i.e., email) only if authorized in the Schedule.

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 $5,000, 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 in excess of $100,000; or

(2) Any order for a combination of items in excess of $100,000; or

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

(c) Notwithstanding the order maximum of $100,000 (paragraph (b)(2) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b)(1), unless that order (or orders) is returned to the ordering office within 10 business days after issuance, with written notice stating the Contractor’s inability to perform and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from other sources.

52.216‐22 ‐‐ Indefinite Quantity. (Oct 1995)

(a) This is an indefinite‐quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 5 years from the date the contract is awarded.

452.216‐73 Minimum and Maximum Contract Amounts. (FEB 1988)

During the period specified in FAR clause 52.216‐18, ORDERING, the Government shall place orders totaling a minimum of $5,000, but not in excess of $1,000,000.

AGAR 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR

CORPORATE APPLICANTS

(a) This award is subject to the provisions contained in sections 738 and 739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112‐55, Division A, as amended and/or subsequently enacted, 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, as amended and/or subsequently enacted.

6.0 Provisions

6.1 Provisions Incorporated by Reference

52.212‐1 Instructions to Offerors – Commercial Items (July 2013)

52.252‐1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

6.2 Provisions Incorporated by Full Text

52.212‐3 ‐‐ Offeror Representations and Certifications ‐‐ Commercial Items. (Dec 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site 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.

“Highest‐level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000‐9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil‐related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110‐174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan

Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

Act (50 U.S.C. 1702(b)(3)).

“Service‐disabled veteran‐owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service‐disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service‐ disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service‐disabled veterans or, in the case of a service‐disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service‐disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service‐ connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that‐‐

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by‐‐

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran‐owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women‐owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women‐owned small business concern” means a small business concern ‐‐

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women‐owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” 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.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at

FAR 52.212‐3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the

United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran‐owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran‐owned small business concern.

(3) Service‐disabled veteran‐owned small business concern. [Complete only if the offeror represented itself as a veteran‐owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service‐disabled veteran‐owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women‐owned small…