B3_Solicitation_AG-6395-S-17-0096.pdf

Warehouse Building 6420

NOTES TO OFFERORS

1. Submit signed and dated offers to Lisa Draves at lisa.a.draves@aphis.usda.gov at or before the exact time specified in this solicitation. See Addendum to 52.212‐1 for complete proposal submission instructions (page 21).

A COMPLETE PROPOSAL SHALL INCLUDE THE FOLLOWING INFORMATION:

Signed SF 1449 or Cover page. Offers may be submitted on the Standard Form (SF)

1449 or cover page. Reference the solicitation, company name, address, DUNS number, and point of contact information.

Pricing Schedule. Provide a unit price for each line item as specified in the Pricing

Schedule. Alternative pricing schedules will not be considered.

Past Performance Information. Provide at least two (2) past performance references for recent and relevant work performed by the offeror within the last three years. Include project title, description, dollar value, dates performed, location, and contact information (name, title, valid email, and phone).

Acknowledgement of any Amendments to the Solicitation

2. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, a prospective contractor may be requested to provide additional information in order to assist the Government in making a responsibility determination.

3. This solicitation will result in an Indefinite‐Delivery Indefinite‐Quantity (IDIQ) contract. Work will be ordered through the issuance of individual delivery orders as the requirements of the U.S.

Department of Agriculture (USDA) are defined. Contract and delivery order minimums and maximums are addressed in the following clauses: See 52.216‐19, Order Limitations” and 452.216‐73 “Minimum and Maximum Contract Amounts”. The line item quantities listed in the Pricing Schedule are for evaluation purposes only and are not intended to convey either a minimum or maximum quantity that will be ordered by the Government. Delivery Order prices will be in accordance with the fixed rates established in the Pricing Schedule. The unit price that will be paid for any line item will not be changed based on the quantity actually ordered by the Government. The ultimate contract price for any given ordering period will be the sum of the delivery orders issued during that period.

4. Please submit all questions in writing to Lisa Draves at lisa.a.draves@aphis.usda.gov. Questions should be submitted no later than two days prior to the response date.

5. Offerors must be registered in the System for Award Management (www.sam.gov), including current online representations and certifications no later than the solicitation response date.

6. The United States Department of Agriculture Animal and Plant Health Inspection Service is an agency of the Federal Government and is tax exempt (Tax ID# 41‐0696271).

PRICING SCHEDULE

Prices shall include all costs associated with furnishing and delivering all materials and for performing all work required under the contract in a complete and acceptable manner.

ITEM DESCRIPTION EST QUANTITY UNIT* UNIT PRICE TOTAL

ORDERING PERIOD 1 (Contract Award Date through April 30, 2018)

0001 Torula Yeast Pellets 400 DRUM __________ __________ Delivery to Edinburg, TX

ORDERING PERIOD 2 (May 1, 2018 through April 30, 2019)

0002 Torula Yeast Pellets 400 DRUM __________ __________

ORDERING PERIOD 3 (May 1, 2019 through April 30, 2020)

0003 Torula Yeast Pellets 400 DRUM __________ __________

ORDERING PERIOD 4 (May 1, 2020 through April 30, 2021)

0004 Torula Yeast Pellets 400 DRUM __________ __________

ORDERING PERIOD 5 (May 1, 2021 through April 30, 2022)

0005 Torula Yeast Pellets 400 DRUM __________ __________

TOTAL PRICE (Items 0001 ‐ 0005) __________

*1 DRUM = 50 lbs.

1.0 SPECIFICATIONS

Background and General Information

Fruit flies, in particular Mediterranean (Medfly) and Mexican (Mexfly) fruit flies, are some of the most serious exotic plant pests threatening United States agriculture.

Torula yeast pellets are used to capture certain species of exotic fruit flies of concern to the U.S.

agriculture. The torula yeast pellets are a primary detection tool used to delimit, survey the extent of the Mexfly infestation, and to manage introduced fruit fly populations. Without these torula yeast baits, defining the infestation might not be possible. The ultimate cost to live with these pests to the United

States, the United States Department of Agriculture and the citrus industry could exceed millions of dollars if not eradicated or managed.

Government Sampling and Quality Assurance of Torula Yeast Pellets Analytical Methods

The torula yeast will be killed dried yeast rendered inactive, non viable and incapable of growth in any microbiological growth medium. The torula yeast shall be Type B strain with the following parameters:

Percent

Protein (N X 6.5) 45.0 Minimum

Non protein N average 0.3 – 0.5

Minerals (ash) 7.0 – 7.8

Fiber (AOAC) 0.4 – 0.5

Carbohydrates 25 – 30

Moisture 4.5; 7.0 Maximum

Microbiological/Chemical parameters Unite Forming Colonies/gram Method Reference

Viable yeast <10 FDA‐BAM, 8th ed.

Fungus 50 FDA‐BAM, 8th ed

Total bacteria 10,000

Coliform <3 AOAC 966.23

Fecal coliform Negative CMMEF, 3rd ed.

Salmonella Negative AOAC 967.26

Weight, Solubility and Breakage Point Parameters

1. Weight: The bait pellets shall consist of 45% torula yeast (inactive, Type B) and 55% dry borax decahydrate by weight (2.25 grams torula yeast : 2.50 grams 10M standard technical grade borax decahydrate) pressed into pellet that will weigh 5 grams +/‐ 0.5 grams.

2. Solubility: Dissolve at a rate of one pellet per 100 ml (or 3 pellets/300 ml) of cold tap water within 1 hour.

3. Breakage Point: Using a Schleuniger Tablet Hardness Tester or a similar device, the pellets will break when a force of 7‐12 kiloponds is applied.

Other Parameters

Essential vitamins Microgram/gram

Thiamine 0.15

Riboflavin 0.05

Niacin 0.5

B‐Complex Vitamins Micrograms/grams

Pyridoxine 30 ‐ 60

Pantothenic acid 100 ‐ 150

Free folic acid 1 ‐ 3

PABA (para‐aminobenzoic acid) 2500 ‐ 3000

Inositol 3500 ‐ 4500

Biotin 0.6 – 2.0

Vitamin B‐12 0.03 – 0.05

Minerals Milligrams/grams

Potassium 18 ‐22

Phosphorus 15 ‐ 20

Calcium 2 ‐ 5

Magnesium 1.5 – 2.0

Silicon 0.3 – 0.5

Iron 0.15 – 0.2

Sodium 0.1 – 0.2

Zinc 0.1 – 0.15

Manganese 0.03 – 0.04

Aluminum 0.025 – 0.03

Copper 0.015 – 0.02

Iodine 0.004 – 0.005

Lead 0.003 – 0.004

Nickel 0.001 – 0.002

Microgram/gram

Cobalt 0.04

Amino Acid Composition based on 16% N of 100% protein

Amino Acid Protein (%)

Lysine 8.5

Methionine 1.5

Chysteine 1.0

Tryptophan 1.4

Phenylalanine 5.1

Threonine 5.1

Leucine 8.0

Isoleucine 4.9

Valine 5.6

Arginine 5.4

Histidine 2.2

Tyrosine 4.3

Glutamic Acid 14.5

Glycine 4.4

Alanine 6.1

Aspartic Acid 8.6

Proline 0.5

Serine 3.8

Quality Assurance Surveillance ‐ Testing and Field Bioassay

APHIS may choose to conduct a field bioassay from a sample of the delivered Torula yeast/borax pellets.

Prior to field bioassay a sample from the delivered product will be tested to ensure it conforms with the analytical specification outlined in the statement of work. APHIS will use a control/standard to conduct the bioassay of the delivered Torula yeast product. Both of these steps will be conducted after initial inspection/acceptance. The Government may exercise its post‐acceptance rights in accordance with clause 52.212‐4 based on testing and field bioassay results. The expectation is that the torula will capture equal number of target flies as the control/standard.

1‐YEAR PRODUCT QUALITY GUARANTEE

The contractor shall provide the Government at least the same warranty terms offered to the general public in customary commercial practice. At minimum, the contractor shall guarantee product quality for full compliance with contract specification, terms, and conditions for 1 full year from the date of acceptance. The unused portion of product samples from the samples that were taken upon delivery for inspection and acceptance testing may be analyzed by the Government or independent laboratory at any time, including within approximately 60 days prior to the end of the minimum 1‐year product warranty period. (See clause 52.212‐4 (a) and (o)).

PACKAGING AND MARKING

1. The Contract Number shall be placed on all exterior mailing or shipping labels of deliverable items.

2. Indicate Ordering Period

3. Contents:

4. Storage Instructions:

5. Manufacturer’s Name and Logo:

6. Date of Production:

7. Lot/Batch Number:

The pellets shall be packaged in durable crush‐proof fiberboard drums for shipment of 25 but no more than 50 pound to prevent breakage during transit, storage and normal handling. Each drum shall have a moisture‐proof plastic lining and will include a prepackaged desiccant approved for use in food products.

Each shipment shall have a Certificate of Analysis for conformance to specifications.

DELIVERY

Deliver FOB Destination to the following location:

USDA APHIS PPQ

22675 N. Moorefield Rd.

Warehouse Building 6420

Edinburg TX 78541

Attn: Gabriel Lopez

956‐207‐9594

Delivery shall be coordinated with the Local Point of Contact at least 24 hours prior to delivery. Items shall be delivered within 60 days following the issuance of a delivery order.

Technical Point of Contact:

Martha Garza Martha.Garza@aphis.usda.gov 956‐205‐7604

Local Point of Contact:

Gabriel Lopes Gabriel.Lopez@aphis.usda.gov 956‐205‐7600

2.0 CLAUSES

The following clauses are incorporated by full text:

52.212‐5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL ITEMS (JAN 2017)

(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 and 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:

X__ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 2016) (Pub. L. 109‐282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204‐14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section

743 of Div. C).

__ (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (Oct

2016) (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).

X__ (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 Set‐Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219‐7, Notice of Partial Small Business Set‐Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219‐7.

__ (iii) Alternate II (Mar 2004) of 52.219‐7.

X__ (16) 52.219‐8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219‐9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219‐9.

__ (iii) Alternate II (Nov 2016) of 52.219‐9.

__ (iv) Alternate III (Nov 2016) of 52.219‐9.

__ (v) Alternate IV (Nov 2016) of 52.219‐9.

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

X__ (19) 52.219‐14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219‐16, Liquidated Damages—Subcon‐tracting 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. 657 f).

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 (Oct 2016) (E.O.

13126).

X__ (27) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

X__ (28) 52.222‐26, Equal Opportunity (Sept 2016) (E.O. 11246).

X__ (29) 52.222‐35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

X__ (30) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X__ (31) 52.222‐37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

X__ (32) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

X__ (33)(i) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222‐54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) 52.222‐59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222‐59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

X__ (36) 52.222‐60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

__ (ii) Alternate I (May 2008) of 52.223‐9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

__ (38) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (39) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40)(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.

__ (41)(i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (JUN 2014) (E.O.s 13423 and

13514).

__ (ii) Alternate I (Jun 2014) of 52.223‐14.

__ (42) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (43)(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__ (44) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (45) 52.223‐20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223‐21, Foams (JUN 2016) (E.O. 13693).

X__ (47) 52.225‐1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (48)(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.

__ (49) 52.225‐5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X__ (50) 52.225‐13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (51) 52.225‐26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (52) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

__ (54) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__ (55) 52.232‐30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

X__ (56) 52.232‐33, Payment by Electronic Funds Transfer—System for Award Management (Jul

2013) (31 U.S.C. 3332).

__ (57) 52.232‐34, Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (60)(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).

__ (9) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792).

__ (11) 52.237‐11, Accepting and Dispensing of $1 Coin (Sept 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 (Nov 2016) (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 (l) of FAR clause 52.222‐17.

(iv) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222‐26, Equal Opportunity (Sept 2016) (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 (Feb 2016) (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) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O

13627). Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 and 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).

(xvi) 52.222‐59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017;

applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222‐59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.222‐60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).

(xviii) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) 52.225‐26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 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.

(xxi) 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)

52.216‐18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued according to the following schedule:

Ordering Period 1: Notice of Award through April 30, 2018 Ordering Period 2: May 1, 2018 through April 30, 2019 Ordering Period 3: May 1, 2019 through April 30, 2020 Ordering Period 4: May 1, 2020 through April 30, 2021 Ordering Period 5: May 1, 2021 through April 30, 2022

(b) All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) For the purposes of this contract, a delivery order must be in writing and signed by the Contracting Officer. Orders may be issued by mail, by fax transmission, by personal service, or by electronic transmission. A delivery order shall be considered to have been issued: (1) at the time the Government transmits written notification to the Contractor if transmission is by fax, mail, or other electronic means; (2) at the time the contractor receives the order if the transmission is by mail or personal service.

(End of Clause)

52.216‐19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 40 drums (1 drum = 50 lbs) the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor ‐‐

(1) Any order for a single item in excess of 1,000 drums (1 drum = 50 lbs).

(2) Any order for a combination of items in excess of 1,000 drums (1 drum = 50 lbs); or

(3) A series of orders from the same ordering office within seven (7) business days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216‐21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum‐order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two (2) business days after issuance, with written notice stating the Contractor’s intent not to perform the services called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.216‐22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite‐quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 days after contract expiration.

452.216‐73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the base period specified in FAR clause 52.216‐18, Ordering, the Government shall place orders totaling a minimum of $10,000. Delivery Orders will not exceed a cumulative maximum of $1,000,000 from date of award through date of contract expiration.

The following clauses are incorporated by reference:

52.203‐3 GRATUITIES

52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.212‐4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN 2017)

52.212‐4 ADDENDUM: Paragraph (g), Invoices, is revised to include the following statement: All invoices shall be submitted through the Invoice Processing Platform (IPP) at www.ipp.gov. IPP is a secure, web‐based service that manages government invoicing.

52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.232‐2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

52.247‐34 F.O.B DESTINATION (NOV 1991)

52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

3.0 SOLICITATION PROVISIONS

52.204‐20 PREDECESSOR OF OFFEROR (JULY 2016)

(a) Definitions. As used in this provision‐‐ “Commercial and Government Entity (CAGE) code” means‐‐

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”).

Predecessor legal name: ______________________________.

(Do not use a “doing business as” name).

52.209‐5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that ‐‐

(i) The Offeror and/or any of its Principals ‐‐

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three‐year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract;

violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209‐7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three‐year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability.

This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms.

The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three‐year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director; owner; partner;

or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

52.209‐7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non‐judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite‐ delivery, indefinite‐quantity, 8(a), or requirements contracts (including task and delivery and multiple‐award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204‐7).

(End of provision)

52.212‐1 ADDENDUM

FAR 52.212‐1 (a), Submission of offers, is replaced in its entirety by this addendum.

(a) Submission of offers. Submit signed and dated offers to Lisa Draves at lisa.a.draves@aphis.usda.gov at or before the exact time specified in this solicitation.

A COMPLETE PROPOSAL SHALL INCLUDE THE FOLLOWING INFORMATION:

(1) SF 1449 or Cover Page. Offers may be submitted on the SF 1449 or cover page.

Reference the solicitation number, company name, address, point of contact information, and DUNS number.

(2) Pricing Schedule. Provide a unit price for each line item as specified in the Pricing

Schedule. Alternative pricing schedules will not be considered.

(3) Past Performance References. Provide at least two (2) past performance references for recent and relevant work performed by the offeror within the last three years. Include project title, description, dollar value, dates performed, location, and contact information (name, title, valid email, and phone).

Past Performance is a measure of the degree to which an Offeror was successful on previous projects, as measured by the level of past customer satisfaction. It is also a measure of the degree to which the Offeror has complied with federal, state, and local laws and regulations. The Government may contact any or all of the past performance references provided by the Offeror in response to this solicitation, and may also use information obtained from any other sources, including Government files or data obtained through interviews with personnel familiar with work performed by the contractor. In the case of an offeror for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably provided the offeror certifies that past performance information is not available and provides an acceptable explanation as to why additional past performance information is not available.

(4) Acknowledgement of any amendments to this solicitation.

Proposals will be evaluated in accordance with 52.212‐2, Evaluation – Commercial Items. Offerors are responsible for ensuring completeness of proposals. The Government may evaluate solely on the information provided in the initial offer. Proposals that fail to include the required information or reject the terms and conditions of the solicitation may be excluded from consideration. Alternate Pricing Schedules will not be considered.

52.212‐2 EVALUATION ‐‐ COMMERCIAL ITEMS (OCT 2014)

Evaluations will be conducted in accordance with Simplified Acquisition Procedures (FAR Part 13.106‐2).

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Price

(ii) Past Performance

52.212‐3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS (JAN 2017)

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 located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means‐‐

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

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

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA‐approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are‐‐

(1) Department of Labor Wage and Hour Division (WHD) for‐‐

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis‐Bacon Act;

(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(vi) The Family and Medical Leave Act; and

(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for‐‐

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA‐approved State Plans;

(4) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for‐‐

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(5) National Labor Relations…