BPA_Solicitation_02192016.pdf

AG‐6395‐S‐16‐0071 FGIS Inspection Services MN ND

Notes to Quoters:

1. This solicitation is for one or more Blanket Purchase Agreements (BPA’S).

2. ANY QUESTIONS PERTAINING TO THIS Request for Agreements (RFA)/Request for Quotes (RFQ) 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 following in order to be considered for BPA award:

A. Completed pricing schedule.

B. The information requested in FAR provision 52.212‐2 Evaluation—Commercial Items in order to facilitate the Government’s evaluation of technical capability and past performance.

C. Your Name, address, DUNS Number and verification of SAM registration. A completed copy of the provisions at FAR 52.212‐3, Offeror Representations and Certifications‐Commercial Items OR confirmation that this has been completed on‐line in the SAM database.

D. A completed copy of the provision 452.209 –70 ‐ Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction (page 24)

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

PRICING SCHEDULE:

Rate shall be a firm fixed hourly rate for Federal pulse, graded and non‐graded non‐processed commodity sampling and weighing services at the location(s) quoted. Pricing shall include all costs associated with providing the service.

SERVICE LOCATION(S) (Contractor to list locations where they can perform services)

PRICE SCHEDULE

Item No Description Unit Unit Price

001 Federal Pulse Graded and Nongraded Hour $_________

Commodity Sampling and Weighing Services

002 Mileage GSA Published Rate

003 Travel expenses Prevailing per diem rates

SCHEDULE NOTES:

This solicitation is for multiple BPA awards. Calls for services under the BPA's will be competed amongst the awardees. The award decision to use a particular BPA will be made based on location where the service is required, price, experience and past performance and ability to receive and hold a license.

The vendor's price shall be an all‐inclusive rate and include all costs necessary to perform the specified services at the various facility locations indicated in the Statement of Work. Contractors must indicate the facilities they wish to have included in the BPA, only the locations listed on the pricing schedule will be considered for inclusion in the BPA if awarded.

The USDA GIPSA shall make every attempt possible to find local personnel that are near the site where services are requested so that travel costs are avoidable, however, in order to properly staff the various sites where services are required the contractors may need to travel. If travel is required, travel costs will be paid at the rates provided in the Federal Travel or Joint Federal Travel Regulations. Travel must be in accordance with Federal Government Travel Regulations and all costs shall be subject to the restrictions of the Federal Travel Regulations. Please refer to the following websites for details on the travel regulations and the domestic travel per diem rates if applicable:

http://www.gsa.gov/portal/category/21222 http://www.gsa.gov/portal/category/21287

Contractor’s must provide receipts for applicable travel related expenses per the Federal Travel Regulations.

Mileage will only be paid if travel is over 25 miles one way. Only that travel ordered and authorized at the time the service call is made shall be invoiced or paid.

BLANKET PURCHASE AGREEMENT

1.0 DESCRIPTION OF AGREEMENT: This is to establish a Blanket Purchase Agreement (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). 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 Services (FGIS) administers the official pulse, graded and non‐graded non‐processed 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 individuals for the purpose of performing specified inspection services. FGIS will use this contracting authority to supplement its workforce by contracting individuals to sample and/or weigh bulk and bagged pulses, graded and non‐graded non‐processed commodities when requested by FGIS to help respond to unpredictable workloads.

Contractor shall provide services under the authority of the Agriculture Marketing Act (AMA) in the geographical area serviced by the Grand Forks, ND, Field Office. 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.

1.1 TERM OF AGREEMENT: The effective period of this BPA is one year.

1.2 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.

1.2.1 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.

1.2.2 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.

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

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

1.3 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 for each BPA to be between 20‐750 hours annually. No single service call may exceed $3,000. 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.

1.4 PURCHASE LIMITATION: Each Service Call placed by individuals authorized under this BPA shall not exceed $3,000. BPA Ceiling: Combined Service Calls must not exceed $70,000 per BPA per BPA year. There is no minimum guarantee under this BPA.

1.5 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 $3,000 per person, per call:

Authorized USDA Personnel:

Edward Stallman Valerie Hills Frederick Lindseth Carmon Lindblad Larry Mosloff Andrew Otto

1.5.1 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. Funding orders may include an expiration date; Calls made against a funding order after expiration are not authorized.

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

1.5.2 Service Calls: Service calls under this BPA will be issued based on hourly requirements for a given service location and shall detail the BPA Pricing Schedule items and quantity being ordered. Mileage rate is limited to the GSA published rate. Any travel ordered and authorized in conjunction with a Service Call must be defined at the time of the call and must be limited to that allowed by the Federal Travel Regulations. Only travel authorized by a call and properly invoiced with documentation will be eligible for payment.

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

1.6 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.

1.7 RECEIPT AND ACCEPTANCE OF PURCHASES: Receipt of purchases (Service Calls) 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 1.6), may be used for receipt and acceptance.

1.8 INVOICES:

Invoice shall be submitted in accordance with FAR 52.212‐4 (g). 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. Contractors shall only invoice for services rendered. 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.

1.9 POINT OF CONTACTS (POCs):

1. POC to contact Contractor – Edward R. Stallman, Field Office Manager and COR Edward.r.stallman@usda.gov; phone: 701‐772‐3371 x202

2. POC for this order and invoicing – Penny Kilbride, Administrative Support Penelope.k.kilbride@usda.gov; phone: 701‐772‐3371 x203

3. 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: 612‐336‐3460

1.10 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 BPA. 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; or (6) otherwise change any terms and conditions. No information, other than that which may be contained in an authorized modification to this BPA duly issued by the Contracting Officer, shall be considered grounds for deviation from any stipulation of this

BPA.

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.

1.11 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 (SOW) To Assist the U.S. Department of Agriculture, Grain Inspection, Packers and Stockyards Administration, Federal Grain Inspection Service

Grand Forks Field Office Grand Forks, North Dakota

In Providing Pulse Commodity Sampling 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 Services (FGIS) administers the official pulse, graded and non‐graded non‐ processed 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 individuals for the purpose of performing specified inspection services. FGIS will use this contracting authority to supplement its workforce by contracting individuals to sample and/or weigh bulk and bagged pulses, graded and non‐ graded non‐processed commodities when requested by FGIS to help respond to unpredictable workloads.

2.2 SCOPE OF WORK

When requested by FGIS, the contractor may provide Federal pulse, graded and non‐graded non‐ processed commodity sampling and weighing services, under the authority of the AMA, in the geographical area serviced by the FGIS Grand Forks, ND, Field Office (F/O). These areas may include pulse facilities in the following areas (See Specific Locations in Section 3.0):

North Dakota

Minnesota

The overall objective of the contractor is to provide sampling, checkweighing, checkloading, sanitation, condition of container inspection, and acceptance services on dry beans, peas, and lentil, and miscellaneous AMA graded and non‐graded non‐processed commodities according to {1} all pertinent specifications, instructions, standards, directives, memorandums, etc., and {2} procedures stated in the Peas and Lentils Handbook; Bean Inspection Handbook; Sanitation Inspection Handbook for Rice, Beans, Peas, Lentils, and Processed Commodities; and the Agricultural Marketing Service (AMA) Handbook, Procedures for Inspection of the Condition of Food Containers; Mechanical Sampling Systems Handbook, and Weighing Handbook.

2.3 APPLICABLE DOCUMENTS

See the following web addresses:

www.gipsa.usda.gov Popular Topics, Laws and Regulations, Agricultural Marketing Act of 1946 (as amended), Part 868, Acts & Regulations, Directives, Handbooks, and Notices.

http://www.fsa.usda.gov/FSA/webapp?area=home&subject=coop&topic=pas‐ex‐cr

7 CFR Agriculture ‐ U.S. Standards for Condition of Food Containers http://www.gpo.gov/fdsys/pkg/CFR‐2012‐title7‐vol3/pdf/CFR‐2012‐title7‐vol3.pdf

The pulse, graded and non‐graded non‐processed commodity sampling and weighing services that the F/O may assign to the contractor include but are not limited to, the following services (Reference § 868 of the regulations):

a. Plant Approval (Sanitation) Service.

Determining whether a plant/mill is processing and/or packaging commodities under sanitary conditions according to the Sanitation Inspection Handbook for Rice, Beans, Peas, Lentils, and Processed Commodities;

b. Sampling Service.

Drawing a sample from a pulse or processed commodity lot using FGIS‐approved methods to obtain representative samples for analysis to determine quality based on grade, official factors, or official criteria or any combination of these according to the regulations, Official U.S.

Standards, and instructions. Sampling will be in accordance with Chapter 2 of Pea and Lentil Handbook; Chapter 2 of the Bean Inspection Handbook.

c. Checkweighing.

Weighing a selected number of containers from a lot, for the determination of the estimated total gross, tare, and net weight, or the estimated average gross or net weight per filled container. Checkweighing will be performed in accordance with the Weighing Handbook, Chapter 4, and specific checkweighing procedures contained in the Federal and Military specifications and Farm Service Administration (FSA) announcements (i.e. shall not be less than 98% of the marked net weight).

d. Condition of Food Container Inspection.

Examining the containers for condition, construction, sealing, and markings will be in accordance with the Agriculture Marketing Service (AMS) Handbook, Procedures for Inspection of the Condition of Food Containers, and the United States Standards for Condition of Food Containers.

e. 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 commodities. (Reference: Directive

FGIS 9180.48)

f. 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)

g. Witness of Fumigation

Verifying the application of a fumigant to a specified cargo.

2.4. RESPONSIBILITIES

The Contractor is responsible for providing pulse sampling and related services to assist FGIS, when requested in accordance with the AMA, regulations, U.S. Standards for Beans, Peas, Lentils, instructions, and policies and procedures established under the authority of the AMA.

INDIVIDUAL CONTRACTOR’S RESPONSIBILITIES

a) Comply with all requirements of the BPA and SOW.

b) Be licensed to perform assigned services, and carry license during working hours.

c) Provide own transportation to and from service point.

d) Deliver or ship samples and other required document to designated location(s) in accordance with the timeframes specified in the work order (Application for Inspection and Weighing Service).

e) Complete and sign all required reports and inspection forms. Keep an accurate record of the time inspections begin and end.

f) Prepare and submit invoices to the Grand Forks field office and enter invoices in IPP.gov.

g) Report immediately any apparent violation of the AMA Part 868 regulations (Refer to www.gipsa.usda.gov; Browse by Subject; Laws and Regulations), and instructions to the field office in accordance with FGIS Directive 9070.6, Reporting Violations of the U.S. Grain Standards Act and the Agriculture Marketing Act {AMA} of 1946.

h) Possess no interest, financial or otherwise, direct or indirect, in merchandising, handling, storing, or processing commodities of the kind to be sampled or related products, as specified in 7 CFR 868.80.

Must not have a conflict of interest.

i) Guarantee sample integrity.

j) Meet the physical condition requirements in the Sanitation Inspection Handbook for Rice, Beans, Peas, Lentils, and Processed Commodities.

k) Abide by the plant’s or mill’s safety and sanitation regulations.

FGIS Grand Forks Field Office

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

FGIS will furnish each contractor with:

(a) An AMA contract sampler license will be issued to qualified samplers.

(b) Form FGIS‐110, “Bribery Card.”

(c) The necessary equipment to perform inspection services.

(d) Instructions on invoicing for payment.

FGIS will make sure that contractors understand:

(a) Sampling methods and techniques.

(b) How to use all handbooks, instructions, sampling plans, forms, and any equipment involved in performing required services.

(c) The necessity and procedures for sample, equipment, and inspection data security.

(d) Samples must be shipped or hand delivered to the appropriate USDA GIPSA FGIS licensed laboratory in a timely manner.

(e) Contractors are not employees of the Federal Government and therefore, are not covered by such benefits as health, retirement, vacation, social security, unemployment compensations, and workman’s compensation, etc. Contractors must identify themselves as contractors.

(f) Four major performance failures within a contract year will be considered a critical performance failure. Contractors are responsible for their own work quality.

(g) The number of hours contractors will be requested to work is not guaranteed.

(h) Contractors must complete and send to the field office Form FGIS‐992, Services Performed Report, each time they are called to a service location to perform a service. If, upon arrival, there is no work (including standby time), the service location callout and departure times and the phrase “Call Out” must be shown in the “Comments of Sampler” block. If there was less 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.

FGIS will:

(a) Give contractors the location and time of service requests.

(b) Pay contractors according to the contract schedule.

(c) Spot check and monitor the contractor’s performance to ensure that it is according to contract specifications.

(d) 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.

(e) Ensure that the Contractor understands: inspection 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 delivered 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 CONTRACTOR REQUIREMENTS

The contractor personnel must have the following knowledge skills and abilities in order to perform services under this contract:

a. Must be able to obtain a license to perform sampling, weighing, checkloading and/or other services. Training and testing will be provided by FGIS if necessary. Contractors will not be paid for time spent studying, training, and testing to obtain licensing, unless the training is on the job training where normally paid work is being done.

b. Must be able to lift up to 50 lbs.

c. Must be able to fill out forms legibly and coherently.

d. Must be able to perform basic math skills (addition, subtraction, multiplication)

2.6 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. There is no minimum guarantee under this BPA.

2.7 BASIS FOR PAYMENT

Contractual services are based on the hourly rate with a guaranteed 2‐hour minimum payment per call out.

b. The hourly rate is uniform for all services covered by the contract, whether services are performed singly or combined.

c. The service hours begin when the contractor arrives at the service location, but not before the call out time, and end when they leave the service location. However, if the contractor is traveling to a location more than 25 miles, the hourly rate will be paid for travel time.

d. There is no special hourly rate for overtime, night differential or holidays.

e. Payment for partial service hours is based on one‐fourth of the hourly rate for each quarter hour worked.

f. The number of hours requested to work is not guaranteed.

g. Invoices are to be entered by the sampler in IPP.gov. A copy of the invoice must be sent to the ordering field office.

h. 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.

2.8 PUBLIC RELATIONS

It is essential for all Contractors, employees of the Contractor, or 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.

2.9 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 Contractor is responsible for the quality control of their work.

2.10 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.

2.11 POINTS OF CONTACT

1. POC to contact Contractor – Edward R. Stallman, Field Office Manager and COR Edward.r.stallman@usda.gov; phone: 701‐772‐3371 x202

2. POC for this order and invoicing – Penny Kilbride, Administrative Support Penelope.k.kilbride@usda.gov; phone: 701‐772‐3371 x203

3.0 WAGE RATES

The Service Contract Act applies to this contract unless the work under this BPA is being performed by a person employed in a bona fide executive, administrative or professional capacity as these terms are defined in Part 541 of Title 29 . If the BPA is awarded to an individual whose primary duty is management of the enterprise in which he or she is employed or of a customarily recognized department or subdivision thereof the Service Contract Act (SCA) would not apply. The contractor should refer to FAR clause 52.222‐41 for information on whether the SCA is applicable.

The Department of Labor Wage rates will be included in the BPA terms for each location. The SCA wage determinations can be found at: http://www.wdol.gov/. The commodity plants are located in:

North Dakota Minnesota

CITY STATE COUNTY CITY STATE COUNTY

Beach ND Golden Valley

Alvarado MN Marshall

Berthold ND Ward Benson MN Swift

Bisbee ND Towner Borup MN Norman

Bottineau ND Bottineau Crookston MN Polk

Bowman ND Bowman East Grand Forks MN Polk

Buxton ND Traill Euclid MN Polk

Casselton ND Cass Gary MN Norman

Cathay ND Wells Mahnomen MN Mahnomen

Cavalier ND Pembina Moorhead MN Clay

Cleveland ND Stutsman Morris MN Stevens

Crary ND Ramsey Oslo MN Marshall

Crosby ND Divide Park Rapids MN Hubbard

Dahlen ND Nelson Perham MN Otter Tail

Devils Lake ND Ramsey St. Hilaire MN Pennington

Englevale ND Ransom

Falkirk ND McLean

Fargo ND Cass

Fessenden ND Wells

Forest River

ND Walsch

Fortuna ND Divide

Galesburg ND Traill

Garrison ND McLean

Grafton ND Walsch

Grand ND Grand Forks

Forks

Hatton ND Traill

Jamestown ND Stutsman

Johnstown ND Grand Forks

Joliette ND Pembina

Larimore ND Grand Forks

Leeds ND Benson

Lisbon ND Ransom

Manvel ND Grand Forks

Mayville ND Traill

McCanna ND Grand Forks

McVille ND Nelson

Merrifield ND Grand Forks

Minot ND Ward

Northwood ND Grand Forks

Oakes ND Dickey

Parshall ND Mountrail

Pembina ND Pembina

Petersburg ND Nelson

Plaza ND Mountrail

Portland ND Traill

Ray ND Williams

Richardton ND Stark

Ross ND Mountrail

Tolley ND Renville

Valley City ND Barnes

Walhalla ND Pembina

Williston ND Williams

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.

___ (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)).

___ (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).

___ (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).

___ (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.]

___ (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).

_X__ (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…