AG-6395-S-16-0042_.pdf

NOTES TO QUOTERS:

1. This solicitation is for a firm‐fixed‐price contract. Quoted price shall include all costs necessary to supply all items, including delivery, FOB destination.

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 5 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 and that you have completed all FAR representations and certifications.

4. ALL WORK PERTAINING TO THIS REQUEST SHALL BE DONE IN ACCORDANCE WITH THE

ATTACHED 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. To be considered for award, interested vendors shall submit:

a. Completed Pricing schedule (price must include all costs necessary to perform according to the SOW).

b. Statement of capability outlining experience and capability of supplying the units as described in the SOW along with proposed literature on the pumps, spumifers, (to show they meet the requirements) and a list of included tools and whether vendor can meet delivery terms as specified in the SOW (150 days). The Contractor must demonstrate (in the capability statement and through references) they have successfully manufactured and sold operational foam depopulation units. Vendor must also submit a drawing that illustrates the fully constructed trailer.

c. Three references (name, phone number and e‐mail, a description of the work performed, and the date of performance). The past performance must be work related to the type of work in the SOW and at least one of the references must support the experience requirement in b above.

d. DUNS number, confirmation of SAM registration, and completed AGAR 452.209 – 70 provision.

8. This solicitation is issued as a 100% small business set‐aside.

PRICING SCHEDULE

Item Description Unit TOTAL PRICE

001 Six Portable Foam Depopulation Units 1 Lump Sum $_________________ with supplies, items, and training delivered according to the

Statement of Work

Vendor Name:____________________________________

DUNS:_________________________________________

STATEMENT OF WORK

1.0 TITLE OF CONTRACT

Portable Foam Depopulation Units

1.1 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, antivirals, 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, industries (as part of the incident command system), and NVS commercial partners will use the products and related equipment to respond to large‐scale outbreaks.

The NVS utilizes its commercial partners to store its inventory in multiple locations and in sufficient volume to ensure its ability to respond to multiple, large‐scale, simultaneous animal disease outbreaks.

1.2 SCOPE

The NVS seeks to purchase a Portable Foam Depopulation Unit and the consumable supplies related thereto. The need is for total of (6) Portable Foam Depopulation units, for the depopulation of poultry.

The contractor must also provide one‐time comprehensive on‐site training in the use of the unit for the site as well as repair provisions. Any recommended enhancements or additions to the specified scope will be considered.

1.3 TYPE OF CONTRACT

A Firm‐Fixed Price (FFP) commercial supply contract for the purchase and delivery of 6 fully supplied Foam Depopulation Units with additional items and training. Pricing shall include all costs necessary to provide all items and services according to this SOW. All supplies are to be delivered FOB destination.

1.4 GENERAL EQUIPMENT SPECIFICATIONS

The depopulation Units shall be designed in accordance with guidelines from the North Carolina Department of Agriculture and Consumer Services, Emergency Programs Division as outlined below.

Unit should allow for alternative applications for the basic components with new technologies that may be developed such gas injection.

Any recommended product enhancements or additions to these specifications shall be provided for consideration. The following items and specifications shall be included in each kitting unit:

Trailer:

Heavy Duty tandem axle unit 6’ x 12’ with sides made of expanded metal and the floor will be a strong metal floor with punch set holes to allow draining and decontamination.

The length of the trailer can vary as long as the system is usable and all components are accessible. An expanded steel mesh floor with plates is acceptable if it meets the same performance requirements as it would if the above materials were used. The trailer must have one axle of brakes along with a break away device for safety. All will be welded assembly and a ramp style gate at the rear with easy access to the unit. An assisted lift device must be added for opening and closing the gate. Lights and all DOT safety needs must be met. There will be a ball mount hitch (2 5/16” inch) on the front with a comparable jack for dismounting and storage. An extra tool box added on the front tongue for accessories. There will be tape style reflective on all areas for safety. All items will be mounted to the trailer for quick set up and use of the equipment. The equipment will be place strategically for best weight distribution and use. Tires will be sized suitable for the equipment to be hauled. 15” Tires are recommended.

Fire Pump:

Diesel powered, electric start, self‐priming, pump capable of reliably providing a minimum of 200 gpm at 130 psi to 4 60 gpm hand held spumifers operating simultaneously, with a 4” NST inlet and at least one‐3” NST valved discharge port equipped with a suitable control valve. Unit shall include pump control panel, fuel tank, hoses, disconnect fittings, shutoff valve, 12‐volt battery, battery box, laminated instructions, hardware, and all manuals.

Tanks:

Two – 3,000 gallon self‐supporting frameless tanks with 2 ½” NST bulkhead fitting suitable for strainer on the inside and hose connection on the outside, such as Rol‐La‐ Tank Model RLT‐3,000 or equal. The tank must hold 3,000 gallons of water, be constructed of industrial strength vinyl utilizing single piece aluminum stations for support. The filled dimensions should be no larger than 15' 6” X 15'6”X36".

On the six units supplied with Foam Proportioners provide a minimum of 35‐gallon vented, plastic leg tank for foam concentrate with suitable quick‐connect, no leak fittings and hoses to connect to the proportioner.

Hose and Fittings:

Discharge ‐ 12‐50 ft lengths of rubber covered 1 ¾” hose with 1 ½ ” NST fittings, and 3 sections of 50’ x 3” x 2 ½” Nitrile rubber hose rated at 300 psi or better.

Suction ‐ Three‐10 ft and two‐5 ft lengths of flexible 4” rubber or PVC light weight, spiral wound, hose with fittings (male on one end to female on the other) to match the pump and tank fittings, such as Maxi‐Flex or approved equivalent.

Strainers ‐ 2 low clearance flat surface strainer to protect the pump when drafting from a pond or pool.

Fittings – Gated wye 2 ½” x 1 ½” x 1 ½” x 1 ½” or equal with ¼ turns.

Strainer for flow (clean out) There will be a 4” x 4” x 4” Siamese for connecting multiple tanks and have a control lever or a spring loaded clapper control on it for using the tanks in a separate mode.

Nozzles:

4 Spumifer 60 GPM AG‐1

1 1 ½” Forestry type fog nozzle The nozzles to be supplied will be AG‐1 or an exact replacement. Four new 60 GPM rated models are included. One inexpensive nozzle for clean‐up must also be provided and will attach to the present hoses.

Hose Washer:

There must be a hose washer 3” size included to be attached to a 1 ½” hose connection or to a hydrant with a 2 ½” Female NST x 1½” M NST adapter that is included. This style hose washer must have the capability of being disassembled to be cleaned without special tools or knowledge.

There is also a hose recoiler to roll hoses when completed. It will attach to the trailer.

Hose Roller:

There is also a hose recoiler to roll hoses when completed, unit must attach to the rear of the trailer.

1.5 Other Supplies and Services for each unit

Packing:

Two packages of replacement pump packing as required or replacement mechanical seals if applicable.

Tools:

All tools and hardware necessary for assembly and handling shall be provided with each unit. There shall be a sufficient number of tools supplied to allow for multiple workers to assemble and/or utilize the units; 2 sets at a minimum:

Provide a universal set of end wrenches, some sockets, and other small tools for on‐site repairs. Two aluminum pipe wrenches, a 12” and an 18” size.

Hose Wrenches – One set of two each hose universal spanner wrenches with latching flat surface mount and one set of Set of hydrant/spanners (2) and hydrant wrench with bracket.

Drum Wrench – Two each plastic drum wrenches suitable for opening foam containers of all sizes.

Foam:

Each unit must have 24 5‐gallon plastic containers of Class A foam concentrate, such as

Phos‐Chek WD‐881, or an equivalent. If a specific foam is required or recommended for the unit, the foam specifications along with MSDS sheet shall be included.

Foam Proportioner:

For each of the Foam Depopulation Unit, supply an automatic foam proportioning system suitable to supply all foam nozzles at minimum full pressure and flow volume at percentages from 0.1 to 3.0 percent. Provide protective frame around proportioner unit, support for piping connected to water pump, and protective case for sensitive mechanical and electronic parts when not in use. Include all necessary hardware, hoses, and electrical connections required for immediate operation. Provide all operations and maintenance manuals and spare fuses. Units shall be delivered pre‐calibrated for the pumps with which they are shipped.

Training and Assembly:

The contractor shall provide training ‐ on assembly, testing, operation, and storage of the unit. Training shall also consist of functional concerns such as cleaning, maintenance, securing gel cell battery, and removal of fuel for transport and long‐term storage. Delivery shall be considered complete when the units have been tested, operational, and disassembled with all components placed in the proper storage locations on the trailer. Contractor shall provide sufficient training, training media, testing foam and supplies at specified delivery locations for up to 8 personnel.

Repairs or Service:

Parts shall be guaranteed through training period and replaced at no cost to the Government.

Documentation:

In addition to manuals from original equipment manufacturers (OEMs), training, assembly/disassembly, operation, maintenance, storage, and transport documentation shall be provided to each site.

1.6 TRAINING SUPPORT

Provide a video/CD/DVD that describes the safe operation, maintenance, assembly, dis‐assembly, cleaning, storage, and transportation of the Foam unit. The NVS intend to post the CD/DVD on its website for viewing by its Stakeholders.

1.7 TECHNICAL MANUAL/OPERATORS GUIDE

Provide a copy of all technical manuals/documentation regarding inspection, scheduled maintenance, assembly, disassembly, operation, transportation, storage, and cleaning.

1.8 WARRANTY

Provide one year replacement at no cost to the Government for parts and units. (Replacement parts will be provided by the vendor at no charge. If associated labor is required by the Government, it will be requested and accomplished under a separate contract.)

1.9 Repair Parts and Special Tools (RPSTL)

Identify and provide any special support equipment / Special Test Equipment (SE / STE).

Provide contingency operations repair parts list designed to support field level (on‐site) maintenance during a deployment.

Provide updates to the list with engineering changes and safety issues as applicable. The range and quantity of spare parts contained within this list shall be based on historical demands and customer specific knowledge of individual system.

Provide and conduct periodic reviews of this list to ensure the correct “mix” of spare parts is available to support the system and/or deployment scenario.

Delivery of spare parts and special tools will be at time of receipt of the units.

1.10 SUBMITTING INVOICES FOR PAYMENT

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 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 supplies and services provided. 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.

1.11 DELIVERY

Contractor is responsible for delivery and set‐up of the units, to include any hardware/components or special equipment; if applicable, at delivery location. Delivery of all items must be made within 150 days of contract award. Delivery shall be coordinated with POC Dana Vrooman.

Delivery address:

Logistics Management Specialist USDA APHIS SPRS Logistics Center 3500 E 149th St Suite 300 Kansas City, MO 64147 POC: Dana Vrooman

O: (816) 410‐6408 C: (301) 789‐3158 dana.l.vrooman@aphis.usda.gov

1.12 Government Contacts: (please do not contact the Government contacts for solicitation questions please direct them to the Contracting Officer )

Contracting Officers Technical Representative (COTR):

Dana Vrooman Logistics Management Specialist USDA APHIS SPRS Logistics Center 3500 E 149th St Suite 300 Kansas City, MO 64147 O: (816) 410‐6408 C: (301) 789‐3158 dana.l.vrooman@aphis.usda.gov

Point of Contact for Invoicing:

USDA APHIS VS SPRS

2150 Centre Ave Building B MS3E13 Attn: Ruby Cates Fort Collins, CO 80526 970‐494‐7368 ruby.o.cates@aphis.usda.gov

2.0 CLAUSES

CLAUSES BY REFERENCE

52.204‐18 Commercial and Government Entity Code Maintenance (Jul 2015)

52.212‐4 ‐‐ Contract Terms and Conditions ‐‐ Commercial Items (May 2015)

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

52.247‐34 F.o.b. Destination (Nov 1991)

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://www.arnet.gov/far

CLAUSES BY FULL TEXT

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

(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 (Oct 2015) (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 (Oct 2015) (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 (Oct 2015) (31 U.S.C. 6101 note).

___ (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.

___ (12) (i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (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]

_X__ (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)).

___ (17) (i) 52.219‐9, Small Business Subcontracting Plan (Oct 2015) (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 2015) of 52.219‐9.

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

_X__ (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) 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 (Oct 2015) (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 (Oct 2015) (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 (Oct 2015). (E. O. 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 (Oct 2015) 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 (Oct 2015) (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).

_X__ (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).

_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 2015) (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 (Oct 2015) (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 $700,000 ($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 (Oct 2015) (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 (Oct 2015) (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) __X__ (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 (Oct 2015) (E. O. 12989).

(xv) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2015) (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)

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, USDA, 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.

(End of Clause)

3.0 PROVISIONS

INCLUDED BY REFERENCE

52.212‐1 ‐‐ Instructions to Offerors ‐‐ Commercial Items. (Oct 2015)

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/

(End of Provision)

INCLUDED BY FULL TEXT

52.211‐6 ‐‐ Brand Name or Equal (Aug 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

52.212‐3 ‐‐ Offeror Representations and Certifications ‐‐ Commercial Items (Nov 2015)

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 product and service codes (PSCs) 1000‐ 9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 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 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 women‐owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women‐owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility;

and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women‐owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women‐owned business concern (other than small business concern). [Complete only if the offeror is a women‐owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women‐owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first‐tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone 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‐‐

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 ‐‐

(1) Previous contracts and compliance. The offeror represents that ‐‐

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this…