Amendment 1_Financial Responsibility.pdf

AG-DPRO-S-12-9980

SECTION H

SPECIAL CONTRACT REQUIREMENTS

appearance in commercial or other channels of containers and container materials bearing markings indicative of USDA programs may cause USDA expense in determining whether commodities have been diverted from authorized use and in answering inquiries.

H. 22 Annual Representations and Certifications: The Contractor's completed Section K, FAR 52.204- 8 Annual Representations and Certifications, (May 2011) is hereby incorporated after award by reference with the same force and effect as it set forth in full text.

H. 23 Privity of Contract: The Contractor is the Prime Contractor for the life of the contract and is responsible for all actions of its subcontractors, teaming arrangement, if any. The Contractor shall provide a single point of contact that will function as a primary interface for all contractual matters arising from the contract.

Note: Any subcontracting or teaming arrangement that is provided in the Contractor’s proposal for storage facilities for Freezer, Dry or Cooler space must ensure that the Qualification Standards for the Processed Commodities Storage Agreement (PCSA) have been met, as referenced in the solicitation.

H. 24 Contract Closeout: It is the intent of the CO to perform contract closeout procedures on the contract as well as Task Orders that are issued. The Contractor agrees to perform any functions necessary to support this process in a timely manner. Contract closeout will occur, as soon as possible, after completion and acceptance of Task Order performance.

H. 25 Financial Responsibility: A prospective contractor shall demonstrate that it has adequate financial resources to perform the contract or the ability to obtain them as required by FAR 9.104-3(a), including the availability of necessary working capital and satisfactory credit. This may include, but is not limited to, the financial protection against losses as set forth in FAR Part 28.

In order to determine financial responsibility, KCCO may request a prospective contractor submit, prior to award, its latest complete comparative financial statement. The financial statement must be prepared in accordance with Generally Accepted Accounting Principles in the United States (U.S. GAAP), and be audited or reviewed by an independent certified public accountant in accordance with standards established by the American Institute of Certified Public Accountants. At a minimum, the statement should include a balance sheet, profit and loss statement, statement of cash flows, statement of retained earnings and any notes to the financial statement. For partnerships, the last fiscal year end or current financial statement of the partnership and the personal financial statement of each partner will be required. For individuals, financial statements that include all of his/her personal and business assets and liabilities will be required. Failure to submit the required financial information may result in the contracting officer determining a prospective contractor nonresponsible. A small business determined to be nonresponsible will be referred to the Small Business Administration for consideration of a Certificate of Competency in accordance with FAR Subpart 19.6.

Financial statements should be submitted either by mail or courier/hand-delivered. Statements must be sealed in an envelope addressed as follows:

For Postal Service Mailing Address:

CONFIDENTIAL

USDA – Farm Service Agency, Kansas City Commodity Office

AG-DPRO-S-12-9980

Beacon Facility - Mail Stop 8718 Attn: Wayne A. Oliver P.O. Box 419205 Kansas City, MO 64141-6205

For Express Delivery Packages:

CONFIDENTIAL

USDA - Farm Service Agency, Kansas City Commodity Office Beacon Facility - Mail Stop 8718 Attn: Wayne A. Oliver 9240 Troost Ave Kansas City, MO 64131-3055

Questions regarding financial responsibility should be directed to Wayne A. Oliver, Contracting Officer, at (816)926 2503, Fax (816)823 4195, Email wayne.oliver@kcc.usda.gov.)