BPA_Solicitation_02102016.pdf

AG‐6395‐S‐16‐0057 FGIS Inspection Services NE WI IL

Notes to Quoters:

1. This solicitation is for one or more Blanket Purchase Agreements (BPA’S). If more than one agreement is awarded, the decision to use a particular BPA will be made based on location, price, and service need.

2. ANY QUESTIONS PERTAINING TO THIS Request for Agreements (RFA) SHALL BE DIRECTED TO PATRICIA

SIMON, BY EMAIL TO patricia.m.simon@APHIS.USDA.gov no later than 4 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 BPA AND THE DEPT OF LABOR WAGE DETERMINATIONS APPLICABLE TO EACH WORK SITE. Wage rates for each site can be found at http://www.wdol.gov/sca.aspx, and will be included in the contract.

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

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

7. Interested vendors shall submit the completed pricing schedule, statement of capability (including key personnel‐ see clause 452.237‐74 KEY PERSONNEL), three references, and location (See Provision

52.212‐2 at the end of this document for complete information). Price for hourly rates shall include all costs necessary to perform the specified work at the chosen facility location. Contractors must indicate the facility or facilities they wish to have included in the BPA, only the location(s) listed on the pricing schedule will be considered for inclusion in the BPA if awarded. Choice of locations include: Crete, Nebraska; Cambria, Wisconsin; or Champaign‐Danville, Illinois.

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

PRICING SCHEDULE:

Rate shall be a firm fixed hourly rate for inspection services at the location(s) quoted. Pricing shall include all costs associated with providing the service at the location(s) indicated.

SERVICE LOCATION(S)

PRICE SCHEDULE

Item No Description Unit Price

001 Commodity Inspection $______ PER HR

Services –04/01/2016 ‐ 03/31/2017

1. DETAILS OF SOLICITATION

1.1 DESCRIPTION OF AGREEMENT: This is to establish a Blanket Purchase Agreements (BPA). 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) and Grain Inspection, Packers and Stockyards Administration (GIPSA). Contractor shall provide processed commodity inspection and weighing services under the authority of the Agriculture Marketing Act (AMA) in the geographical area serviced by the FGIS Domestic Inspection Operations Office (DIOO). These areas include commodity plants in Crete, Nebraska; Cambria, Wisconsin; and Champaign‐Danville, Illinois. Work shall be done in accordance with the specifications when requested by the Contracting Officer or those individuals authorized to make service calls under the BPA.

1.2 TERM OF AGREEMENT: The effective period of this BPA is one year (April 01, 2016 through March 31, 2017).

1.3 EXTENT OF OBLIGATION: The Government is obligated only to the extent authorized service calls are placed against this BPA. There is no minimum guarantee under this BPA.

1.3.1 Review for compliance to new statutes or directives may be completed before the BPA’s expiration 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 thirty days written notice 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.

1.3.4 Purchases (service calls) made under this BPA will include, by reference, the terms and conditions set out in this BPA.

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

Call orders are estimated overall at 200‐3500 hours of service annually (Crete, Nebraska – Typical calls in a calendar year are between 1,000 ‐ 3,000 hours of services; Cambria, Wisconsin – Typical calls in a calendar year are between 2,000 ‐ 3,500 hours of services; Champaign‐Danville, Illinois – Typical calls in calendar year are between 100 – 300 hours of services). No single service call may exceed $25,000. Estimated hours at each location may vary. The Government is obligated only to the extent authorized service calls are placed against this BPA. There is no minimum guarantee under this BPA. If more than one BPA is awarded, the decision to use a particular BPA will be made based on location, price, and service need.

1.5 PURCHASE LIMITATION: Each Service Call placed by individuals authorized under this BPA shall not exceed $25,000. BPA Ceiling: Combined Service Calls must not exceed $500,000 per BPA per BPA year. There is no minimum guarantee under this BPA.

1.6 LIMITATIONS OF INDIVIDUALS AUTHORIZED TO PLACE SERVICE CALLS AND DOLLAR AMOUNT: Calls under this agreement are only authorized by the following USDA Personnel and USDA Contracting officer. All service calls by the following personnel are limited to $25,000 per person, per call:

Authorized USDA Personnel:

Ron Metz – 816‐659‐8400 Jeff LHeureux – 816‐659‐8415 Claudius Price – 816‐659‐8414 Brian Woods – 816‐659‐8402 Roy Lyon – 316‐204‐3851 Shelley Musser – 816‐659‐8404

Andrew Greenfield – 202‐720‐0277 Denise Ruggles – 816‐659‐8406

1.6.1 Funding: Funding orders will be issued under this BPA from which service calls may be made. Funding Orders only establish that funding is available and the Government is obligated only to the extent authorized service calls are placed in accordance with this BPA against that funding. Funding not used on service calls will be de‐obligated.

Any warranted USDA/APHIS Contracting Officer may issue a funding order within the limitations of their warrant and this BPA.

1.6.2 Service calls under this BPA will be issued based on hourly requirements for a given service location and shall detail the BPA Pricing Schedule item and quantity being ordered.

1.6.3 All service calls made by Authorized USDA Personnel shall be tracked and reported to the Contracting Officers Representative on a regular basis.

1.7 DELIVERY: Upon services rendered under this agreement, the supplier shall provide a delivery ticket or sales slip containing the following minimum information:

(i) Name of contractor/worker.

(ii) BPA number.

(iii) Date(s) of services rendered.

(iv) Purchase number.

(v) Itemized list of services furnished.

(vi) Quantity and unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

(vii) Date of delivery or shipment.

1.8 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 receiver when compared to the documentation of the original call. A sales slip, or delivery ticket (See 1.7), may be used for receipt and acceptance.

1.9 INVOICES:

The USDA, APHIS uses the Invoice Processing Platform (IPP) for electronic submission and tracking of invoices and payment information to its suppliers of goods and services. Invoices shall be submitted electronically to the IPP invoicing system. The contractor may register at https://ipp.gov . An 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.

1.10 POINT OF CONTACTS (POCs):

a. Technical POC for arranging delivery: Andy Greenfield (202) 720‐0277

b. Payment POC for invoicing: Denise Ruggles, USDA, GIPSA, FGIS, National Grain Center, 10383 N.

Ambassador Drive, Kansas City, MO 64153. Phone: 816‐659‐8406

c. Contracting Officer’s Representative: Denise Ruggles, USDA, GIPSA, FGIS, National Grain Center, 10383 N.

Ambassador Drive, Kansas City, MO 64153. Phone: 816‐659‐8406

d. Contracting Officer for BPA related issues: Patricia Simon, USDA, APHIS, MRPBS, ASD, 100 North Sixth

Street, 5th Floor, Minneapolis, MN 55403. Email: Patricia.m.simon@aphis.usda.gov. Telephone: 612‐336‐

1.11 Contracting officer (CO) and Contracting Officer’s Representative (COR):

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions or other stipulations of this contract. Any other commitment, either explicit or implied, is invalid. The CO is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule;

(4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) obligate or deobligate funds into the contract; or (6) otherwise change any terms and conditions of this contract. No information, other than that which may be contained in an authorized modification to this contract duly issued by the Contracting Officer, shall be considered grounds for deviation from any stipulation of this contract.

A COR will be appointed to this BPA and a designation letter will be issued. As delegated by the CO, the COR is responsible for: (1) monitoring the Contractor's technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) assisting the CO in interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

1.12 WORK RESTRICTIONS

The work under this BPA falls under the restrictions of 7 U.S.C. 1627, which authorizes the Secretary of Agriculture to contract with technically qualified persons, firms or organizations to perform research, inspection, classification, technical, or other special services, without regard to the civil‐service laws, provided it is for a temporary basis and for a term not to exceed six months in any fiscal year.

The above temporary limitation applies to each individual providing services under the calls of this BPA.

Individuals shall not provide services beyond six months in any single fiscal year. The six month limitation shall be calculated based on the number of days compensated within any fiscal year. The fiscal year is October 1 through September 30.

2.0 SPECIFICATIONS

Statement of Work To Assist the U.S. Department of Agriculture, Grain Inspection, Packers and Stockyards Administration, Federal Grain Inspection Service

In Providing Commodity Inspection and Weighing Services

2.1 INTRODUCTION

The U.S. Department of Agriculture (USDA), Grain Inspection, Packers and Stockyards Administration (GIPSA), facilitates the marketing of U.S. grain and related agricultural products through the establishment of standards for quality assessments, and regulation of handling practices. GIPSA’s Federal Grain Inspection Service (FGIS) administers the official commodity inspection and weighing program under the authority of the Agricultural Marketing Act of 1946 (AMA), as amended. The AMA authorizes the Secretary of Agriculture to contract with private firms, institutions, and individuals for the purpose of performing specified inspection services. FGIS will use this contracting authority to supplement its workforce by contracting with private companies and individuals to sample, inspect, and weigh commodities when requested by FGIS‐Field Management Division.

2.2 SCOPE OF WORK

Contractor must provide processed commodity inspection and weighing services under the authority of the AMA in the geographical area serviced by the FGIS Domestic Inspection Operations Office (DIOO) and have a base of operations within a 25 mile radius of the commodity plant. The commodity plants are in the following locations: Bunge Milling, 1405 Norman Avenue, Crete, Nebraska; Didion Milling, 501 S Williams St., Cambria, Wisconsin; and Bunge Milling, 321 East North Street, Danville, Illinois.

Work at the plant may include any or all activities in the Processed Commodities Handbook, Weighing Handbook, Condition of Food Container Handbooks, Sanitation Handbook, and applicable Directives.

The commodity inspection services that FGIS may assign to the contractor may include any of the following services:

a. Sampling Service. Drawing a sample from a processed commodity lot using FGIS‐approved methods to obtain representative samples for laboratory analysis to determine quality based upon contract requirements and instructions.

b. Condition of Food Container Inspection. Examining the containers for condition, construction, sealing, and markings using U.S. Standards for Condition of Food Containers. (Reference:

Agricultural Marketing Service, Part 42‐‐Standards for Condition of Food Containers)

c. Checkweighing. Weighing a selected number of containers from a processed commodity lot, determining the estimated total gross, tare, and net weight, or the estimated average gross or net weight per filled container. (Reference: Chapter 4, FGIS Weighing Handbook)

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

e. Checkloading. Performing a stowage examination on a carrier, computing the number of filled containers loaded aboard the carrier, observing the condition of containers loaded aboard the carrier, and sealing the loaded carrier, if practicable. (Reference: Directive FGIS 9180.50)

The number and kind of work activities at each plant may expand or be reduced during the contract period based on requests FGIS‐Field Management Division (FMD) receives from interested parties involved in purchasing and producing product and FGIS‐FMD’s performance assessment of the contractor.

2.3 APPLICABLE DOCUMENTS

Contractor must perform all commodity inspection and weighing related services in accordance with the AMA (7 U.S.C. 71 et seq.), regulations (7 CFR Part 868 subpart A), Handbooks, instructions, methods, policies, and procedures.

Links to applicable material for this work are in parts of the following:

Sanitation Inspection Handbook: http://www.gipsa.usda.gov/fgis/handbook/sanitation_inspec.aspx Weighing Handbook, Chapter 4, Checkweighing:

http://www.gipsa.usda.gov/fgis/handbook/weighing/chapter4/whb‐ch4.pdf Processed Commodities Handbook, Chapters 1, 2, and 3:

http://www.gipsa.usda.gov/fgis/handbook/processcomm/Chapter_1.pdf http://www.gipsa.usda.gov/fgis/handbook/processcomm/Chapter_2.pdf http://www.gipsa.usda.gov/fgis/handbook/processcomm/Chapter_3.pdf United States Standards for Condition of Food Containers:

http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=stelprdc5106236

2.4 RESPONSIBILITIES

a. Contractor must perform all commodity inspection and weighing related services using licensed personnel. Personnel must demonstrate written and practical knowledge and hold active licenses as defined by FGIS‐FMD before they can perform work independently. Licenses may be issued by FGIS‐FMD on or before the first day of work after contractor demonstrates knowledge of the written material and can show they can do the work. FGIS‐FMD is available to offer clarity on written material and work procedure before licensing. Written material is identified in

Applicable Documents, see paragraph 2.3.

b. Contractor must also be able to (i) read, write, and understand English (ii) perform basic mathematical computations (i.e. addition, subtraction, multiplication, and division) and (iii) be able to lift at least 50 pounds.

Contractor must:

1. Not have a conflict of interest (as specified in 7 CFR §868.80). This includes the contractor and any officer, director, stockholder, employee, or other related entity.

(a) Advise FGIS immediately of any proposed change in name, ownership, officers or directors, or control of the contractor and, if a trust, any change affecting the trust agreement.

(b) Not enter into any local work agreements with plants.

(c) Not accept personal compensation (this includes Contractor employees) of any kind from plants or plant personnel.

(d) Contractor personnel working in situations where their contractor status is not obvious to third parties are required to identify themselves as such.

2. Have qualified personnel available that meet the physical condition requirements in the

Sanitation Inspection Handbook.

(a) Provide transportation for personnel to and from point(s) of service, and compensate personnel assigned to perform services under this Statement of Work.

(b) Use only personnel licensed by FGIS‐FMD to perform services.

(c) Train and assist personnel in acquiring and maintaining the necessary skills to perform official service and maintain records of training.

(d) Keep FGIS informed of the personnel status changes and report any requests for work falling outside this SOW to FGIS.

(e) Ensure personnel have readily available, during working hours, a valid FGIS issued license to perform assigned services and that they abide by the plant’s or mill’s safety and sanitation regulations.

3. Provide official services at the time scheduled by FGIS‐FMD or within two hours after receiving non‐scheduled request for personnel from FGIS‐FMD.

4. Follow approved official procedures and use only approved equipment for performing official sampling.

5. Report immediately any apparent violation of the AMA, Part 868 regulations, and instruction to the field office according to FGIS Directive 9070.6, Reporting Violation of the U.S. Grain Standards Act and the Agricultural Marketing Act of 1946, as amended.

6. Submit reports, samples, and other required documents to locations, within the time frame, and in the manner specified by FGIS‐FMD.

(a) Use forms provided by FGIS‐FMD to document work.

(b) Complete and sign required reports and inspection forms.

(c) Keep an accurate record of the time inspections begin and finish.

7. Invoice FGIS‐FMD for services rendered in response to BPA Call orders.

(a) Submit invoices to FGIS‐FMD assigned personnel via email and IPP.GOV. Billing invoices must contain sufficient documentation as determined by FGIS‐FMD to support payment. At a minimum, invoices must include information in Paragraph

1.6.2 above.

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

FGIS will:

1. License personnel determined by FGIS as qualified to perform official sampling and related services. Test potential licensees to determine their skills and abilities.

(Information that will be tested is contained in paragraph 2.3 and this SOW.) Conduct triennial renewals of licensed individuals. Issue licenses, in accordance with 7 CFR Part 868 Regulations as supplemented by FGIS‐issued instructions and maintaining the licensing database.

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

3. Monitor the performance of Contractor in the application of sampling methods and techniques. FGIS‐FMD will take the appropriate action if the work performed on its behalf is unacceptable as determined by FGIS‐FMD.

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

5. Pay contractor for performance rendered in response to a BPA service call order.

Payment will be based on the BPA pricing schedule and actual service rendered.

6. Designate service testing laboratories which the contractor may send commodity samples for chemical, physical, and microbiological analysis or inspections. Provide Contractor the location and time of service requests.

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

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

2.5 PERFORMANCE

The Contractor shall provide the service when calls are placed against the BPA by the individuals authorized to request services during the contract period of performance.

The Government and Official Agencies are obligated only to the extent of authorized purchases made under the BPA.

2.6 BASIS FOR PAYMENT

The hourly rate for inspection services (includes all services listed in Paragraph 2.2 above) will be paid for services rendered at the service location in response to a BPA service call order.

Hourly rates for official inspection services shall include all costs necessary to perform the services covered under paragraph 2.2, including, but not limited to, transportation, training, licensing, overtime and premium pay, maintaining supplies, securing information, per diem, lodging, administration, and scheduling.

The contractor is responsible, without separate hourly reimbursement, for employee scheduling, re‐ ordering supplies, protecting equipment/supplies, securing and discarding reserve files, ensuring plant and company personnel meet sanitary requirements, supervising all activities, training in all activities, and maintaining relations with plant management.

a. Each Year Hourly rate (one rate) shall cover the following:

1. Cost of performing service and related administrative costs;

2. Cost of first‐class mail service between contractor and employee;

3. Cost of overtime and premium pay;

4. Cost of commuting to service location, which includes but is not limited to: travel time, mileage, subsistence, tolls, commercial transportation, and/or lodging.

b. Computing hourly rates.

Hourly fees will be assessed in quarter hour increments for:

1. All services covered by the contract, (hourly rate applies uniformly), whether services are performed singly or combined, payment is based on one hourly rate.

2. Performance of the requested service, less mealtime. Time worked online at plants and for time worked off‐line necessary to facilitate work activities. Off‐line hours is specific to preparing paperwork and samples for distribution and delivering samples and paperwork to local mail drop off sites after production is completed. The amount of off‐ line time allowed for payment is determined by FGIS‐FMD based on local assessment of each plant location and production processes.

c. Application of rates when service is delayed by Plant.

Hourly rates will be paid when:

1. Service has been requested at a specified location;

2. Contractor’s employee is on duty and ready to provide service but is unable to do so because of a delay by the plant (i.e. equipment breaks down or other plant caused disruptions in production); and

3. Contractor determines that the Contractor’s employees or licensed subcontractors cannot be used elsewhere or have not been withdrawn or dismissed.

d. Application of rates when request for service is withdrawn or dismissed.

Hourly fees will be assessed to GIPSA for the scheduled service if the request is withdrawn or dismissed after the Contractor’s employee departs for the service point or if the request for service is not withdrawn or dismissed by 2 p.m. of the business day preceding the date of scheduled service. (2‐hour minimum) However, hourly fees will not be assessed to GIPSA if Contractor’s officials determine that the Contractor’s employee can be used elsewhere or if the Contractor’s employee can be released without cost to the Contractor.

e. To whom fees are assessed.

Fees for official services including additional fees will be assessed to and paid by GIPSA for the service.

1. The number of hours requested to work is not guaranteed; that is, the hours may be fewer than the amount shown in the Call Order.

2. Guaranteed 2‐hour minimum payment per call out.

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

2.7 PUBLIC RELATIONS

It is essential for all employees of the Contractor, and their licensed subcontractors, to display a positive image of USDA‐GIPSA by ensuring that their employees maintain favorable relations with the processed commodity plant or mill and associated staff. Personnel must be courteous in their dealings with facility management. All personnel working for the Contractor must carry identification at all times documenting employment by the Contractor. Work must be performed with due care, taking precautions against damage to property and interference with vehicular or pedestrian traffic. The Contractor must protect against damage to all USDA‐GIPSA, commodity loading facility, and associated property. Contractor employees must identify themselves as contractors and not employees of the Federal Government.

2.8 QUALITY ASSURANCE

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

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

B. The Government will monitor quality control procedures under this contract. The Contractor will submit a quality control plan before the contract start date. The plan must include methods to be used for identifying and preventing defects in the quality of service performed and records to be kept to document corrective or preventive actions taken. The Contractor must make appropriate modifications and obtain acceptance of the plan by the Contracting Officer before the contract start date.

2.9 CONTRACTOR LIABILITY

The Contractor is liable for any damages, losses, or injuries to people, property, and animals, which occur as a result, directly or indirectly, from work performed by the Contractor’s employees and licensed subcontractors while under contract with USDA‐GIPSA. The Contractor must immediately notify FGIS and the Contracting Officer, of any damages, losses, or injuries occurring during the performance of any contract with USDA.

3.0 WAGE RATES

The Service Contract Act applies to this contract. The Department of Labor Wage rates will be included in the BPA terms for each location and are listed below. The commodity plants are located in:

Crete, Nebraska, WD 2005‐2323 Dated 01/05/2016 Cambria, Wisconsin WD 2005‐2579 Dated 01/05/2016 Danville, Illinois, WD 2005‐2165 Dated 01/05/2016

4.0 CLAUSES AND PROVISIONS

CLAUSES

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

52.212‐4 ‐‐ Contract Terms and Conditions ‐‐ Commercial Items (May 2015) (Alternate 1)

52.212‐5 ‐‐ Contract Terms and Conditions Required to Implement Statutes or Executive Orders ‐‐ Commercial Items. (Feb 2016)

(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.]

___ (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, or Sole Source Award to, Economically Disadvantaged Women‐Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219‐30, Notice of Set‐Aside for, or Sole Source Award to, Women‐Owned Small Business Concerns Eligible Under the Women‐Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

___ (25) 52.222‐3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222‐19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (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).

_X__ (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).

___ (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 (Feb 2016) (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.]

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

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

_X__ (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)

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

452.237‐74 KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Inspection Services Personnel

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90‐day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

52.252‐2 ‐‐ Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

(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 the Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112‐55, Division A, Sections 738 and

739 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

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

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these Attachment 1 AGAR Advisory 104 Attachment 1, AGAR

Advisory 104 Page 4 of 4 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 may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739.

PROVISIONS

52.204‐16 ‐‐Commercial and Government Entity Code Reporting. (Jul 2015)

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

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,…