Solicitation_AG-INTS-S-16-0001_DR_Congo _Burundi _Mauritania.docx

Solicitation: # AG-INTS-S-16-0001

United States Department of Agriculture

FARM SERVICE AGENCY

Commodity Operations

The U.S. Department of Agriculture (USDA), Farm Service Agency (FSA), Deputy Administrator for Commodity Operations (DACO) requests proposals from responsible sources to provide marine cargo discharge/delivery survey services in the countries of the Democratic Republic of the Congo, Burundi and Mauritania.

The services will include surveys of containerized, and/or breakbulk, and/or bulk commodities for food assistance programs. It is the intention of the Government to award a fixed-price requirements contract with optional economic price adjustment to one firm to survey commodities for food assistance programs for each of the countries listed above.

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

December 1, 2015

Solicitation # AG-INTS-S-16-0001

Contents

C. FAR 52.212-3 Offeror Representations and Certifications—Commercial Items (Nov 2015)………………………..26

I. Solicitation Form

1. Solicitation Number: AG-INTS-S-16-0001

2. Solicitation Issue Date: December 1, 2015

3. Issued and Administered By:

USDA-Farm Service Agency-Deputy Administrator for Commodity Operations International Procurement Division Beacon Facility- Mail Stop 8738 P.O. Box 419205 Kansas City, MO 64141-6205

4. Solicitation Type: Request for Proposals (RFP)

5. Offer Due Date/Local Time: Friday, January 8, 2016 at 10:00 A.M. Central Time

6. Award Information Available By: Friday, January 22, 2016 at 4:00 P.M. Central Time

7. Public Release of Award By: Tuesday, January 26, 2016 at 4:00 P.M. Central Time

8. Solicitation Information Contact:

Name: Kyla Stoufer Telephone: 816-926-8828 E-mail: kyla.stoufer@kcc.usda.gov

9. This Acquisition is:

1. Schedule of Services: It is anticipated that food aid cargoes requiring marine cargo discharge/delivery survey services will be shipped to the following country:

· Democratic Republic of the Congo

· Burundi

· Mauritania

11. Place of Performance: See Section IV.B. for Scope of Work.

12. Submit survey reports and invoices to:

USDA-FSA-DACO

Contract Reconciliation Division - Export Debt Branch Beacon Facility - Mail Stop 8758 2312 East Bannister Road Kansas City, MO 64141-3011

For express mail:

USDA-FSA-DACO

Contract Reconciliation Division - Export Debt Branch Beacon Facility - Mail Stop 8758 2312 East Bannister Road Kansas City, MO 64141-3011 For questions concerning invoices contact Martha Locke at 816-926-2992 or Dennis Atkins at 816-926-1532.

13. Contract Type:

14. Accounting and Appropriation Data:

Funding for the service contracts awarded under this solicitation will be provided through the applicable funding source used for the procurement of the food aid that is to be surveyed.

15. Solicitation incorporates FAR provisions 52.212-1, 52.212-2, 52.212-3 and clauses 52.212-4 and 52.212-5. These provisions and clauses are included within this document either in their entirety or by reference only.

16. USDA Contracting Officer

/s/ Daniel Webber, Contracting Officer

II. General Description

The Farm Service Agency procures staple foods for use in various international food aid programs administered by the U.S. Agency for International Development (USAID) and USDA’s Foreign Agricultural Service (FAS). The food is purchased in bulk and packaged form and transported overseas by ocean carriers to discharge ports or foreign inland destinations for delivery to Non-Governmental Organizations (NGO), Private Voluntary Organizations (PVO), or foreign governments. Given the inherent nature of transporting bulk and packaged food long distances by sea and overland in foreign nations, there is a potential for loss or damage. To address this risk, the Government is seeking to hire marine cargo survey companies to attend at discharge locations and, if applicable, customs and final delivery locations in order to witness and examine cargoes, document the count and condition of these food aid shipments and activities related to disposition, and provide a written report. The survey reports issued by the Contractors will be used by the Government to fix responsibility for loss and damage to the food aid. The Statement of Work under Section IV.A. provides the Government’s requirements.

Under certain circumstances, DACO may require that ancillary services be performed. Examples of such services include sampling of damaged commodities and providing analysis of suspected unfit cargoes.

Pursuant to FAR 15.306(a)(3), the government intends to evaluate proposals and make award without discussions. However, the Government reserves the right to hold discussions, if necessary.

Provisions and clauses in effect through FAC 2005-83-3 are incorporated into this RFP, as applicable.

III. Contract Clauses

A. FAR 52.212-4 Contract Terms and Conditions—Commercial Items (Dec 2014) A.1 Addenda to FAR 52.212-4

1. Addendum to Paragraph (a) Inspection/Acceptance. The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract. Inspection and acceptance will be performed at: United States Department of Agriculture, Deputy Administrator for Commodity Operations, 6501 Beacon Drive, Kansas City, Missouri, 64133-4676.

2. Addendum to Paragraph (b) Assignment.

If requesting assignment of claims under the contract, the contractor may use USDA forms CCC-251 (Notice of Assignment) and CCC-252 (Instrument of Assignment), which may be obtained at: http://www.fsa.usda.gov/FSA/webapp?area=home&subject=coop&topic=pas or the contractor may use its own forms provided the forms are essentially consistent with CCC-251 and CCC-252 in content.

3. Addendum to Paragraph (e) Definitions.

(1) “COTR” means Contracting Officer Technical Representative duly authorized by the Contracting Officer.

(2) "Major damage" means damage that in the estimation of the surveyor exceeds USD $20,000.

(3) "Materials" applies to other direct costs, including travel expenses.

(4) "NGO" means non-governmental organization which receives the food aid to be surveyed.

(5) "TBL" means through bill of lading.

(6) "Third party lab" means a laboratory meeting international ISO testing standards that is not affiliated/associated with either the ocean carrier or receiver involved in the shipment.

4. Addendum to add Paragraph (v) – Submission of deliverables All survey reports and related survey documentation shall be submitted concurrently with the associated invoice to the address in Section I Solicitation Form. Deliverables and invoice may be submitted electronically to the COTR.

(End of addenda) A.2. Additional Clauses AGAR 452.211-74 Period of Performance. (Feb 1988) The base period of performance of this contract is from

(End of Clause)

AGAR452.211-75 Effective Period of the Contract. (Feb 1988) The effective period of this contract is from February 1, 2016, contract award through the through date of clause 452.211-74.

(End of Clause) FAR 52.216-4 Economic Price Adjustment - Labor and Material (Jan 1997)

(a) The Contractor shall notify the Contracting Officer of any Economic Price Adjustment (EPA) needed, that is, if, at any time during contract performance, the travel costs shown in the Rate Schedule (Form KC-337EPA REVERSE, page 2) submitted with the proposal either increase or decrease. The Contractor shall furnish this notice, in writing, not later than the date of final payment under this contract. The notice shall include the Contractor’s proposal for an adjustment in the travel costs to be negotiated under paragraph (b) of this clause, and shall include supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor’s adjustment proposal.

(b) Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment and its effective date. The Contracting Officer shall modify this contract to include the price adjustment and to revise the unit prices of material as shown in the Schedule to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

(c) Any EPA under this clause is subject to the following limitations:

(1) Only changes in the Contractor’s expenses relative to the travel itemized on the Rate Schedule (Reverse) Additional Expenses will be considered for an EPA. Reimbursement of travel expenses not included on the Rate Schedule shall not be considered, unless pre-approval is obtained from the Contracting Officer, and will only be made in unusual and compelling circumstances. Travel costs are separate and distinct from the fixed rate portion of the Rate Schedule (page 1) and include expenses such as airfare or other transportation costs relative to the conduct of the contract.

(2) The contractor shall only be reimbursed for actual costs incurred by and paid to the Contractor’s employees that are required to accomplish the task of performing discharge/delivery survey services for the Government under this contract. The Government reserves the right to verify independently that the travel costs are fair and reasonable. Charges associated to changes in the travel itinerary are not reimbursable unless the charges are directly attributable to changes in the performance of the contract to meet the Government’s needs.

(3) No upward adjustment shall apply to services that are required before the effective date of the adjustment, unless the Contractor’s failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Default clause.

(4) The aggregate of the increases in any contract unit price made under this clause shall not exceed 10 percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

(d) The Contractor shall furnish documentary proof of all travel expenditures along with the invoice as described in Section III. A.1 Addenda to FAR 52.212-4.

(End of Clause)

FAR 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 from February 1, 2016 through September 30, 2020.

(b) All delivery orders or task 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) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

FAR 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 one ocean container [for containerized cargoes], 75 metric tons [for breakbulk], or 500 metric tons [for bulk cargoes], 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 450 ocean containers [for containerized cargoes], 40,000 metric tons [for breakbulk], or 65,000 metric tons [for bulk cargoes];

(2) Any order for a combination of items in excess of 450 ocean containers [for containerized cargoes], 40,000 metric tons [for breakbulk], or 65,000 metric tons [for bulk cargoes]; or

(3) A series of orders from the same ordering office within two days that together call for quantities exceeding the limitation in paragraph (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 three (3) days after issuance, with written notice stating the Contractor’s intent not to perform the service called for and the reasons. Up on receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause) FAR 52.216-21 Requirements. (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) 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 sixty (60) days after the through date in clause 452.211-74.

(End of Clause)

AGAR 452.216-73 Minimum and Maximum Contract Amounts (Feb 1988) During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of not applicable, but not in excess of 5,000,000 metric tons.

(End of clause)

FAR 52.217-8 Option to Extend Services. (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within sixty (60) days prior to contract expiration date.

(End of clause)

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of clause)

FAR 52.232-18 Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of Clause) FAR 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond September 30, 2016. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2016, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

AGAR 452.246-70 Inspection and Acceptance (Feb 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: United States Department of Agriculture, Deputy Administrator for Commodity Operations, 6501 Beacon Drive, Kansas City, Missouri, 64133-4676.

(End of clause)

FAR 52.247-5 Familiarization with Conditions (Apr 1984) The offeror shall become familiar with all available information regarding difficulties that may be encountered and the conditions, including safety precautions, under which the work must be accomplished under the contract. The offeror shall not be relieved from assuming all responsibility for properly estimating the difficulties and the cost of performing the services required in this contract because the offeror failed to investigate the conditions or to become acquainted with all information concerning the services to be performed.

(End of clause)

FAR 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 full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/ http://www.usda.gov/procurement/policy/agar.html (End of clause) B. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Nov. 2015)

(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:

[Contracting Officer check as appropriate.] _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.)

__ (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).

__ (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] __ (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.

__ (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. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (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 (Jan 2014) (E.O. 13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (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).

__ (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).

__ (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)(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 Televisions (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.

__ (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 (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 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).

__ (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 2014)(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 (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 (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 (l) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

___(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 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 2014) (Executive Order 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)

IV. Contract Documents and Attachments A. Statement of Work

1. Background To address risks inherent with shipping U.S. food aid to overseas destinations, the Government is seeking to hire a marine cargo survey company to attend, witness, and examine food cargoes, document the count and condition of these food aid shipments and activities related to disposition, and provide a written report. In general, we are seeking an experienced survey firm with a proven performance record conducting like work.

2. Government Contact Information Upon contract award the Contractor will be advised of the individual serving as the COTR for the contract and the individual serving as COTR for report and invoice submission, including applicable phone numbers and E-mail addresses.

3. Availability and Notification The Contractor shall be available on 48 hour notice of the shipments. Attendance may be required simultaneously at numerous locations.

4. Task Orders

a. The Government intends to issue task orders electronically pursuant to 4.b. below; however, it reserves the right to issue task orders orally, by email, or by facsimile, if necessary.

b. Once the cargo has lifted, the COTR shall provide the Contractor a task order which will include information detailing the cargo to be surveyed with identifying information, the vessel on which it is shipped, the destination(s) with estimated arrival date, attendance location(s), and contact information. The instructions on the task order will identify the shipment terms (ie: port-to-port or through bill of lading) to define the prices used.

c. The task order will be issued to the survey contract holder on the basis of where the survey work ends. Shipments for which title transfers at the discharge port will be awarded on the discharge port country survey contract, if one exists. Those shipments considered by USDA to be on a through bill of lading requiring attendance at both the discharge port and inland location(s) will be awarded on the survey country contract of the inland location.

5. Conveyances Bulk cargoes will be typically shipped in bulk and tanker vessels; packaged cargoes in bulk or breakbulk vessels, lash barges, or in containers. Cargoes will be shipped port-to-port or on through bills of lading where the cargoes are transported to inland locations.

6. Products The products subject to marine cargo discharge/delivery survey service include dry staple foods such as rice, peas, beans, and lentils; dry blended foods such as wheat-soy blend and corn-soy blend; and vegetable oil. This food aid is packaged in polypropylene or paper bags ranging in size from 20 pounds to 50 kilograms, cardboard cartons containing consumer-pack quantities, liquid 20 liter pails, 6/4 liter containers, and 208 liter drums. Bulk grain and oil cargoes may be shipped such as wheat, corn, soybeans, soybean meal and vegetable oil.

7. Communications The Contractor shall provide timely replies to inquiries, within seven (7) working days.

B. Scope of Work

1. The surveyor is required to attend at the discharge and delivery of all food aid cargoes covered by the contract. These locations include:

a. the discharge port

b. the delivery location(s), as applicable

c. for containerized shipments, at any customs locations outside of port areas where the containers are to be opened.

2. Below is a list of all the countries for which the Government intends to award an indefinite delivery requirements contract. A separate contract will be awarded for each country, with only one contract holder per country. Offerors may submit proposals for more than one country; however, each country offer shall be submitted as a separate proposal, i.e. technical and price proposal specific for each country offer. An offeror may be awarded more than one contract. Please include any geographic limitations in your proposal.

a. Burundi

b. Democratic Republic of the Congo (Generally speaking, commodities will typically be containerized, and the discharge port(s) could be on either side of the continent. Discharge ports used in the past include; Dar es Salaam and Matadi. Attendance may be required at various inland locations within D. R. Congo)

c. Mauritania

C. Required Services

The Contractor shall provide all management, supervision, and personnel to provide the following under the contract:

D. Deliverables

PERFORMANCE

STANDARD

1. For containerized shipments, the following factors must be elements of a written report:

1. the quantity of cargo discharged/ delivered

1. the condition of cargo discharged/delivered, including a complete description of the type and severity of the damage, and give probable cause of damage.

1. check vessel holds before and after discharge

1. list container numbers and seal numbers at time of discharge/ customs/delivery

1. personally observe discharge/ delivery and comment on container conditions and annotate container defects, if any

1. signed, legible, accurate original stroke tallies

1. attendance and reporting on accessing containers at customs locations

1. report of infestation, if any

1. photographs of any broken seals on the containers

2. For breakbulk shipments, the following factors must be elements of a written report:

· the quantity of cargo discharged/ delivered

· the condition of cargo discharged/delivered, including a complete description of the type and severity of the damage, and give probable cause of damage.

· check vessel holds before and after discharge

· personally observe discharge/ delivery

· signed, legible, accurate original stroke tallies

· for TBL shipments, attendance and reporting on loading of land conveyance.

· report of infestation, if any

3. For bulk shipments, the following factors must be elements of a written report:

· the quantity of cargo discharged/ delivered

· the condition of cargo discharged/delivered, including a complete description of the type and severity of the damage, and give probable cause of damage.

· check vessel holds before and after discharge

· conduct draft surveys to establish quantity on free-out shipments, at lightering operations and at ports where scales not available

· personally observe and describe in detail the discharge/delivery process

· scale information including scale location, scale type, date of last calibration, and other factors affecting scale weight accuracy

· for TBL shipments, attendance and reporting on loading of land conveyance

· for liquid cargoes and tallow, condition of pumping equipment and shore tanks/tank trucks

· provide the actual (or estimated, if actual not available) weight loss of any shortage, or damaged cargo and the type and severity of damage

· if bulk cargo is being bagged, observe bagging operation and report the quantity bagged; document the total bag count and weight and the method of such determination; forward original stroke tallies with the survey report to document the quantity of cargo bagged and stacked.

4.B. Evidence that written notice of loss was presented to carrier/ carrier's representative within three days of discharge/delivery.

4.C. Observe, and provide documentation and evidence for the disposition of any damaged cargo.

· Document reconstitution efforts and results

· Obtain health officer's certificate for cargoes suspected to be unfit

· Provide disposal or destruction documentation

· The names of those present at discharge/customs inspection/ delivery/destruction, including names, titles, and organizational affiliations.

Submit samples for testing within one week of authorization:

· 100 percent compliance when major damage (damage that in the estimation of the surveyor exceeds USD $20,000) is present

· 75 percent compliance when value of the loss is minor USDA review of all Contractor’s reports.

5. Certifications signed by third parties (vessel personnel, NGO/ PVO representatives, customs representatives) establishing attendance by the Contractor at each location attended.

E. Applicable Documents The following legal/regulatory documents may be relevant to this acquisition:

· United States Carriage of Goods by Sea Act (COGSA);

· The Harter Act;

· 22 CFR 211—Transfer of Food Commodities for Food Use in Disaster…