Attachment_3_SF1449_AG-6395-S-16-0058.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

APHIS-MRPBS-ASD-6395CODE 16. ADMINISTERED BYCODE

X

X

SIZE STANDARD:

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

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

OFFER DUE DATE/LOCAL TIME

16:00 MT 02/23/2016612-336-3208CAROL DINGESS

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-6395-S-16-0058

5. SOLICITATION NUMBER

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

1 42OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

USDA APHIS MRPBS

AAMD Procurement Branch Carol Dingess 970-494-7360 Fax 970-472-1897 Email : Carol.Dingess@aphis.usda.gov

17a. CONTRACTOR/

15. DELIVER TO

USDA APHIS MRPBS

AAMD Procurement Branch 2150 Centre Drive Bldg B-2E20 Ft. Collins, CO 80526

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

01/22/2016

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Firm Fixed Priced Blanket Purchase Agreement for Various Vegetable Sizers. (Aluminum or Aluminum Alloy) Each Single Blade shall be stamped with USDA Logo and the applicable size. First Article Test May Be Required Prior to delivery. Period of performance is not to exceed five years. All cost to include but not limit to: overhead, general and administrative, profit,transportation and insurance.

Vendor must accept government credit cards.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

crdingess Typewritten Text https://www.ipp.gov/vendors/enrollment-vendors.htm and submit invoices through the Invoice Processing Platform (IPP) Enroll at https://www.ipp.gov/ crdingess Typewritten Text crdingess Typewritten Text Company Name

DUNS#

Address:

Point of Contact Email:

Phone# Fax# crdingess Typewritten Text crdingess Typewritten Text crdingess Typewritten Text crdingess Typewritten Text As indicated on individual call crdingess Typewritten Text 332999 crdingess Typewritten Text 750 Empl crdingess Typewritten Text crdingess Typewritten Text crdingess Typewritten Text crdingess Typewritten Text crdingess Typewritten Text crdingess Typewritten Text

PART I SF 1449 - CONTINUATION SHEET

SCHEDULE B PRICING:

Item Description Estimated

Max Quantity

$ Total Amount based on max qty $ ea

Pricing for Base Period - Date of Award to end date for Period 2

001 General Purpose Sizer 100 002 FL Grapefruit Sizer 20 003 FL Tomato Sizer 75 004 USDA Tomato Sizer 75 005 Potato Special Sizer 15 006 Potato / Onion Sizer 100 007 Grape Sizer 75 008 1-1/4 Single Blade 25 009 1-1/2 Single Blade 25 010 1-5/8 Single Blade 25 011 1-3/4 Single Blade 25 012 1-7/8 Single Blade 25 013 2" Single Blade 55 014 2-1/8" Single Blade 25 015 2-1/4" Single Blade 25 016 2-3/8" Single Blade 25 017 2-1/2" Single Blade 25 018 2-5/8" Single Blade 25 019 2-3/4" Single Blade 25 020 2-7/8" Single Blade 40 021 3" Single Blade 40 022 3-1/8" Single Blade 25 023 3-1/4" Single Blade 25 024 3-1/2" Single Blade 25 025 3-3/4" Single Blade 25 026 3-7/8" Single Blade 25 027 4" Single Blade 25 028 4-1/4" Single Blade 25 029 4-1/2" Single Blade 25 030 4-3/4" Single Blade 25 031 5" Single Blade 25 032 5-1/4" Single Blade 25 033 5-1/2" Single Blade 25

Total dollar amount based on Max Quantities crdingess Typewritten Text crdingess Typewritten Text crdingess Typewritten Text crdingess Typewritten Text All cost to include but not limit to: overhead, general and administrative, profit, insurance and transportation to Fredericksburg, VA location

Number of days for delivery after receipt of order _____________________

INSTRUCTIONS CONDITIONS AND NOTICES TO OFFERORS OR RESPONDENTS

In order to have a complete quotation l package, as a minimum, the package must contain the following items:

Please Check boxes [X]

[ ] Completed form 1449 Schedule of items (See pg 1 boxes 17a & 30a,b & c, )

[ ] Section B - Price Schedule for base period and 1 option period. Page 2

[ ] ONLINE Completion of provision 52.212-3, Offeror Representations and Certifications – Commercial Items. Any entity wishing to do business with the USDA Shall complete certifications electronically at http://sam.gov. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (P) of this provision.

[ ] ONLINE A completed Central Contractors Registration at http://sam.gov.

In accordance with FAR 52.212-1 (J) Provision and & 52.212-4 (T) (1 Commercial Terms and Conditions; Any entity wishing to do business with the federal government under a Federal Acquisition Regulation (FAR)-based contract must be registered in SAM at http://sam.gov.

****REGISTRATION IS FREE*** (Pages 27 - 40)

Any entity doing business with the Federal Government must also obtain a Dunn and Bradstreet number. If your company does not have a DUNS number, you may contact Dun and Bradstreet directly to obtain one by calling 1- 866-705-5711or via the following website:

http://fedgov.dnb.com/webform Offers submitted without completion of items 1 thru 5 will be considered nonresponsive.

The above documents need to be sent to the attention of Carol Dingess at the Email, Fax, or address listed on the 1449 form box 9 by COB of Solicitation due date

[ ] Completion of AGAR 452.209 – 70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction. (Pages 40-41) http://sam.gov/ http://www.acquisition.gov/ http://sam.gov/ http://sam.gov/ http://fedgov.dnb.com/webform

Section C Statement of Work

A. DESCRIPTION OF AGREEMENT

Establish a Fixed Priced Indefinite Quantity/Indefinite Delivery Blanket Purchase Agreement for Various Vegetable Sizers (Aluminum or Aluminum Alloy). Each Single Blade shall be stamped with USDA Logo and the applicable size. First Article Test May Be Required Prior to delivery. All cost to include but not limit to: overhead, general and administrative, profit, transportation and insurance. Period of performance is not to exceed five years. Vendor must accept government credit cards.

B. PERIOD OF PERFORMANCE

This BPA is effective from date of award and not to exceed five (5) years. Per FAR 13-303-6.

The Contracting Officer and individuals and/or organization component authorized to place BPA calls will ensure the BPA is reviewed at least annually and updated at that time to make new arrangements or modify existing arrangements, and to validate the need for this BPA. There is an allowance for economic price adjustments In accordance with FAR 52.216-5 applicable to periods 3 thru 5 any price increases shall be subject to approval by APHIS prior to ordering.

Unilateral termination of this BPA may occur at any time by either party

*52.216-5 Price Redetermination—Prospective Applies for periods 3-5

C. EXTENT OF OBLIGATION

The Government is obligated only to the extent of authorized calls actually placed against this BPA. The aggregate dollar limitation is one hundred and fifty thousand Dollars($150,000.00)

D. PRICING

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

2. Calls may only be placed when quoted prices are fair and reasonable as determined by the contracting officer in accordance with applicable Federal Acquisition Regulations on price reasonableness determinations. The Government shall not be obligated for placement, negotiation, or solicitation of products that are not the current price.

3. Calls may only be placed against BPA upon verification of current approved pricing from Vendor. Any Price increase must be approved by contracting office before order is placed.

E. CALL LIMITATION

Calls placed by individuals authorized under this BPA shall not exceed the dollar limitation listed on the Individuals Authorized to Place Call Orders:

BPA Maximum Dollar Limit: $150,000.00 BPA Call Limit: $25,000.00

F. INDIVIDUALS AUTHORIZED TO PLACE BPA CALLS

Procedure for issuing BPA Calls is included in this agreement. The following individuals and/or organizational component are authorized to place BPA calls:

Contract Specialists and Purchasing Agents, APHIS/MRPBS/ASD/ Minneapolis, MN BPA Calls NTE individuals’ warrant authority or $25,000.00

Contract Specialists and Purchasing Agents, APHIS/PPQ/AMS/GIPSA/NVSL/WS BPA Calls NTE individuals’ warrant authority or $25,000.00

PURCHASE CARDS

Purchase Cardholders are delegated authority from the Contracting Officer with a NTE call/order up to their Purchase Card Threshold so long as it does not exceed the BPA Call limit of $25,000.00

Cardholders must identify the BPA number and Kall Order Number in the Agency Specific Data field under “Comments” tab, when reconciling transactions in Access On-line (purchase card system) for BPA reporting/tracking purposes.

The Contracting Officer must be contacted in advance with purchase card requests and must receive a copy of purchase card transactions with purchase card approval number from Purchaser immediately upon purchase.

Under no circumstances are call orders to exceed $25,000.00

G. CONTRACT ADMINISTRATION

INVOICES

PLEASE SHOW DELIVERY KALL ORDER NUMBER ON ALL INVOICES

Payment is 30days ARO in accordance with Prompt Payment Act (31 U.S.C. 3903)

For Invoice Processing and Payment.

Please see https://www.ipp.gov/vendors/enrollment-vendors.htm and submit invoices through the Invoice Processing Platform (IPP) Enroll at https://www.ipp.gov/ IPP is a secure, web-based system that manages government invoicing.

The contractor must follow the instruction on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury

The U.S. Department of Agriculture is a tax exempt agency. (Exempt from state and Federal tax) Tax ID Number : 41-0696271. Tax Exempt # 4700

USDA-AMS will begin issuing BPA Calls (delivery orders) shortly after award of the basic BPA contract. They will be numbered with an AG-6395-K-YY-NNNN . Upon delivery and acceptance of the products for any BPA Call (orders), the vendor will be responsible for submitting the invoice for payment against the BPA Contract number, referencing the individual call number in the IPP system at https://www.ipp.gov.

The Contractor shall submit an original invoice (or electronic invoice, if authorized,) to the address designated in the contract to receive invoices (https://www.ipp.gov).

An invoice shall include the following:

(I) Name and address of the Contractor

(2) Invoice date; Invoice number;

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

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

(5) Terms of any prompt payment discount offered;

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

(7) Name, title, and phone number of person to be notified in event of defective invoice.

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. Contractors are encouraged to assign an identification number to each invoice. The invoice will be verified by the customer and processed.

RECEIPT AND ACCEPTANCE OF SERVICES

Receipt of services shall be indicated by signature and date on the appropriate form by the authorized Government representative. Acceptance is in accordance with FAR 52.212-4 (a)

DELIVERY -

Delivery point and time of delivery will be verified by the individual making the call.

MAIN FOB DESTINATION POINT:

USDA, AMS, FVP, FPB

Equipment & Forms Depot 100 Riverside Parkway Ste 101 Fredericksburg, VA 22406

POINTS OF CONTACT

All correspondence and or questions pertaining to this BPA should be directed to:

Carol Dingess Contracting Officer

USDA/APHIS

ph:612-336-3208 Cell:612-224-0970 Fax: 612-336-3550 Carol.Dingess@aphis.usda.gov

Joanna Small

USDA, AMS, FVP, FPB

Equipment & Forms Depot 100 Riverside Parkway Ste 101 Fredericksburg, VA 22406 Phone: 540-361-1120 Fax: 540-361-1199 Email Joanna.Small@ams.usda.gov

H. MODIFICATION OF THIS BPA

At any time the Contracting Officer may modify this BPA to change, add, or delete some of the terms or conditions. Whenever you receive a modification, always read it in its entirety and comply with it. Ensure the modification is placed in the BPA file.

mailto:Carol.Dingess@aphis.usda.gov mailto:Joanna.Small@ams.usda.gov

I. MAINTAINING CALL REGISTERS

A call resister will be maintained by the Using Activity. The register may contain at least the following information:

1. BPA Number

2. Name of the Contractor

3. Call umber

4. Description of supplies being ordered on the call

5. Date call was placed

6. Individual who placed the call

7. Delivery Date

8. Dollar amount of the call (remember to not exceed the approved dollar limitations)

9. Accounting Classification All calls placed against this BPA must be recorded on the call register. The BPA call number should begin with 0001 and remain consecutive for the life of the BPA. Calls can be "voided";

however the file must be documented to explain circumstances.

J. BPA CLOSE-OUT

The Program Contract Administrator should coordinate with the Contractor and Financial Management to make sure all payments are made before the close-out.

SIZER SPECIFICATIONS

THE FOLLOWING SPECIFICATIONS ARE COMMON TO ALL SIZERS

NOTED BELOW:

Aluminum or aluminum alloy, minimum of 0.060 inch thick (except FL Grapefruit sizer minimum is 0.070 inch thick), with all corners rounded and a 1/4 inch hole in upper left corner to customize sets, if needed. Each blade shall be buffed/polished to remove burrs, sharp edges, etc., and assembled into sets with appropriate screws and lock nuts, as applicable.

Acceptable variation tolerance for openings up to 2 1/2 inches in diameter shall be no more than

0.005 of an inch (5 thousandths) larger or smaller; for openings 2 1/2 inches or larger in diameter, no more than 0.008 of an inch (8 thousandths) larger or smaller.

Width of material at narrowest point between round openings and from round opening to the edge on the same blade shall be a minimum distance between openings or to the edge on the same sizing blade of 0.30 of an inch.

Potential new vendors may borrow (pursuant to availability) current samples to see and examine a single blade in each size (4x4, etc.) and the sizer sets. “First article” may be required for the first order of a single blade or sizer set

Each SINGLE BLADE shall be stamped with USDA and the applicable size.

Blade Size (inches)

Blade Designation

Blade Size Blade Markings Hole Sizes

4 X 4 4” X 4” USDA & CORRESPONDING

MEASUREMENT DIMENSIONS

1 1/4, 1 1/2, 1 5/8, 1 3/4, 1 7/8, 2, 2 1/8, 2 1/4, 2 3/8, 2 1/2, 2 5/8, 2 3/4 or 2 7/8 (single hole per blade)

4 X 5 4” X 4” USDA & CORRESPONDING

MEASUREMENT DIMENSIONS

3 or 3 1/8 (single hole per blade)

5 X 6 5” X 6” USDA & CORRESPONDING

MEASUREMENT DIMENSIONS

3 1/4, 3 1/2, 3 3/4, 3 7/8 or 4 (single hole per blade)

6 X 7 6” X 7” USDA & CORRESPONDING

MEASUREMENT DIMENSIONS

4 1/4, 4 1/2, 4 3/4 or 5 (single hole per blade)

7 X 8 7” X 8” USDA & CORRESPONDING

MEASUREMENT DIMENSIONS

5 1/4 or 5 ½ (single hole per blade)

Each blade of GENERAL PURPOSE SIZER set shall have multiple holes as noted below, shall be stamped with USDA and the applicable diameter sizes on each blade and shall be assembled into a set in the order below with an appropriate screw and lock nut. Dimensions of the seven blade set are 4 inches X 4 inches for each blade:

ITEM#001

Blade Designation

Blade Size Blade Markings Hole Sizes

Blade 1 4 X 4 USDA & CORRESPONDING MEASUREMENT

DIMENSIONS

7/8, 1 3/4, 1 7/8

Blade 2 4 X 4 USDA & CORRESPONDING MEASUREMENT

DIMENSIONS

3/4, 1 1/2, 2

Blade 3 4 X 4 USDA & CORRESPONDING MEASUREMENT

DIMENSIONS

3/16, 1 1/4, 2 ¼

Blade 4 4 X 4 USDA & CORRESPONDING MEASUREMENT

DIMENSIONS

2 3/8

Blade 5 4 X 4 USDA & CORRESPONDING MEASUREMENT

DIMENSIONS

1/8, 1, 2 ½

Blade 6 4 X 4 USDA & CORRESPONDING MEASUREMENT

DIMENSIONS

3/8, 5/8, 2 ¾

Blade 7 4 X 4 USDA & CORRESPONDING MEASUREMENT

DIMENSIONS

1/4, 1/2, 3

Each blade of POTATO/ONION SIZER set shall have multiple holes as noted below, shall be stamped with USDA and the applicable diameter sizes on each blade and shall be assembled into a set in the order below with an appropriate screw and lock nut:

ITEM#006

Blade Designation

Blade Size Blade Markings Hole Sizes

Blade 1 4” X 7.5” USDA & MEASUREMENT DIMENSIONS 2 3/4, 3

Blade 2 4.5” X 7.5” USDA & MEASUREMENT DIMENSIONS 1, 2 1/2, 3 1/4

Blade 3 4.5 X 7.5” USDA & MEASUREMENT DIMENSIONS 1 1/4, 2 1/4, 3 1/2

Blade 4 5” X 7.5” USDA & MEASUREMENT DIMENSIONS 1 3/4, 1 7/8, 3 3/4

Blade 5 5” X 7.5” USDA & MEASUREMENT DIMENSIONS 1 1/2, 2, 4

POTATO SPECIAL SIZER BLADE shall have multiple holes as noted below, shall be stamped with USDA and all the applicable diameter sizes on the blade and will adhere to the general specifications stated at the beginning of this article:

ITEM# 005

Blade Designation

Blade Size Blade Markings Hole Sizes

Blade 1 4” X 4” USDA & MEASUREMENT DIMENSIONS 3/4, 1, 1 5/8

Each blade of USDA TOMATO SIZER set shall have holes as noted below, shall be stamped with USDA and TOMATO and the applicable diameter size(s) and EX-LARGE, LARGE, MEDIUM, SMALL, as applicable, on the four blades and shall be assembled in the order noted below into a set with an appropriate screw and lock nut:

ITEM#004

Blade Designation

Blade Size Blade Markings Hole Sizes

Blade 1 4” X 4” USDA & APPLICABLE DIAMETER, TOMATO, AND EX-

LARGE

2 24/32

Blade 2 7.5” X 4” USDA & APPLICABLE DIAMETER, TOMATO, AND LARGE 2 16/32, 2 25/32 Blade 3 7.5” X 4” USDA & APPLICABLE DIAMETER, TOMATO, AND

MEDIUM

2 8/32, 2 17/32

Blade 4 7.5” X 4” USDA & APPLICABLE DIAMETER, TOMATO, AND SMALL 2 4/32, 2 9/32

Each blade of FL TOMATO SIZER set shall have multiple holes as noted below, shall be stamped with USDA 2000 and FL TOM SIZER and the applicable diameter size(s) and 5X6, 6X6, 6X7, as applicable, on the three blades and shall be assembled in the order noted below into a set with an appropriate screw and lock nut:

ITEM#003

Blade Designation

Blade Size Blade Markings Hole Sizes

Blade 1 4” X 4” USDA 2000 & FL TOM SIZER, APPLICABLE DIAMETER, AND 5 X 6

2 25/32

Blade 2 7.5” X 4” USDA 2000 & FL TOM SIZER, APPLICABLE DIAMETER, AND 6 X 6

2 17/32, 2 29/32

Blade 3 7.5” X 4” USDA 2000 & FL TOM SIZER, APPLICABLE DIAMETER, AND 6 X 7

2 9/32, 2 19/32

Each blade of the FL GRAPEFRUIT SIZER set shall have multiple holes as noted below, shall be a minimum of 0.070 inch thick and stamped USDA and FL GRAPEFRUIT and the applicable diameter sizes and sizes 23, 18, 32, 27, 40, 36, 56, 48, as applicable, on the four blades and shall be assembled in the order noted below into a set with an appropriate screw and lock nut:

ITEM#002

Blade Designation

Blade Size Blade Markings Hole Sizes

Blade 1 12.5” X 6.5” USDA & FL GRAPEFRUIT, APPLICABLE DIAMETER, 23 & 18 4 25/32, 5 9/32 Blade 2 12.5” X 6.5” USDA & FL GRAPEFRUIT, APPLICABLE DIAMETER, 32 & 27 4 1/4, 4 9/16 Blade 3 12.5” X 6.5” USDA & FL GRAPEFRUIT, APPLICABLE DIAMETER, 40 & 36 3 15/16, 4 1/8 Blade 4 12.5” X 6.5” USDA & FL GRAPEFRUIT, APPLICABLE DIAMETER, 56 & 48 3 9/16, 3 ¾

USDA Grape Sizer set

Set of twelve (12) individual sizing blades on a split ring shall be a minimum of .060 inch thick of aluminum or better alloy. The width of each sizing blade shall be sufficient to insure the stability of the blade and no less than .060 inch. Each blade shall be stamped with the fraction and with the first blade also stamped USDA.

Round openings will be of the specified diameters listed below with an allowance for acceptable variation of no more than .005 of an inch larger or smaller than each size specified.

Diameter measurements for round openings of each individual blade are as follows and will not deviate from these measurements:

ITEM#007

9/16" 10/16" 11/16" 12/16" 13/16" 14/16" 15/16"

1” 1 1/16” 1 1/8” 1 3/16” 1 1/4”

***Picture is of an Original Grape Sizer that was a 7 blade Sizer. Grape Sizer has been upgraded to a12 blade set. This picture is for reference only ***

SPECIAL ORDER BLADES shall have the same basic specifications and stamping requirements as above. Specifics will be provided when ordered.

ANTICIPATED FISCAL YEAR ORDERS

Orders for any fiscal year cannot be predicted and bids should be submitted accordingly for the current fiscal year. Not every single blade or sizer set listed in these specs will be ordered during any fiscal year. Orders are placed, as needed, based on demand. There may be one or more orders of 50 sets each during any fiscal year for general purpose, potato/onion, Florida tomato and USDA Tomato Sizer sets. The Florida Grapefruit Sizer set and Potato Special Blade are not ordered every fiscal year. Single blades are ordered based on demand to replenish stock, usually in lots of 40 each for single blades up to 4” and 25 each for single blades from 4 1/4” to 5 1/2”.

Vendor’s bid adjustments for subsequent option years will be reviewed and approved before purchase order is extended.

Estimated Fiscal Year Orders:

***The absolute minimum order that may or may not be placed by the USDA Equipment & Forms Depot in a fiscal year is ZERO for all items that are included in this document. The maximum totals that we may or may not order that are provided below for Reference are estimates only and may or may not be exceeded pursuant to demand for product. ***

Sizer Min Max Sizer Min Max Sizer Min Max

General Purpose Sizer 0 100 1 7/8 Single Blade 0 25 3 ¼ Single Blade 0 25 FL Grapefruit Sizer 0 20 2” Single Blade 0 55 3 ½ Single Blade 0 25

FL Tomato Sizer 0 75 2 1/8 Single Blade 0 25 3 ¾ Single Blade 0 25 USDA Tomato Sizer 0 75 2 ¼ Single Blade 0 25 3 7/8 Single Blade 0 25 Potato Special Sizer 0 15 2 3/8 Single Blade 0 25 4” Single Blade 0 25

Pot/Onion Sizer 0 100 2 ½ Single Blade 0 25 4 ¼ Single Blade 0 25 Grape Sizer 0 75 2 5/8 Single Blade 0 25 4 ½ Single Blade 0 25

1 ¼ Single Blade 0 25 2 ¾ Single Blade 0 25 4 ¾ Single Blade 0 25 1 ½ Single Blade 0 25 2 7/8 Single Blade 0 40 5” Single Blade 0 25 1 5/8 Single Blade 0 25 3” Single Blade 0 40 5 ¼ Single Blade 0 25 1 ¾ Single Blade 0 25 3 1/8 Single Blade 0 25 5 ½ Single Blade 0 25

PART II SECTION I

CONTRACT CLAUSES

ADDENDUM I

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):

https://www.acquisition.gov/ https://www.acquisition.gov/far/index.html http://www.dm.usda.gov/procurement/policy/agar_x/agarbase/index.html

(End of clause)

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (MAY 2014)

Incorporated by Reference

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

https://www.acquisition.gov/ https://www.acquisition.gov/far/index.html http://www.dm.usda.gov/procurement/policy/agar_x/agarbase/index.html

___ (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.

___ (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)).

___ (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)).

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 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).

(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).

(31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

___ (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).

X (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) ____ (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)

CLAUSES IN FULL TEXT:

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(DEC 2013)

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

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

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

(End of clause)

52.209-4 FIRST ARTICLE APPROVAL—GOVERNMENT TESTING (SEPT 1989)

(a) UPON NOTIFICATION/REQUEST FROM THE CONTRACTING OFFICER:

The Contractor shall deliver 1 Set of Lot/Item# 001 General Purpose Sizer Set listed in (Statement of Work)

General Purpose Sizer - 7 blade sizer set with USDA logo within 21 calendar days from the date of The contract Notification to the Government at USDA/AMS/FV

Joanna Small

USDA, AMS, FVP, FPB

Equipment & Forms Depot 100 Riverside Parkway Ste 101 Fredericksburg, VA 22406

The shipping documentation shall contain Solicitation number AG-6395-S-16-0058 and the Item #001 General Purpose Sizer Set for identification. The characteristics that the first article must meet and the testing requirements are specified in the Statement Of Work.

(b) Within 14 calendar days after the Government receives the first article, the Contracting Officer shall notify the Vendor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Vendor from complying with all requirements of the specifications and all other terms and conditions of this order. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Vendor, upon Government request, shall submit an additional first article for testing. After each request, the Vendor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Vendor, including any and all costs for additional tests following disapproval. The Vendor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government.

The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the Purchase Order price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

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

(e) Unless otherwise provided in the order, the Vendor—

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

(2) Shall remove and dispose of any first article from the Government test facility at the

Vendor’s expense.

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

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

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

(1) progress payments, or (2) termination settlements if the purchase order is terminated for the convenience of the Government.

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

First article” may be required for the first order of each subsequent sizer set

452.211-5 Period of Performance (FEB 1988)

The period of performance of this contract is from Date of Award and not to exceed five (5) years

452.216-74 Ceiling Price (FEB 1988)

The ceiling price of this contract is $ 150,000.00 . The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

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

52.216-5 PRICE REDETERMINATION—PROSPECTIVE (OCT 1997)

(a) General. The unit prices and the total price stated in this contract shall be periodically redetermined in accordance with this clause, except that—

(1) The prices for supplies delivered and services performed before the first effective date of price redetermination (see paragraph (c) of this clause) shall remain fixed; and

(2) In no event shall the total amount paid under this contract exceed any ceiling price included in the contract.

(b) Definition. “Costs,” as used in this clause, means allowable costs in accordance with Part 31 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract.

(c) Price redetermination periods. For the purpose of price redetermination, performance of this contract is divided into successive periods. The first period shall extend from the date of the contract to 12 months and the next and each succeeding period shall extend for 12 Months to https://www.acquisition.gov/far/current/html/FARTOCP31.html#wp253693 the end of the last preceding period, except that the parties may agree to vary the length of the final period. The first day of Period 3 and each succeeding period shall be the effective date of price redetermination for that period.

(d) Data submission.

(1) Not more than 60 nor less than 30 days before the end of each redetermination period, except the last, the Contractor shall submit—

(i) Proposed prices for supplies that may be delivered or services that may be performed in the next succeeding period, and—

(A) An estimate and breakdown of the costs of these supplies or services in the format of Original Price Schedule , or in any other form on which the parties may agree;

(B) Sufficient data to support the accuracy and reliability of this estimate; and

(C) An explanation of the differences between this estimate and the original (or last preceding) estimate for the same supplies or services; and

(ii) A statement of all costs incurred in performing this contract through the end of the

Last month before the submission of proposed prices in the format of Original Price Schedule with sufficient supporting data to disclose unit costs and cost trends for—

(A) Supplies delivered and services performed; and

(B) Inventories of work in process and undelivered contract supplies on hand

(estimated to the extent necessary).

(2) The Contractor shall also submit, to the extent that it becomes available before negotiations on redetermined prices are concluded—

(i) Supplemental statements of costs incurred after the date stated in subdivision (d)(1)(ii) of this section for—

(A) Supplies delivered and services performed; and

(B) Inventories of work in process and undelivered contract supplies on hand

(estimated to the extent necessary); and

(ii) Any other relevant data that the Contracting Officer may reasonably require.

(3) If the Contractor fails to submit the data required by paragraphs (d)(1) and (2) of this section, within the time specified, the Contracting Officer may suspend payments under this contract until the data are furnished. If it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the data submittal period, the amount of the excess shall bear interest, computed from the date the data were due to the date of repayment, at the rate established in accordance with the Interest clause.

(e) Price redetermination. Upon the Contracting Officer’s receipt of the data required by paragraph (d) of this section, the Contracting Officer and the Contractor shall promptly negotiate to redetermine fair and reasonable prices for supplies that may be delivered or services that may be performed in the period following the effective date of price redetermination.

(f) Contract modifications. Each negotiated redetermination of prices shall be evidenced by a modification to this contract, signed by the Contractor and the Contracting Officer, stating the redetermined prices that apply during the redetermination period.

(g) Adjusting billing prices. Pending execution of the contract modification (see paragraph (f) of this section), the Contractor shall submit invoices or vouchers in accordance with the billing prices stated in this contract. If at any time it appears that the then-current billing prices will be substantially greater than the estimated final prices, or if the Contractor submits data showing that the redetermined price will be substantially greater than the current billing prices, the parties shall negotiate an appropriate decrease or increase in billing prices. Any billing price adjustment shall be reflected in a contract modification and shall not affect the redetermination of prices under this clause. After the contract modification for price redetermination is executed, the total amount paid or to be paid on all invoices or vouchers shall be adjusted to reflect the agreed-upon prices, and any requested additional payments, refunds, or credits shall be made promptly.

(h) Quarterly limitation on…