B08_-_Solic_140F0422R0009_Fish_Feed_Full.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

F04

Atlanta GA 30345-3310

SUITE 310

1875 CENTURY BOULEVARD

FWS, DIVISION OF CONTRACTING AND GR

CODE 16. ADMINISTERED BYCODE

X

X

311119

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORF04

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/26/2022 1000 PD

07/11/2022

5038722825Robert Sung (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140F0422R0009

5. SOLICITATION NUMBER

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

1 66 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Atlanta GA 30345-3310

SUITE 310

1875 CENTURY BOULEVARD

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

FWS, DIVISION OF CONTRACTING AND GR

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

National Fish Feed BPA

Email:_____________________

CAGE:______________________

Unique Entity ID:_____________________________

Period of Performance: 09/05/2022 to 09/04/2032

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Robert Sung

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

66 2 of

National Fish Feed BPA SOLICITATION NO. 140F0422R0009 FWS Page 3 of 66

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

This requirement is for National Fish Feed, Multiple Award Blanket Purchase Agreeement.

Vendor to provide catalog fish feed pricing, valid for atleast six (6) months.

PERIOD OF PERFORMANCE: See Section F.

(End of Section B)

FWS Page 4 of 66

SECTION C – STATEMENT OF WORK

SPECIFICATIONS – National Fish Food Blanket Purchase Agreement

General Specifications:

The contractor will include the feed lot numbers on the invoice and/or the shipping receipts and the feed bag tag.

General Specifications apply to all feeds listed in this document

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications in accordance with the following Technical Specifications.

The contractor, when contacted about a feed problem, will take no longer than two business days to respond, address the complaint, and develop a timeline to resolve the issue with the COR or Fish Health personnel (same day response preferred). If the resolution is not to the satisfaction of the complainant, the Contracting Officer will be contacted.

Manufacturing Schedule:

USFWS desires as recently manufactured feed as possible. That said, at a minimum, feed shall have been manufactured no more than 60 days prior to time of delivery (when ordered during a feed production window) with a minimum remaining shelf life of no less than 90 days. Shipment of feed that fails to meet these specifications may be accepted with written permission (e.g., email) from the appropriate hatchery manager prior to any shipment.

Medicated feed may be required on an emergency basis and will be requested with as much lead time as possible.

The contractor will follow the Best Management Practices for Manufacturing, Packaging and Distributing Animal Feeds and Feed Ingredients. A copy is attached and was found on the Association of American Feed Control Officials (AAFCO) website.

In addition to the Best Management Practices, the feed bag will be labeled with the numeric date of manufacture and lot number. Each delivered feed container shall have a label attached that meets industry standards for labeling. This includes, but is not limited to brand of feed, milling/manufacturing date of the feed, expiration date, feed size, lot number, special storage requirements if necessary, guaranteed analysis, and a listing of all major raw materials used.

Unopened containers of feed, properly stored, will have a guaranteed shelf life of not less than 90 days from date of manufacture.

The USFWS has the right to conduct analyses of manufactured feeds as delivered to determine if they meet the required labeled specifications for protein, lipid, moisture and ash. These analyses shall be conducted according to Association of Official Analytical Communities procedures. Additional analyses may be conducted as needed. Feed found to be noncompliant will be rejected, returned, and replaced at no cost to the Government.

Analysis methods will be as follows:

Analysis Method:

Crude Protein 984.13 or 968.06

FWS Page 5 of 66

Crude fat 920.39 or 954.02

Ash 942.05

Moisture 930.15

**Peroxide* Cd 8-53

**Free Fatty Acids Ca 5a-40

**TBA Cd 19-90

* Lipid quality methods are American Oil Chemists' Society (AOCS) standard methods.

** Expectations: Fresh oil = Peroxide 3-10 meq/kg, oil and Free Fatty Acids ~3%; TBA <10 mg MA/kg

American Oil Chemists' Society, 2710 S. Boulder, Urbana, IL 61802-6996

All methods except for the lipid quality parameters are taken from the Official Methods of Analysis of AOAC International, 21st Ed. 2019 Association of Analytical Communities, 481 N. Frederick Ave, Suite 500, Gaithersburg, MD 20877- 2417.

Packaging:

Finished bagged feed must be packaged in accordance to industry best practices (ex. plastic or sewn polylined paper bags). Net weight of the contents within the bags shall not exceed 25 kg or 55 lbs.

Shipping and Storage:

Bag Feed

Unopened bags of feed that have been properly stored shall have a shelf life of not less than 90 days. Feed shall be shipped on pallets not to exceed a metric ton in weight and shrink wrapped to protect the feed and those unloading the delivery. That said, site specific delivery parameters and restrictions may be determined at the time of each call.

These parameters could include the need for a lift or to have the carrier unload the product as well as the adjusting the maximum weight of any given palletized shipment.

Bulk Feed

Unless otherwise specified in the Schedule, Supplies or Services and Prices/Costs, bulk deliveries MUST be made in bulk feed trucks, which have been weighed before and after loading the bulk feed orders. The weight ticket MUST be furnished to the hatchery staff at the time of delivery. The driver must be capable of delivering the feed from the bulk truck to the hatchery's bulk bin elevator hopper or directly into the storage bins, as with pneumatic or belly dump delivery, with no assistance from Government personnel. Bag deliveries cannot be made to fill an order for bulk feed. The government may weigh bulk orders, selected on a random basis, on a certified scale to verify accuracy of weight.

The interior of all bulk feed trucks MUST be thoroughly cleaned prior to loading to prevent contamination of fish food. They must be cleaned in a manner that removes any particulate material or potential residual contaminants left in the interior of bulk feed trucks previously used to haul other bulk products. Contractor shall ensure all drivers who deliver fish food under this contract are aware of these specifications. If delivery is subcontracted, the

FWS Page 6 of 66 subcontractor will provide every driver used to deliver fish food under this contract with these specifications. The prime contractor is responsible for ensuring that these specifications are used throughout any delivery chain they select.

Deliveries are to be made Monday through Friday, except federal holidays, between the hours of 7:00 AM and 2:00 PM (local time) unless approval is granted by the hatchery manager prior to delivery. No later than three calendar days prior to delivery, please contact the hatchery manager to arrange a specific time for delivery. All deliveries shall be shipped FOB Destination.

Additional Specifications:

There will be no more than 10% remilled feed in the finished product.

The protein/energy ratio and palatability of the feed will be such to provide healthy growth (e.g., acceptable feed conversion ratio) and acceptability in all fish species for which the feed was manufactured, under diverse environmental conditions.

Antioxidants in the finished feed and oils must be stabilized with industry standard practice antioxidants such as ethoxyquin not to exceed 150 ppm in finished feed or BHA-BHT not to exceed 200 ppm. Fish oils must be stabilized with the maximum allowable levels of antioxidants.

The vitamin and mineral levels in the finished feed shall meet or exceed the growth and health requirements of the fish for which the feed was manufactured, under diverse environmental conditions.

All feeds made available in the BPA must be screened and sized to contain not less than 95% correct size particles.

Dust content (dust defined as particles that pass through a #30 U.S. Standard Sieve) is not to exceed 3% at point of delivery.

Diameter and length of pellet shall be approximately equal; length can be 1.5 x the diameter.

Recirculating Aquaculture System (RAS) Feed - a proven diet, i.e., food that has been fed and shown to produce no ill effects, containing the necessary nutritional requirements to maintain the fish in a healthy condition without supplemental feeding of any kind. The feed will be formulated such that it is highly digestible to minimize nitrogen and fecal solids loss to the rearing water. In addition, the fecal particles will be highly stable and will remain a size large enough for efficient removal by the RAS.

Delivery:

Prices quoted must be FOB Destination

Shipping will be priced separately, but will be considered to be part of the price of the feed.

“F.O.B. destination” means Free of expense to the Government delivered on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, receiving dock, or bulk storage bins, at the expense of the contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or “constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, FWS Page 7 of 66 supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarder for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery when required, if transfer to truck is required to complete delivery to consignee. On bulk deliveries, the truck driver is required to connect hoses, operate pneumatic system, open gates, etc. required to get the feed from the delivery truck to the FWS bulk storage facility.

Contractor Responsibilities:

The contractor shall:

1a. Pack and mark the shipment to comply with contract specifications; or

1b. In the absence of specifications, prepare the shipment in conformance with carrier requirements.

2. Prepare and distribute commercial bills of lading.

3. Deliver the shipment in good order and condition to the point of delivery as specified in the BPA or by the individual hatchery making the order.

4. Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the BPA.

5. Furnish a delivery schedule and designate the mode of delivering carrier; and

6. Pay and bear all charges to the specified point of delivery.

Delivery Location:

The product shall be delivered to the location(s) defined on each BPA Call. The hatchery will be responsible for maintaining access to bulk bins on hatchery property.

Ordering Notes:

Orders against this BPA will be placed by a FWS Contracting Officer via a BPA Call. Orders under $10K (including shipping) may be placed by designated FWS personnel and be paid for with a Government Purchase Card (GPC). The list of designated FWS personnel allowed to place GPC orders will be provided at time of award.

GUIDANCE/FRAMEWORK FOR BEST MANAGEMENT PRACTICES FOR MANUFACTURING,

PACKAGING AND DISTRIBUTING ANIMAL FEEDS AND FEED INGREDIENTS

As taken from AAFCO (Association of American Feed Control Officials, Inc.) manual.

I. Preamble

This document provides guidance and a framework to respective segments of the industry for developing and implementing “best management practices” for the manufacturing, packaging and distribution of animal feeds and feed ingredients. Such practices can help ensure the continued safety of feed for animals and food products of animal origin, thereby preserving human/animal health and retaining consumer confidence.

FWS Page 8 of 66

This guidance/framework document is designed to be an educational tool and information resource that can be used and distributed by:

· Feed regulatory officials, as part of ongoing inspection and education programs.

· Industry trade associations, as part of their model quality-assurance programs and education/training programs for their respective sectors of the animal feed and feed ingredient industry; and

· Individual companies engaged in the manufacturing, packaging and/or distribution of animal feed and feed ingredients, as a starting point for developing their own company-specific “best management practices.”

This guidance document is intentionally generic and performance-oriented, in recognition of the diverse nature of the animal feed and feed ingredient industries. The industries include a variety of ingredient suppliers and feed manufacturers, (including, but not limited, to oil seed meal producers and distributors; grain handlers and processors; animal protein renderers and suppliers; fat and oil suppliers; molasses processors and suppliers; vitamin and mineral suppliers; animal drug suppliers; commercial licensed mills; commercial non-licensed mills; on-farm mixer/feeders; large integrated operations; premixes; non- medicated laboratory diets; pet food manufacturers, etc.).

This guidance document provides a framework upon which industry-specific voluntary programs as discussed above can be developed. AAFCO encourages that it be used by all interested parties to focus on food safety issues important for respective segments of the industry.

II. Purpose

To provide a framework/guidance for the manufacturing, packaging or distribution of animal feeds and feed ingredients. It is intended that this document may be used as a framework for the development of feed ingredient and/or animal feed-specific pro- grams, where such additional guidance is needed. This guidance is designed to reflect the conditions of manufacturing currently accepted and generally practiced by the industry and provides flexibility to manufacturers to develop specific procedures that work best for their individual operation(s).

III. Terms and Definitions

The following terms and their corresponding definitions are used in this guidance document:

1. Adulterated means as defined within the Federal Food, Drug, and Cosmetic Act and Section 7 of the Association of American Feed Control Officials (AAFCO) Model Feed Bill.

2. Feed(s) means edible material(s) which are consumed by animals and contribute energy and/or nutrients to the animal’s diet.

3. Feed ingredient(s) means each of the constituent materials making up a commercial feed.

4. Lot means the feed or feed ingredient produced during a specified period of time.

5. Misbranding means as defined in Section 6 of the Association of American Feed Control Officials Model Feed Bill.

6. Pest refers to any objectionable animals including, but not limited to bats, birds, cats, rodents, insects and insect larvae.

FWS Page 9 of 66

7. Plant means the building, facility, or parts thereof, used for or in connection with the manufacturing, packaging, labeling or storage of feeds or feed ingredients.

8. Quality assurance program means written procedures specifying necessary precautions, inspections, and/or testing to minimize feed from becoming adulterated and/or misbranded.

9. Rework means feed or feed ingredients that have been reconditioned by reprocessing into products suitable for use in feed.

10. Supervision means a performance by a qualified individual to oversee the work of others.

IV. Personnel

Plant management should take all reasonable measures and precautions to ensure the following:

1. Cleanliness. All persons working in direct contact with feed and feed ingredients should conform to good hygienic practices. Personnel in contact with drugs and/or toxic materials should wash their hands prior to handling feed or feed ingredients.

2. Education and training. Employees should receive appropriate training in the quality-assurance issues applicable to their assigned responsibilities.

3. Supervision. Adequate supervision should be required to ensure compliance with the quality assurance program.

V. Buildings, Facilities and Equipment

A. Plant and grounds.

1. Grounds. The grounds of a feed or feed ingredient facility should be kept in a condition that will minimize the contamination of feed.

2. Plant construction and design. Plant buildings and structures should be suitable in size, construction and design to facilitate maintenance and cleaning operations for feed and feed ingredient- manufacturing purposes. Such design should include plans to minimize feed contamination.

B. Housekeeping operations

1. General maintenance. Buildings, fixtures, and other physical facilities of the plant should be kept in repair, sufficient to minimize feed from becoming adulterated.

2. Substances used in cleaning; storage of toxic materials. Cleaning compounds, toxic materials (e.g., lubricants, etc.) and pesticides should be appropriate for use, used only in accordance with labeled instructions and stored to minimize potential contamination of feed or feed ingredients.

3. Pest control. Effective measures should be taken to exclude pests from feed processing and storage areas, and to protect against contamination of feed or feed ingredients

C. Equipment

All equipment should be of suitable size, design, construction, precision and accuracy for its intended purpose and be capable of producing a product of uniform quality and safety. The equipment should be properly maintained, cleaned, inspected and operated in such a manner to minimize adulteration of feed or feed ingredients.

FWS Page 10 of 66

D. Scales.

All scales and metering devices should be tested for accuracy upon installation and at least once a year thereafter, or as may be necessary to insure their in- tended purpose.

Mixers. All mixers used in the manufacture of feed or feed ingredients should be tested periodically to assure proper mixing and proper mixing times.

VI. Production and Process Controls

The receipt, storage and inventory of feed ingredients used in manufacturing and processing of animal feeds and the production of such animal feeds should conform to the following:

A. Feed Ingredients

Feed ingredients should be produced using procedures that minimize potential contaminants and promote appropriate product safety, quality and integrity, and meet all applicable standards for feed use. To help ensure product integrity, feed ingredients should be obtained from suppliers that have suitable quality assurance pro- grams and procedures that minimize potential contaminants. This may be accomplished through any effective means, for example, supplier visits, supplier certification, purchase contracts, monitoring of the ingredient supplier or a combination thereof.

1. Bulk feed ingredients should be inspected as follows:

a. A representative sample should be taken and retained for an appropriate period from the truck (except as provided in subsection A. 1. c.) or rail car upon its arrival at the plant using appropriate sampling techniques consistent with the methods published by the AOAC International, or in accordance with other generally recognized methods, to make a determination of compliance with the establishment’s receiving standards prior to unloading or acceptance.

b. Prior to unloading, the initial discharge from each compartment of each truck (except as provided in section c.) or rail car should be examined for contamination. If product safety or quality concerns are noted, appropriate action should be taken.

c. For ingredients delivered by conveyances in which sampling of the product at the destination is impractical (such as deliveries conveyed in pneumatic trucks), the supplier should provide assurances to the receiver that the conveyance was visibly free of contamination prior to shipment. In addition, the supplier should take and retain a representative sample of the ingredient loaded into the truck. The representative sample should be retained for an appropriate period.

2. Bagged ingredients should be examined as follows:

a. Packaging should be visually examined upon receipt and use for identity and damage that could cause unsafe contamination; and

b. The contents should be visually examined before use.

3. Feed ingredients should be of merchantable quality; comply with appropriate state and federal regulatory definitions; meet appropriate state and federal action levels and regulatory limits established for contaminants; and comply with all other applicable local, state and federal laws.

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4. If a feed ingredient contains or may contain prohibited mammalian protein, federal regulation [21 CFR 589.2000] requires that it be properly labeled with the warning statement, “Do not feed to cattle or other ruminants.” To prevent cross- contamination, appropriate equipment clean-out procedures are required to be implemented at facilities which receive prohibited mammalian protein and manufacture feeds for ruminant animals.

a. Pet food sold or intended for sale at retail and feeds for non-ruminant laboratory animals are exempt from this labeling requirement.

b. If pet food products or feeds for non-ruminant laboratory animals are sold or intended for sale as distressed or salvage, then they must be labeled “Do not feed to cattle or other ruminants”.

5. Any feed ingredient suspected of possible contamination should not be used in the production of animal feed unless, through proper sampling and testing, is found to be appropriate for the species and class of animal for which it is tended.

6. All feed ingredients should be stored in suitable and clean bulk bins or containers that are properly and clearly identified.

B. Feed and Feed Ingredient Processing

Written procedures should be implemented that adequately identifies the potential for miss-manufacture or other hazards associated with the products being manufactured at the facility, and which establish practices to minimize the potential for compromising animal and human health. Such practices may range from visual re- view to verification of compliance with the established procedures.

1. All feed and feed ingredient manufacturing, including packaging, storage and delivery, should be performed under such conditions and controls as are necessary to minimize the potential for contamination.

2. Feed-in-process should be handled in a manner that minimizes the potential for contamination. Suggested procedures may include the following, as appropriate:

a. A means of identifying the formulation used in the manufacture of the product.

b. Batch records that provide the history for each batch or lot of product manufactured, including equipment used in production, storage, packaging and load out.

c. A means of linking the appropriate label to the proper production batch or lot of product.

d. Effective measures to protect against the inclusion of metal or other extraneous material in feed and feed ingredients. This may be accomplished by using sieves, traps, magnets, electronic metal detectors or other effective means.

e. Written procedures that specify appropriate sequencing, flushing or clean out between batches or lots of products where carryover from one lot to an- other could be unsafe to animals or humans. Appropriate documentation should be maintained concerning adherence with these written procedures. In the case of prohibited mammalian protein being used at facilities that manufacture feed for ruminant animals, this is a federal regulatory requirement [21 CFR 589.2000].

f. An appropriate permitted yield variation for products. Written procedures should be developed and implemented for calculating and comparing the actual versus the theoretical yield for each production run prior to shipment, FWS Page 12 of 66 unless bin-stocking procedures are used (in which case, it is advisable to use weekly cutoffs). If a significant discrepancy is discovered when comparing actual versus theoretical yield that exceeds the firm’s established variation, a process should be established to identify the reason for the discrepancy before the feed is shipped to avoid compromising animal or human safety.

g. A means for identifying and storing rework materials.

C. Laboratory Controls

Adequate specifications, testing procedures and methods should be implemented.

Analytical results, which do not meet product specifications, should be investigated to verify that the manufacturing process is in control, the product formulation is correct and/or nutrient values used in the products formulation are accurate. Investigations of these results include the following:

1. Review of production records to verify if anything in the manufacturing history could be the cause of the result.

2. Review of the product formulation.

3. Review of the ingredient values used for formulation; and

4. Documentation of the review process and any corrective action taken.

D. Warehousing and Distribution

Feed or feed ingredients should be stored and transported under conditions that will protect such products from physical and chemical contamination.

1. Feed and feed ingredient storage practices should minimize the potential for contamination and provide for appropriate inventory rotation practices to minimize outdated inventory.

2. Trucks should be inspected at bulk load-out prior to loading to insure they are free of contamination.

3. Feed, feed ingredients or other articles that may cause contamination which may present a safety concern to animals or humans should not be loaded on the same vehicle unless precautions are taken to preclude the potential for cross contamination.

4. All feed and feed ingredients are to be appropriately labeled or otherwise identified at all times.

E. Labeling

1. Labels and labeling, including placards, should be received and stored in a manner that prevents labeling mix- ups and assures that correct labeling is used for feed and feed ingredients.

2. All feed and feed ingredients, including working inventories, are to be properly always identified.

F. Records

It is recommended that records of receiving, production and distribution be maintained for at least one year.

G. Lot Numbers

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All feed and feed ingredients should contain a code that links the individual production lot to production records to provide a history of such product. The code should be contained either on the product packaging, labeling, or other distribution records that would accompany the shipment to enable recall of the product if necessary. If such code numbers are not lot-specific, then all products bearing that code number should be recalled in the event of a problem requiring such recall action.

H. Recalls

All recalls should be conducted in accordance with procedures outlined by the

Food and Drug Administration, 21 CFR part 7, subpart C

(End of Section C)

FWS Page 14 of 66

SECTION D – PACKAGING AND MARKING

Finished bagged feed must be packaged in accordance to industry best practices (ex. plastic or sewn polylined paper bags). Net weight of the contents within the bags shall not exceed 25 kg or 55 lbs.

(End of Section D)

FWS Page 15 of 66

SECTION E – INSPECTION AND ACCEPTANCE

The following clause is incorporated by reference:

Clause Title Date

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR 1984

52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984

(End of Section E)

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SECTION F – DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

The BPA shall commence from the first full week following the date of award for a period up to ten years.

The following clause is incorporated by reference:

52.242-15 STOP WORK ORDER AUG 1989

(End of Section F)

FWS Page 17 of 66

SECTION G – CONTRACT ADMINISTRATION DATA

The following local clauses are provided in full text:

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at http://www.cpars.csd.disa.mil. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

http://www.cpars.csd.disa.mil./ http://www.cpars.csd.disa.mil/

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(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30- day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP)

(APR 2013)

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP).

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice

1. Invoice billed according to contract line items and rates.

2. If partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.

3. If final payment is billed, the last invoice shall state “FINAL”.

4. Contractor’s Release of Claims shall be submitted with the final invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contract (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

(End of Section G) https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

N/A

(End of Section H)

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SECTION I – CONTRACT CLAUSES

The following clauses are incorporated by reference:

52.202-1 DEFINITIONS JUN 2020

52.203-3 GRATUITIES APR 1984

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS

DEC 2014

52.209-2 PROHIBITION ON CONTRCTING WITH INVERTED DOMESTIC

CORPORATIONS – REPRESENTATION

NOV 2015

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES AND

EQUIPMENT EXCEEDING $15,000

JUN 2020

52.232-11 EXTRAS APR 1984

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

CONTRACTORS

NOV 2021

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION

APR 1984

52.242-13 BANKRUPTCY JUL 1995

52.253-1 COMPUTER GENERATED FORMS JAN 1991

The following clauses are provided in full text:

52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending

FWS Page 21 of 66 agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

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

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

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

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1

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(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

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(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2 https://www.acquisition.gov/far/part-32#FAR_32_608_2

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(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience.