FINAL RFP 123A9420R0021.pdf

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Bacterial Isolate Confirmation Efficiencies Federal contract opportunity
Solicitation number
123A9420R0021
Issued by
Department of Agriculture Food Safety and Inspection Service

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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

FSIS-ASD-ACQUISITION

BELTSVILLE MD 20705-5230

5601 SUNNYSIDE AVENUE

MAILDROP 5230

USDA, FSIS, ASD, ACQUISITIONS

CODE 16. ADMINISTERED BYCODE

X

X

325413

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORFSIS-ASD-ACQUISITION

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/21/2020 1400 ET

08/18/2020

301-289-9724BARBARA NELSON

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

123A9420R0021

5. SOLICITATION NUMBER

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

1 69 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Multiple Destinations

15. DELIVER TO

BELTSVILLE MD 20705-5230

5601 SUNNYSIDE AVENUE

MAILDROP 5230

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,250

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 SCHEDULEX

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)

USDA, FSIS, ASD, ACQUISITIONS

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.

Establish a 5-year Indefinite Delivery, Indefinite Quantity (IDIQ) contract to acquire a rapid, high throughput, bacterial isolate confirmation system that can ideally identify Salmonella, E. coli, Listeria monocytogenes, Campylobacter spp., Enterococcus spp., and Clostridium perfringens in three USDA labs in accordance with the attached Performance Work Statement (PWS).

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

TRACY A. POPE

. 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.

0001 Base Period: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and

Campylobacter methods performed at the Eastern

Lab, as well as Enterococcus spp. and Clostridium perfringens.

Delivery Location Code: FSIS-LAB-EASTERN

EASTERN LAB

950 COLLEGE STATION RD.

ATHENS GA 30605 US

0002 Base Period: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and

Campylobacter methods performed at the

Mid-Western Lab, as well as Enterococcus spp. and

Clostridium perfringens.

Delivery Location Code: FSIS-LAB-MIDWEST

MIDWEST LAB

4300 GOODFELLOW BLVD.

BLDG 105-D

ST. LOUIS MO 63120-0005 US

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

69 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 69

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

123A9420R0021

0003 Base Period: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and

Campylobacter methods performed at the Western

Lab, as well as Enterococcus spp. and Clostridium perfringens.

Delivery Location Code: FSIS-OPHS-WL-ALBANY

USDA, FSIS, OPHS, WL, WRRC, ARS

800 Buchanan Street

Albany CA 94710 US

0004 Option Period 1: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the

Eastern Lab, as well as Enterococcus spp. and

Clostridium perfringens.

(Option Line Item)

Delivery Location Code: FSIS-LAB-EASTERN

EASTERN LAB

950 COLLEGE STATION RD.

ATHENS GA 30605 US

0005 Option Period 1: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the

Mid-Western Lab, as well as Enterococcus spp. and

Clostridium perfringens.

(Option Line Item)

Delivery Location Code: FSIS-LAB-MIDWEST

MIDWEST LAB

4300 GOODFELLOW BLVD.

BLDG 105-D

ST. LOUIS MO 63120-0005 US

0006 Option Period 1: Confirm the identity of bacterial isolates from regulated commodity

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 69

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

123A9420R0021 samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the

Western Lab, as well as Enterococcus spp. and

Clostridium perfringens.

(Option Line Item)

Delivery Location Code: FSIS-OPHS-WL-ALBANY

USDA, FSIS, OPHS, WL, WRRC, ARS

800 Buchanan Street

Albany CA 94710 US

0007 Option Period 2: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the

Eastern Lab, as well as Enterococcus spp. and

Clostridium perfringens.

(Option Line Item)

Delivery Location Code: FSIS-LAB-EASTERN

EASTERN LAB

950 COLLEGE STATION RD.

ATHENS GA 30605 US

0008 Option Period 2: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the

Mid-Western Lab, as well as Enterococcus spp. and

Clostridium perfringens.

(Option Line Item)

Delivery Location Code: FSIS-LAB-MIDWEST

MIDWEST LAB

4300 GOODFELLOW BLVD.

BLDG 105-D

ST. LOUIS MO 63120-0005 US

0009 Option Period 2: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 69

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

123A9420R0021 presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the

Western Lab, as well as Enterococcus spp. and

Clostridium perfringens.

(Option Line Item)

Delivery Location Code: FSIS-OPHS-WL-ALBANY

USDA, FSIS, OPHS, WL, WRRC, ARS

800 Buchanan Street

Albany CA 94710 US

0010 Option Period 3: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the

Eastern Lab, as well as Enterococcus spp. and

Clostridium perfringens.

(Option Line Item)

Delivery Location Code: FSIS-LAB-EASTERN

EASTERN LAB

950 COLLEGE STATION RD.

ATHENS GA 30605 US

0011 Option Period 3: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the

Mid-Western Lab, as well as Enterococcus spp. and

Clostridium perfringens.

(Option Line Item)

Delivery Location Code: FSIS-LAB-MIDWEST

MIDWEST LAB

4300 GOODFELLOW BLVD.

BLDG 105-D

ST. LOUIS MO 63120-0005 US

0012 Option Period 3: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 69

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

123A9420R0021 scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the

Western Lab, as well as Enterococcus spp. and

Clostridium perfringens.

(Option Line Item)

Delivery Location Code: FSIS-OPHS-WL-ALBANY

USDA, FSIS, OPHS, WL, WRRC, ARS

800 Buchanan Street

Albany CA 94710 US

0013 Option Period 4: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the

Eastern Lab, as well as Enterococcus spp. and

Clostridium perfringens.

(Option Line Item)

Delivery Location Code: FSIS-LAB-EASTERN

EASTERN LAB

950 COLLEGE STATION RD.

ATHENS GA 30605 US

0014 Option Period 4: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the

Mid-Western Lab, as well as Enterococcus spp. and

Clostridium perfringens.

(Option Line Item)

Delivery Location Code: FSIS-LAB-MIDWEST

MIDWEST LAB

4300 GOODFELLOW BLVD.

BLDG 105-D

ST. LOUIS MO 63120-0005 US

0015 Option Period 4: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

7 69

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

123A9420R0021 and Campylobacter methods performed at the

Western Lab, as well as Enterococcus spp. and

Clostridium perfringens.

(Option Line Item)

Delivery Location Code: FSIS-OPHS-WL-ALBANY

USDA, FSIS, OPHS, WL, WRRC, ARS

800 Buchanan Street

Albany CA 94710 US

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

123A9420R0021

B. CONTINUATION OF SF 1449

This document consists of the following sections:

PART DESCRIPTION

A Standard Form 1449 B Continuation of the SF 1449 C Contract Clauses D Any Contract Documents, Exhibits or Attachments E Solicitation Provisions

B.1 Continuation of Block 16-ADMINISTERED BY

B.1.1 CONTRACTING OFFICER (JAN 2012)

The Contracting Officer (CO) has the overall responsibility for the administration of this contract.

Name: Tracy Pope, Contracting Officer Phone: (301) 851-4306 (collect calls not accepted) E-Mail: tracy.pope@usda.gov Address: Tracy Pope, Contracting Officer

USDA, Food Safety and Inspection Service Office of Administrative Services Procurement Management Branch 4700 River Road Location Room 3C-03.55 Riverdale, MD 20737

The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; issue task orders against the contract; make final decisions on disputed deductions from contract payments for nonperformance, or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. However, the CO may delegate certain other responsibilities to the Contracting Officer’s Representative(COR).

All delegated duties will be specified in writing by a COR Appointment and Delegation Notice.

[End of Text]

B.2 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (JAN 2012)

The Contracting Officer hereby designates as the Contracting Officer’s Representative (COR):

[TO BE DESIGNATED UPON AWARD]

The COR shall be responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon mailto:tracy.pope@usda.gov the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer shall be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract shall be modified accordingly.

On all matters that pertain to the contract terms, the contractor shall communicate with the Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the contractor shall so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately, preferably in writing if time permits.

Proceeding with work without proper contractual coverage may result in nonpayment or necessitate submittal of a contract claim.

The COR shall be responsible for initiating the Contractor Performance Assessment Report (CPAR) for awards over the simplified acquisition threshold of $250K to document contractor’s performance during the period of performance 14 days after completion of services or delivery of goods.

[End of Text]

B.3 Continuation of Block 18a—INVOICES

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS—INVOICE

PROCESSING PLATFORM (IPP) (APRIL 2013)

Effective May 6, 2013, payment requests must be submitted electronically through the U.S.

Department of the Treasury’s Invoice Processing Platform (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.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment, User IDs and Passwords can be obtained by contacting the IPP Helpdesk via email at IPP Customer Support Desk at 1- 866-973-3131 or IPPCustomerSupport@fms.treas.gov. For all other IPP issues, please contact: National Finance Center’s Controller Operations Division (COD) Helpdesk at 1- 877-243-3072 or COD.HELP@usda.gov.

B.4 CONTINUATION BLOCK 19 – PRICING

The Contractor shall perform the effort required by this Performance Work Statement (PWS) for Base Year CLINs 0001, 0002 and 0003; Option Year 1 CLINs 0004, 0005, and 0006; Option Year 2 CLINs 0007, 0008, and 0009; Option Year 3 CLINs 0010, 0011, and 0012; and Option Year 4 CLINs 0013, 0014 and 0015. The Base Year award shall be for a period of 12 months after award followed by four (4) 12-month Option Years.

http://www.ipp.gov/ mailto:IPPCustomerSupport@fms.treas.gov mailto:COD.HELP@usda.gov

B.4.1 BASE YEAR: Dates: 12 months from date of award

CLIN- BASE YEAR

CLIN Description QTY Unit Unit Price Total Price 001 Base Period: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the Eastern Lab, as well as Enterococcus spp.

and Clostridium perfringens.

1 EA

CLIN- BASE YEAR

CLIN Description QTY Unit Unit Price Total Price 002 Base Period: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the Mid-Western Lab, as well as Enterococcus spp. and Clostridium perfringens.

1 EA

CLIN- BASE YEAR

CLIN Description QTY Unit Unit Price Total Price 003 Base Period: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the Western Lab, as well as Enterococcus

1 EA

spp. and Clostridium perfringens.

TOTAL BASE YEAR CLINs: Amount TBD

B.4.2 FIRST OPTION YEAR: Dates: 12 months from date of award

CLIN- OPTION YEAR 1

CLIN Description QTY Unit Unit Price Total Price

005 Option Period 1: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the Mid-Western Lab, as well as Enterococcus spp. and Clostridium perfringens.

1 EA

CLIN- OPTION YEAR 1

CLIN Description QTY Unit Unit Price Total Price

006 Option Period 1: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope

1 EA

CLIN- OPTION YEAR 1

CLIN Description QTY Unit Unit Price Total Price 004 Option Period 1: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the Eastern Lab, as well as Enterococcus spp.

and Clostridium perfringens.

includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the Western Lab, as well as Enterococcus spp.

and Clostridium perfringens.

TOTAL OPTION YEAR 1 YEAR CLINs: Amount TBD

B.4.3 SECOND OPTION YEAR: Dates: 12 months from date of award

CLIN- OPTION YEAR 2

CLIN Description QTY Unit Unit Price Total Price 007 Option Period 2: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the Eastern Lab, as well as Enterococcus spp.

and Clostridium perfringens.

1 EA

CLIN-OPTION YEAR 2

CLIN Description QTY Unit Unit Price Total Price 008 Option Period 2: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the Mid-Western Lab, as well as Enterococcus spp. and Clostridium perfringens.

1 EA

CLIN- OPTION YEAR 2

CLIN Description QTY Unit Unit Price Total Price 009 Option Period 2: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the Western Lab, as well as Enterococcus spp. and Clostridium perfringens.

TOTAL OPTION YEAR 2 CLINs: Amount TBD

B.4.4 THIRD OPTION YEAR: Dates: 12 months from date of award

CLIN- OPTION YEAR 3

CLIN Description QTY Unit Unit Price Total Price 011 Option Period 3: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the Mid-Western Lab, as well as Enterococcus spp. and Clostridium perfringens.

1 EA

CLIN- OPTION YEAR 3

CLIN Description QTY Unit Unit Price Total Price 010 Option Period 3: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the Eastern Lab, as well as Enterococcus spp.

and Clostridium perfringens.

CLIN- OPTION YEAR 3

CLIN Description QTY Unit Unit Price Total Price 012 Option Period 3: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the Western Lab, as well as Enterococcus spp. and Clostridium perfringens.

1 EA

TOTAL OPTION YEAR 3 CLINs: Amount TBD

B.4.5 FOURTH OPTION YEAR: Dates: 12 months from date of award

CLIN- OPTION YEAR 4

CLIN Description QTY Unit Unit Price Total Price 013 Option Period 4: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the Eastern Lab, as well as Enterococcus spp.

and Clostridium perfringens.

1 EA

CLIN- OPTION YEAR 4

CLIN Description QTY Unit Unit Price Total Price 014 Option Period 4: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the Mid-Western

Lab, as well as Enterococcus spp. and Clostridium perfringens.

CLIN- OPTION YEAR 4

CLIN Description QTY Unit Unit Price Total Price 015 Option Period 4: Confirm the identity of bacterial isolates from regulated commodity samples in a shorter time period than the methods presently in use without increasing costs. The scope includes the E. coli, Listeria, Salmonella, and Campylobacter methods performed at the Western Lab, as well as Enterococcus spp. and Clostridium perfringens.

1 EA

TOTAL OPTION YEAR 4 CLINs: Amount TBD

C. CONTRACT CLAUSES

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

C.1 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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 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 5 years and 6 months.

(End of clause) C.2 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id19CAC0P0ESS https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

(ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

(1)It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1605198408 https://www.sam.gov/

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment—

(A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment—

(A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii)For covered services—

(A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

C.3 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network).

Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989GI040ZO telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);

supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

C.4 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT

(FAR 52.232-33)(OCT 2018)

(a) Method of payment.

https://dibnet.dod.mil/ https://dibnet.dod.mil/

(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term “EFT” refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause).

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the System for Award Management (SAM). In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to SAM.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part210.

(d) Suspension of payment. If the Contractor’s EFT information in the SAM is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the SAM; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor’s EFT information incorrectly, the Government remains responsible for-

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor’s EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date isa valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in SAM and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor.

EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor’s financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in SAM.

(End of Clause)

C.5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS-COMMERCIAL ITEMS (FAR 52.212-5) (MAR 2020)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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

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

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1672734195 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3…

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