Package.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

424910

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

08/14/2015 1700 ET

08/10/2015

919-855-7003LATISHA HOLLMAN

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-6395-S-15-0160

5. SOLICITATION NUMBER

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

1 32 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

MINNEAPOLIS MN 55403

TELEPHONE NO.

17a. CONTRACTOR/

Pocatello ID 83201 238 E. Dillon Street USDA Pocatello Supply Depot

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 This is a solicitation for The Pocatello Supply Depot. The Pocatello Supply Depot will enter into a Blanket Purchase Agreement (BPA) for seven

(7) to ten (10) day delivery of Borax granular, Sodium Nitrate Prills, and Fullers Earth powder (aka calcium bentonite) to the Pocatello Supply Depot located in Pocatello, Idaho in the United States.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

LATISHA A. HOLLMAN

. 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.

Vendor:

DUNS#

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

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.

Period of Performance: 10/01/2015 to 09/30/2016

THE U.S DEPARTMENT OF AGRICULTURE IS A TAX EXEMPT

AGENCY. (EXEMPT FROM STATE AND FEDERAL SALES TAX)

TAX ID NUMBER: 41-0696271. TAX EXEMPT # 4700

Clause 52.212-4 applies to this purchase and is in corporated by reference.

Clause 52.212-5 Contract Terms and Conditions

Required to Implement Statutes or Executive

Orders -- Commercial Items (March 2015)

IF ADDITIONAL INFORMATION IS REQUIRED FOR THIS

ORDER, PLEASE CONTACT LATISHA HOLLMAN 919-855-7003

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32 2 of

1.0 PRICING

The Government intends to establish a fixed price BPA over five years. Please complete the following price schedule for each year of the agreement.

ITEM NO. ESTIMATED UNIT UNIT TOTAL

QTY PRICE PRICE

YEAR 1 (10/01/15– 09/30/16)

YEAR 2 (10/01/16 – 09/30/17)

YEAR 3 (10/01/17 – 09/30/18)

Item CAS# Volume Frequency Final Volume

Cost

Fullers Earth powder (aka calcium bentonite)

3,000 lbs 3/YEAR 9,000 lbs

Borax 10 mol, granular(sodium tetraborate decahycrate)

4000 lbs 2/YEAR 8000 lbs

Sodium Nitrate Prills 21,000 lbs 2/YEAR 42000 lbs

Shipping Cost

Total

Volume

Cost

Fullers Earth powder (aka calcium bentonite)

3,000 lbs 3/YEAR 9,000 lbs

Borax 10 mol, granular(sodium tetraborate decahycrate)

4000 lbs 2/YEAR 8000 lbs

Volume

Cost

Fullers Earth powder (aka calcium bentonite)

3,000 lbs 3/YEAR 9,000 lbs

Borax 10 mol, granular(sodium tetraborate decahycrate)

4000 lbs 2/YEAR 8000 lbs

AG-6395-S-15-0160 Page 3

YEAR 4 (10/01/18 – 09/30/19)

YEAR 5 (10/01/19 – 09/30/20)

Volume

Cost

Fullers Earth powder (aka calcium bentonite)

3,000 lbs 3/YEAR 9,000 lbs

Borax 10 mol, granular(sodium tetraborate decahycrate)

4000 lbs 2/YEAR 8000 lbs

Volume

Cost

Fullers Earth powder (aka calcium bentonite)

3,000 lbs 3/YEAR 9,000 lbs

Borax 10 mol, granular(sodium tetraborate decahycrate)

4000 lbs 2/YEAR 8000 lbs

AG-6395-S-15-0160 Page 4

2.0 DETAILS OF SOLICITATION

2.1 DESCRIPTION OF AGREEMENT: This is a solicitation to establish one or more Blanket Purchase Agreements (BPAs). Pursuant to Federal Acquisition Regulation (FAR) 13.303, Blanket Purchase Agreements, the Contractor agrees to the following terms of a BPA EXCLUSIVELY WITH UNITED STATES DEPARTMENT OF AGRICULTURE (USDA), ANIMAL PLANT HEALTH INSPECTION SERVICE (APHIS). The contractor shall provide Borax granular, Sodium Nitrate Prills, and Fullers Earth powder (aka calcium bentonite) in accordance with the specifications outlined in Section 2.0 when requested by the Contracting Officer or the authorized representative of the Contracting Officer.

2.2 TERM OF AGREEMENT: USDA anticipates one or more five (5) year Blanket Purchase Agreement(s) (BPA). The effective period of this BPA is date of award through five years.

2.3 EXTENT OF OBLIGATION: The Government is obligated only to the extent of authorized call orders actually placed against this BPA.

1.3.1 Review for compliance to new statute or directive shall be completed, at least annually, before the anniversary of the BPA’s effective date. Any revisions to the BPA, as a result of this review, shall be accomplished by a bi-lateral modification.

1.3.2 This agreement may be unilaterally terminated at any time by either party with a thirty (30) day notification and may be rewritten or revised at the option of the Contracting Officer.

1.3.3 Purchases after the specified period or exceeding the aggregate total dollar limitation shall not be authorized, nor considered an obligation.

2.4 PRICING: The prices to the Government for all supplies under this BPA shall be as low as, or lower, than those charged the supplier’s most favored customer for comparable supplies under similar terms and conditions.

Prices for items listed on the Price Schedule (Section 3.0) shall be fixed for the term of this agreement. These identified prices will be applied when a call order is anticipated.

Contractors will be given fair opportunity for individual call orders and will be awarded to the lowest priced offeror that can offer the most favorable delivery schedule.

2.5 PURCHASE LIMITATION: Call orders placed by individuals authorized under this BPA shall not exceed the dollar limitation listed on the Individuals Authorized to Place Calls, and under no circumstances.

2.6 LIMITATIONS OF INDIVIDUALS AUTHORIZED TO PLACE CALL ORDERS AND DOLLAR

AMOUNT: Any USDA authorized purchase card holder is allowed to place calls under this agreement up to their authorized purchase limit. Copies of each call must be submitted in writing to the Contracting Specialist, Latisha.A.Hollman@aphis.usda.gov.

2.6.1 Orders under the BPA will be issued as a Firm Fixed Price, although the quantity of items required may vary.

2.7 RECEIPT AND ACCEPTANCE OF PURCHASES: Receipt of purchases shall be indicated by signature and date on the appropriate form by the authorized Government representative. This shall be subject to acceptance by the assigned inspector or customer when compared to the documentation of the original call. A sales slip, delivery ticket, and/or SF Form 1449 may be used for receipt and acceptance.

2.8 INVOICES: The Contractor shall submit an original invoice for each order (or an electronic invoice copy, if authorized) via www.ipp.gov. USDA uses the Invoice Processing Platform (IPP) for electronic submission and tracking of purchase orders, invoices, and payment information to its suppliers of goods and services: Enroll

AG-6395-S-15-0160 Page 5 http://www.ipp.gov/ at https://ipp.gov. The IPP is a government-wide secure web-based invoice processing service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service

(FMS).

Upon contract award, you will receive a notification of your one-time enrollment requirement in an automatic invoice payment notification system available through IPP. This one-time enrollment in IPP means that you will receive a series of e-mails from Treasury services.

Contractors must submit invoices and attach all supporting documentation as required within 5 business days of completion of services provided. Examples of Supporting documentation includes, maintenance inspection checklist, timecard for labor, travel receipts, packing slips etc.. The COTR will review the supporting documents before approving invoices in IPP, if supporting documentation is not provided the invoice will be rejected. IPP will issue a notification to contractor that they must submit supporting documentation and resubmit the invoice.

If the contractor cannot process the invoice in IPP, Please contact the Invoicing for assistance

Point of Contact for Invoicing:

Kevin Williams Program Specialist USDA/APHIS/Wildlife Services Operational Support Staff (OSS) 4700 River Road, Unit 87 Riverdale, MD 20737 Phone: (301) 851-4013 Fax: (301) 734-5157

A proper invoice must include—

(1) Name and address of the Contractor;

(2) Invoice date;

(3) BPA number, contract line item number and, if applicable, the order number;

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

(5) Terms of any prompt payment discount offered;

(6) Name and address of official to whom payment is to be sent; and

(7) Name, title, and phone number of person to be notified in event of defective invoice. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. Contractors are encouraged to assign an identification number to each invoice. The invoice will be verified by the customer and the customer will make payment using the IPP platform or by government purchase card.

2.9 DELIVERY: All items will be FOB Destination. Delivery costs will vary by call order based on the number of chemicals ordered.

2.10 POINT OF CONTACTS (POCs): When BPA call orders are issued; the contractor will submit invoices to the following POCs along with submission to www.ipp.gov:

a. Contracting Officer’s Representative (COR): Kevin Williams at (301) 851-4013 or Kevin.E.Williams@aphis.usda.gov.

b. Contracting Specialist for BPA related issues: Latisha Hollman, USDA, APHIS, MRPBS, AAMD, 920 Main Campus Drive, Suite 200, Raleigh, NC 27606. Email: latisha.a.hollman@aphis.usda.gov. Telephone:

919-855-7003.

AG-6395-S-15-0160 Page 6 https://ipp.gov/ mailto:Kevin.E.Williams@aphis.usda.gov

3.0 STATEMENT OF WORK

3.1 Background:

The Pocatello Supply Depot will enter into a Blanket Purchase Agreement (BPA) for seven (7) to ten (10) day delivery of Borax granular, Sodium Nitrate Prills, and Fullers Earth powder (aka calcium bentonite) to the Pocatello Supply Depot located in Pocatello, Idaho in the United States. A BPA issued pursuant to this Statement of Work (SOW) will provide the Pocatello Supply Depot personnel with a source for use as the mandatory first option for satisfying the majority of the Pocatello Supply Depot’s supply requirements. For the purpose of this BPA, “EPP” or “Environmentally Preferable Products” is defined in Executive Order 13101 as "...products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose…”. See Attachment 2 for the EPA EPP criteria for products purchased under this system.

The Pocatello Supply Depot manufactures several bait products used to control nuisance pests. Borax granular, Sodium Nitrate Prills, and Fullers Earth powder (aka calcium bentonite) are essential components used in the composition of baits that are used to control the nuisance rodents. Borax granular, Sodium Nitrate Prills, and Fullers Earth powder (aka calcium bentonite) are part of the administering system that’s applied when delivering the rodent control bait to the target site. If Pocatello Supply Depot runs out of stock of these chemicals they will be unable to fulfill their orders for baits to control nuisance rodent population.

3.2 Supply Request Summary:

We would like the option of procuring Borax granular, Sodium Nitrate Prills, and Fullers Earth powder (aka calcium bentonite) as it will be needed to support the Pocatello Supply Depot in fulfillment of orders for their proprietary baits products.

A Blanket Purchase Agreement must be establish to accommodate the randomness of these orders. Therefore, orders for Borax granular, Sodium Nitrate Prills, and Fullers Earth powder (aka calcium bentonite) must be placed on an “as needed bases”. Orders for these chemicals should be delivered to the Pocatello Supply Depot within seven (7) to ten (10) business days after the order has been placed. These chemicals are a major component of the baits. If Pocatello Supply Depot runs out of stock of these chemicals they will be unable to fulfill their orders for baits to control nuisance rodent populations.

Orders for Borax granular, Sodium Nitrate Prills, and Fullers Earth powder (aka calcium bentonite) should be delivered to the Pocatello Supply Depot within seven (7) to ten (10) days after the order has been placed. All orders must be on an “as needed bases”. The contractor shall ship partial order if unable to fill entire order.

3.3 Delivery

Item Delivery Frequency Volume Fullers Earth powder (aka calcium bentonite)

March September December

3000 lbs

Borax 10 mol, granular(sodium tetra borate decahycrate)

March September 4000 lbs

Sodium Nitrate Prills March September 21000 lbs

Total Volume 28,000lbs

The contractor shall deliver the subject chemicals reflecting the frequency and volume stated above.

Delivered to:

USDA Pocatello Supply Depot 238 E. Dillon Street Pocatello ID 83201

AG-6395-S-15-0160 Page 7

3.4 Special Requirements:

The vendor hereafter referred to as “the contractor”. The contractor shall fully comply with all specifications, clauses and terms and conditions in BPA.

1. The contractor shall fill all orders placed before 2:00 p.m. within seven (7) to ten (10) business days. The contractor shall also provide the option of next day delivery. The contractor shall acknowledge all orders via facsimile, telephone, or electronically. If an item is not available for delivery, the contractor shall notify the Pocatello Supply Depot cardholder prior to delivery of the other items, and give the user the option to cancel the order or place the item on back order.

2. The contractor shall ensure that all costs for performing under this BPA, including desktop delivery, payment by purchase card, reporting, and any other deliverables or requirements set forth in this BPA, are included in the prices for the supplies ordered. Shipping and handling costs are to be included in the prices for supplies. Unless specifically authorized in the BPA, the Pocatello Supply Depot will not be responsible for paying for any costs or prices other than those for the supplies ordered, received and accepted by the Pocatello Supply Depot. The contractor shall not bill the Pocatello Supply Depot for any items on back order until such items are shipped.

3. The contractor shall retain the order history of all cardholders as a means to assist them with repeat orders of the same products. The online ordering system must offer users the option of viewing their previous purchases, and a shortcut process to place repeat orders for the same items.

4. The contractor shall provide all reports electronically, and/or in paper form, as directed in writing by the

Project Officer(s), in accordance with the schedule identified in Section H, Deliverables.

5. The contractor shall offer cardholders the option of delivery to their established location or another approved address to be specified at the time the order is placed. Personnel employed by the contractor to perform deliveries must be able to obtain access to the required Pocatello Supply Depot facilities.

6. All payments for purchases under this BPA will be made by the Pocatello Supply Depot cardholders using a Government Purchase Card. The contractor shall provide all Pocatello Supply Depot’s cardholders with uniform service, in terms of pricing, catalog, products, product codes and service levels. The contractor shall provide the purchase card vendor with sufficient information to enable third-level billing. For the purposes of this BPA, level three billing includes, at a minimum, specific order information which will allow the purchase card holder to reconcile the purchase card statements with the orders placed. Such information shall include the order reference number, a description of the supplies ordered and the date ordered.

7. The contractor shall package supply orders separately for each order placed by a cardholder, and label packages with specific addresses and room numbers or drop points. The contractor shall ensure printed material provided to the cardholders (labels, packing slips, etc.) are uniform regardless of location.

8. (If Applicable) The contractor shall maintain a toll free customer service and help desk telephone line during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. The hours of operation shall be those of the location of the servicing area of the contractor. The customer service telephone line is not required on the following Federal holidays:

New Year’s Day Birthday of Martin Luther King, Jr. President’s Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

AG-6395-S-15-0160 Page 8

3.5 Blanket Purchase Agreement (BPA) Estimated Amounts and Period of Performance:

1. Estimated BPA Amounts – The Pocatello Supply Depot estimates, but does not guarantee that the volume of purchases through this agreement. The Pocatello Supply Depot is obligated only to the extent of authorized purchases actually made under the BPA issued pursuant to this Statement of Work. The following individuals are authorized to place orders for the Pocatello Supply Depot:

Kevin Williams Program Specialist USDA/APHIS/Wildlife Services Operational Support Staff (OSS) 4700 River Road, Unit 87 Riverdale, MD 20737 Phone: (301) 851-4013 Fax: (301) 734-5157

Christina M. Taylor Budget Analyst USDA/APHIS/Wildlife Services Wildlife Services, Operational Support Staff

(W) 301-851-3992

2. Period of Performance - The anticipated period of performance is stated below. (If Applicable) The period of performance of a BPA issued pursuant to this Statement of Work cannot exceed the period of performance of the contractor’s GSA Federal Supply Schedule. Thus, the BPA will expire upon the expiration of the GSA Federal Supply Schedule against which the BPA is written, or at the expiration of the Period of Performance, whichever comes first.

Base Year 10/01/15 – 09/30/2016 Option Year 1 10/01/16 – 09/30/2017 Option Year 2 10/01/17 – 09/30/2018 Option Year 3 10/01/18 – 09/30/2019 Option Year 4 10/01/19 – 09/30/2020

3.6 Ordering Procedures:

1. All purchases made under this BPA will be made by the use of Government Purchase Cards by authorized cardholders. The preferred method for ordering under this contract shall be electronic. The contractor shall, therefore, establish an electronic ordering procedure for orders placed under this BPA. Such a procedure shall include a secure Internet site, receipt of orders, and other processes such as a direct dial-in connection to the contractor’s system. The contractor shall also provide a means by which cardholders can place orders by facsimile and telephone.

2. The contractor shall provide a pre-printed form to cardholders for their use in preparing facsimile orders.

Cardholders will place telephone orders only in emergency situations. The contractor shall confirm all telephone orders via facsimile/ email; or the Pocatello Supply Depot’s person placing the order will transmit the order by facsimile or email as a confirmation of the telephone order. The contractor shall assign a control number to all facsimile and telephone orders, and confirm all facsimile and telephone orders, by return facsimile to the person placing the order.

3. Authority to Place Orders - All orders placed with the contractor under this BPA must be accompanied by the Pocatello Supply Depot’s purchase card account number. The Pocatello Supply Depot’s will provide the initial database of Purchase Card Holders. The contractor shall maintain a current and accurate listing of the Purchase Card Holders, and provide a copy of the order point database to the Pocatello Supply Depot’s Project Officer, and provide quarterly updates to the database. These cardholders have been granted the authority to place orders and commit Government funds to the maximum dollar authority granted to the

AG-6395-S-15-0160 Page 9

Purchase Card. The contractor shall ensure proper electronic authorization is received for each Purchase Card Order before filling the order.

3.7 Delivery Requirements:

1. The contractor shall deliver all supplies ordered under this BPA to the desktop location specified with the order. All deliveries shall be performed by personnel with the requisite access/clearance for the specified the Pocatello Supply Depot facility.

2. The contractor shall fill all orders placed under this BPA within seven days for standard orders, or the next day, as requested at the time the order is placed. If an item is not available for immediate delivery, the contractor will inform the cardholder and offer to cancel the order, or place the item on backorder status.

3. Delivery of all items under this contract shall be Free On Board (FOB) Destination for standard seven day delivery, and shall be shipped with all transportation costs included in the cost of the item, unless otherwise established at the time the order is placed.

4. Packing Slip - The contractor shall include a delivery ticket or packing slip with each order placed under this BPA and provide it with the order. The contractor shall ensure the delivery ticket or packing slip contains the following information:

• Name of Supplier

• BPA Order Number

• Order Number

• Date of purchase (order) and the name of the cardholder or customer number placing the order

• Itemized list of supplies furnished, including total cost of the order

• Quantity, unit price, and extension of each item

• Date of delivery of shipment

5. The printed name and signature of the Pocatello Supply Depot’s employee receiving the supplies and two copies of the signed Packing Slip shall be given to the person receiving the order and the original retained by the contractor.

3.8 Transaction Review and Disputes:

1. All purchases made under this BPA will be made using the Pocatello Supply Depot Purchase Card.

Therefore, the traditional invoicing requirements do not exist.

2. Cardholders will review all electronic transaction data for accuracy. If there is the need for a credit or debit, the cardholder will notify the Contractor’s Customer Service Department immediately. The cardholder should attempt to resolve all product, delivery or quality discrepancies with the vendor and to obtain a credit when appropriate. The Contractor shall provide the cardholder with a tracking number for each transaction for further reference or follow up.

3. The contractor shall have 30 days or one billing cycle to make the correction. If the cardholder is unable to obtain a credit from the vendor within 30 days or one billing cycle, then the item should be formally disputed within 60 calendar days of the posted date on the account.

3.9 Contract Administration Data:

1. Contracting Officer - The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this BPA, and notwithstanding any clauses contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor

AG-6395-S-15-0160 Page 10 makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the Contract price to cover any increase in cost incurred as a result thereof. The Contracting Officer for individual orders will be noted on the orders.

2. The Contracting Officer responsible for administration of this BPA is :

Latisha Hollman

USDA, APHIS

919-855-7003 Latisha.A.Hollman@aphis.usda.gov

3. The Contract Specialist for administration of this BPA is: Latisha Hollman.

4. The Pocatello Supply Depots Project Officer(s) will represent the Contracting Officer in the administration of technical details within the scope of this BPA. The Project Officer is also responsible for final inspection and acceptance of all reports and such other responsibilities as may be specified in the BPA. The Project Officer is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The Project Officer does not have authority to alter the Contractor’s obligations or to change the BPA specifications, pricing, terms or conditions. If, as a result of technical discussions, it is desirable to modify the BPA requirements or the Statement of Work, changes will be issued in writing and signed by the Contracting Officer.

5. The Project Officer assignment for this BPA may be changed at any time by the Government without prior notice to the Contractor. However, the Contractor will be notified of the change in writing. The Project Officer(s) for this BPA is:

Patrick Darrow Manager USDA Pocatello Supply Depot 238 E. Dillon Street Pocatello ID 83201 Office: 208-236-6920 Fax: 208-236-6922 Patrick.a.darrow@aphis.usda.gov

4.0 EVALUATION & SUBMISSION REQUIREMENTS

4.1 EVALUATION

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. If an alternative delivery schedule is offered, it may be considered. Preference will be given to offers that can meet the terms of the original delivery schedule and offers more favorable pricing. Please quote all or none.

4.2 SUBMISSION REQUIREMENTS

In order to be considered responsive for this solicitation, offerors must submit the following:

1. A signed copy of the SF 1449 Form. Please complete Block 17a including vendor name, address, phone number, Federal Tax ID number, and DUNS number. Then, sign in block 30a.

2. Specification sheet that will certify:

a. All minimum required features outlined in Section 2.0 are met, and

b. All surge timelines can be met or alternative delivery schedules are offered

3. Completed Section 1.0 along with price lists for chemicals

4. A “submitted” or “active” registration at https://www.sam.gov/portal/public/SAM/. Please note that if you had an active CCR registration that transferred to SAM and did not have an ORCA

AG-6395-S-15-0160 Page 11 mailto:Latisha.A.Hollman@aphis.usda.gov mailto:Patrick.a.darrow@aphis.usda.gov https://www.sam.gov/portal/public/SAM/ registration, you must either complete the certifications and representations in SAM.gov or complete the paper version FAR clause 52.212-5.

4.3 SUBMISSION DEADLINE

Proposals are due via email, mail, or fax no later than 5:00 PM EST on August 14, 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 quote.

USDA APHIS MRPBS

Latisha Hollman – Contracting 920 Main Campus Drive Suite 200 Raleigh, NC 27606

(919) 855-7003 (phone)

(919) 855-7030 (fax) Latisha.A.Hollman@aphis.usda.gov

5.0 CONTRACT CLAUSES

5.1 Incorporated by Reference

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

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

5.2 Full Text

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (May 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (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).

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___ (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

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

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

___ (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 (May 2014) (15 U.S.C. 637(d)(2) and (3)).

_X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).

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

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

___ (iv) Alternate III (July 2010) 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)).

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

___ (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (23) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

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

632(a)(2)).

___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (27) 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_ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

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

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

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

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

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

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

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

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

___ (37) (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.)

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

___ (39) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

___ (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.

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

___ (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. 2303 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)).

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_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.]

_X_ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labot Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 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).

___ (5) 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).

___ (6) 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).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (9) 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.

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

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

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

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40.

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

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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(x) 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.)

(xi) 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)

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

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

10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

AGAR 452.209 – 71 Assurance Regarding Felony Conviction or Tax Delinquency 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 CONTRACT PROVISIONS

6.1 Provisions Incorporated by Reference

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

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

6.2 Provisions Incorporated by Full Text

52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (May 2014)

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

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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“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…