RFQ 12805B21Q0032.pdf

and

FAR 52.252 2 CLAUSES INCORPORATED BY REFERENCE

As prescribed in 52.107(b), insert the following clause:

Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/?q=browsefar http://www.dm.usda.gov/procurement/policy/agar.htm

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)

52.204 25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Aug 2019)

52.212 4 Contract Terms and Conditions Commercial Items (Oct 2018)

52.223 6 Drug Free Workplace (May 2001)

52.232 11 Extras (Apr 1984)

52.232 17 Interest (May 2014)

52.232 23 Assignment of Claims (May 2014)

52.232 25 Prompt Payment (Jan 2017)

52.232 39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232 40 Providing Accelerated Payments to Small Business Subcontractors (APR 2020)(Deviation)

52.233 1 Disputes (May 2014)

Alternate I (Dec 1991)

52.242 15 Stop Work Order (Aug 1989)

52.243 1 Changes—Fixed Price (Aug 1987)

52.246 15 Certificate of Conformance (Apr 1984)

52.249 2 Termination for Convenience of the Government (Fixed Price) (Apr 2012)

52.249 8 Default (Fixed Price Supply and Service) (Apr 1984)

52.247 34 F.O.B Destination (Nov 1991)

(END CLAUSES BY REFERENCE)

52.252 6 AUTHORIZED DEVIATIONS IN CLAUSES

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert “(DEVIATION)” after the date of the clause:

Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Agriculture Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

52.212 5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Jul 2020) (Deviation)

(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)).

(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:

[_] (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. 6101 note).

[_] (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.

[_] (12)(i) 52.219 4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020)(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[_] (ii) Alternate I (Mar 2020) of 52.219 4.

[_] (13) [Reserved] [X] (14)(i) 52.219 6, Notice of Total Small Business Set Aside (Mar 2020)(15 U.S.C. 644).

[_] (ii) Alternate I (Mar 2020).

[_] (iii) Alternate II (Nov 2011).

[_] (15)(i) 52.219 7, Notice of Partial Small Business Set Aside (Mar 2020)(15 U.S.C. 644).

[_] (ii) Alternate I (Mar 2020) of 52.219 7.

[_](iii) Alternate II (Mar 2004) of 52.219 7.

[_] (16) 52.219 8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[_] (17)(i) 52.219 9, Small Business Subcontracting Plan (Mar 2020)(15 U.S.C. 637(d)(4)).

[_] (ii) Alternate I (NOV 2016) of 52.219 9.

[_] (iii) Alternate II (NOV 2016) of 52.219 9.

[_](iv) Alternate III (Mar 2020) of 52.219 9.

[_](iv) Alternate IV (AUG 2018) of 52.219 9.

[_] (18) 52.219 13, Notice of Set Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

[_](19) 52.219 14, Limitations on Subcontracting (Mar 2020) (15 U.S.C.637(a)(14)).

[_] (20) 52.219 16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[_] (21) 52.219 27, Notice of Service Disabled Veteran Owned Small Business Set Aside (Mar 2020) (15 U.S.C. 657f).

[X] (22) 52.219 28, Post Award Small Business Program Representation (Mar 2020) (15 U.S.C.

632(a)(2)).

[_] (23) 52.219 29, Notice of Set Aside for, or Sole Source Award to, Economically Disadvantaged Women Owned Small Business Concerns (Mar 2020)(15 U.S.C. 637(m)).

[_](24) 52.219 30, Notice of Set Aside for, or Sole Source Award to, Women Owned Small Business Concerns Eligible Under the Women Owned Small Business Program (Mar 2020)(15 U.S.C. 637(m)).

(25) 52.219 32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)). (26) 52.219 33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

[X] (27) 52.222 3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222 19, Child Labor Cooperation with Authorities and Remedies (JAN 2020)(Deviation) (E.O.13126).

[X] (29) 52.222 21, Prohibition of Segregated Facilities (Apr 2015).

(30)(i) 52.222 26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222 26.

(31)(i) 52.222 35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

(ii) Alternate I (JULY 2014) of 52.222 35

(32)(i) 52.222 36, Equal Opportunity for Workers with Disabilities (JULY 2014) (29 U.S.C. 793).

(ii) Alternate I (JULY 2014) of 52.222 36

[X (33) 52.222 37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[_] (34) 52.222 40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

[X] (35)(i) 52.222 50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O.

13627).

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

[_] (36) 52.222 54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off the shelf items or certain other types of commercial items as prescribed in 22.1803.)

[_](37)(i) 52.223 9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off the shelf items.)

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

[_](38) 52.223 11,Ozone Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016)(E.O. 13693) [_](39) 52.223 12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016)(E.O. 13693) [_] (40)(i) 52.223 13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

[_](ii) Alternate I (Oct 2015) of 52.223 13.

[_] (41)(i) 52.223 14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

[_] (ii) Alternate I (Jun 2014) of 52.223 14.

[_] (42) 52.223 15, Energy Efficiency in Energy Consuming Products (Dec 2007) (42 U.S.C.

8259b).

[_](43)(i) 52.223 16, Acquisition of EPEAT® Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

[_] (ii) Alternate I (Jun 2014) of 52.223 16.

[X] (44) 52.223 18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

[_] (45) 52.223 20, Aerosols (JUN 2016)(E.O. 13693) [_] (46) 52.223 21, Foams (JUN 2016)(E.O. 13693) [_](47)(i)52.224 3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[_] (ii) Alternate I (JAN 2017) of 52.224 3.

[_] (48) 52.225 1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

[X](49)(i) 52.225 3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103 182, 108 77, 108 78, 108 286, 108 302, 109 53, 109 169, 109 283, 110 138, 112 41, 112 42, and 112 43).(Deviation)

[_] (ii) Alternate I (May 2014) of 52.225 3.

[X] (iii) Alternate II (May 2014) of 52.225 3.

[_] (iv) Alternate III (May 2014) of 52.225 3.

[_] (50) 52.225 5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).(Deviation) [X] (51) 52.225 13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[_] (52) 52.225 26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[_] (53) 52.226 4, Notice of Disaster or Emergency Area Set Aside (Nov 2007) (42 U.S.C. 5150).

[_] (54) 52.226 5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[_] (55) 52.232 29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

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

[_](56) 52.232 30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (57) 52.232 33, Payment by Electronic Funds Transfer—System for Award Management

(OCT 2018) (31 U.S.C. 3332).

[_] (58) 52.232 34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[_] (59) 52.232 36, Payment by Third Party (May 2014) (31 U.S.C. 33329).

[_] (60) 52.239 1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[_] (61) 52.242 5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[_] (62)(i) 52.247 64, Preference for Privately Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[_] (ii) Alternate I (Apr 2003) of 52.247 64.

[_] (ii) Alternate II (FEB 2006) of 52.247 64.

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

[_] (1) 52.222 17, Non displacement of Qualified Workers (May 2014)(E.O. 13495).

[_] (2) 52.222 41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[_] (3) 52.222 42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[_] (4) 52.222 43, Fair Labor Standards Act and Service Contract Labor Standards Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[_] (5) 52.222 44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[_](6) 52.222 51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

[_](7) 52.222 53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

[_] (8) 52.222 55, MinimumWages Under Executive Order 13658 (DEC 2015) [_] (9) 52.222 62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[_] (10) 52.226 6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215 2, Audit and Records Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203 13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(ii) 52.203 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)).

(iii) 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).

(iv) 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).

(v) 52.219 8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219 8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222 17, Non displacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222 17.

(vii) 52.222 21, Prohibition of Segregated Facilities (APR 2015)

(viii) 52.222 26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(ix) 52.222 35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(x) 52.222 36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

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

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

(xiii) 52.222 41, Service Contract Labor Standards AUG 2018) (41 U.S.C. chapter 67).

(xiv) _X_(A) 52.222 50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O 13627).

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

(xv) 52.222 51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222 53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvii) 52.222 54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xviii) 52.222 55, MinimumWages Under Executive Order 13658 (DEC 2015).

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

(xx)(A) 52.224 3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224 3.

(xxi) 52.225 26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226 6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226 6.

(xxiii) 52.247 64, Preference for Privately Owned U.S. Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247 64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

**END OF FAR CLAUSES**

AGAR Clauses

452.211 74 Period of Performance.

As prescribed in 411.404(a), insert the following clause:

PERIOD OF PERFORMANCE (FEB 1988)

The period of performance and delivery of this contract will be .

(End of Clause)

452.246 70 Inspection and Acceptance.

As prescribed in 446.370, insert the following clause:

INSPECTION AND ACCEPTANCE (FEB 1988)

The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under thiscontract.

Inspection and acceptance will be performed at:

(End of Clause)

452.224 70 Confidentiality of Information.

As prescribed in 424.104, insert a clause substantially as follows:

CONFIDENTIALITY OF INFORMATION (FEB 1988)

(a) Confidential information, as used in this clause, means (1) information or data of a personal nature, Proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes"clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

(End of Clause)

452.237 74 Key Personnel.

As prescribed in 437.110(d), insert a clause substantially as follows:

KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: NA

(b) During the first ninety (90) days of performance, the Contractor shall information required by paragraph

(c) To the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)

452.237 75 Restrictions Against Disclosure.

As prescribed in 437.110(e), insert a clause substantially as follows:

RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract here under.

(End of Clause)

**END OF AGAR CLAUSES**

52.252 1 Solicitation Provisions Incorporated by Reference As prescribed in 52.107(a), insert the following provision:

Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR Provisions – https://www.acquisition.gov/far/ (End of Provision)

52.252 5 Authorized Deviations in Provisions (Apr 1984) As prescribed in 52.107(e), insert the following provision in solicitations that include any FAR or supplemental provision with an authorized deviation. Whenever any FAR or supplemental provision is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the provision when it is used without deviation, include regulation name for any supplemental provision, except that the contracting officer shall insert “(DEVIATION)” after the date of the provision.

Authorized Deviations in Provisions (Apr 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Department of Agriculture provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

(End of provision)

52.204 7 System For Award Management (Oct 2018)

52.204 16 Commercial and Government Entity Code Reporting (Aug 2020)

52.204 17 Ownership or Control of Offeror (Aug 2020)

52.204 20 Predecessor of Offeror (Aug 2020)

52.225 25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran—Representation and Certification (AUG 2018)

52.204 22 Alternative Line Item Proposal (Jan 2017)

52.204 24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Dec 2019)

52.211 6 Brand name or Equal (Aug 1999)

**END OF FAR PROVISIONS**

Attachment

FAR Deviation Text

Baseline is FAC 2020-05, published in the Federal Register on February 27, 2020.

Deviations are shown by [bracketed bold additions] and strikeouts.

FAR text unchanged shown as asterisks *** or *****

PART 12—ACQUISITION OF COMMERCIAL ITEMS

Subpart 12.3—Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items

12.301 Solicitation provisions and contract clauses for the

acquisition of commercial items.

(d) ***

(12) Insert the clause at 52.232-40, Providing Accelerated Payments to Small Business Subcontractors, as prescribed in 32.009-2.

PART 32—CONTRACT FINANCING

32.09 Providing accelerated payments to small business

[contractors and to prime contractors that subcontract with a small business concern] subcontractors.

32.009-1 General.

[(a) Pursuant to 31 U.S.C. 3903(a) and 10 U.S.C. 2307(a), agencies shall provide accelerated payments, to the fullest extent permitted by law, with a goal of 15 days after receipt of a proper invoice and all other required documentation, if a specific payment date is not established by contract, to—

1) Small business contractors, and

2) Prime contractors that subcontract with a small business concern, if the prime contractor agrees to make payments to the small business subcontractor in accordance with the accelerated payment date, to the maximum extent practicable, without any further consideration from or fees charged to the subcontractor.]Pursuant to the policy provided by OMB Memorandum

M-12-16, Providing Prompt Payment to Small Business

Subcontractors (and as extended by OMB Memoranda M-13-15 and M-

14-10, both titled Extension of Policy to Provide Accelerated

Payment to Small Business Subcontractors), agencies shall take measures to ensure that prime contractors pay small business subcontractors on an accelerated timetable to the maximum extent practicable, and upon receipt of accelerated payments from the

Government. This acceleration does not provide any new rights under the Prompt Payment Act and does not affect the application of the Prompt Payment Act late payment interest provisions.

[(b)] This acceleration does not provide any new rights under the Prompt Payment Act and does not affect the application of the Prompt Payment Act late payment interest provisions.

32.009-2 Contract clause.

Insert clause 52.232-40, Providing Accelerated Payments to

Small Business Subcontractors, in all solicitations and contracts.

SUBPART 32.9—PROMPT PAYMENT

32.903 Responsibilities.

(a) * * *

(5) May authorize the use of the accelerated payment methods specified at 5 CFR 1315.5 [(but see 32.009-1(a))].

32.906 Making payments.

(a) * * *

(2) That the use of accelerated payment methods are necessary (see 32.903(a)(5)) [(but see 32.009-1(a))].

PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 52.2—Text of Provisions and Clauses

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEM (MAR 2020) [(DEVIATION APR

2020)]

(b) * * *

(60) [52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (DEVIATION APR 2020) (31 U.S.C.

3903 and 10 U.S.C. 2307).

(61)] 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

([62]61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

([63]62) (i) 52.247-64, Preference for Privately Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Feb 2006) of 52.247-64.

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).

As prescribed in 13.302-5(d), insert the following clause:

TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN

COMMERCIAL ITEMS (JAN 2020) [(DEVIATION APR 2020)]

(a)***

(2) ***

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) [(DEVIATION APR 2020) (31 U.S.C. 3903 and 10 U.S.C. 2307)].

(viii) 52.244-6, Subcontracts for Commercial Items (AUG

2019) [(DEVIATION APR 2020)].

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors.

As prescribed in 32.009-2, insert the following clause:

PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(DEC 2013) [(DEVIATION APR 2020)]

(a)[(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, u]Upon receipt of accelerated payments from the Government, the

Contractor shall make accelerated payments to its small business subcontractors under this contract [in accordance with the accelerated payment date established], to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, [with a goal of 15 days] after receipt of a proper invoice and all other required documentation from the small business subcontractor [if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor].

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause)

52.244-6 Subcontracts for Commercial Items.

As prescribed in 44.403, insert the following clause:

SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2019) [(DEVIATION APR

2020)]

(c)(1) * * *

(xix) 52.232-40, Providing Accelerated Payments to Small

Business Subcontractors (DEC 2013) [(DEVIATION APR 2020)], if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

Specifications FY2021 Swine Feed for USDA ARS Clay Center Research Location

GENERAL INFORMATION

1.0 Background and Purpose:

Scientists at the Roman L. Hruska U.S. Meat Animal Research Center (USMARC) are developing scientific information and new technology to solve high priority problems for the U.S. beef, sheep, and swine industries. About 50 percent of the effort is with beef cattle, 30 percent with swine, and 20 percent with sheep. The below listed feed and feed additives are required to feed these animals. In order to properly look at the past digestive health and performance of the herd and compare it to the data moving forward, we have to keep all feed variables that contribute to animal performance the same. This includes the benefits of both feed additives Visano and M Mobilize that are currently in our diets. Nursery diets (complete ration, weaning to 15 pounds; base mixes, 15 to 25 and 25 to 50 pounds) are needed. The nursery diet and base mixes must contain the direct fed microbial (DFM) Visano. Base mixes for growing and finishing pigs (50 to 10, 100 to 150, and 150 to 265 pounds), gestation, lactation, and gilt development are also required. Because of the toxins that have been identified in our corn, M Mobilize is to be added to the diets in order to minimize the effect the toxins will have on the performance of the pigs. All diets and base mixes are required to be delivered in bulk on a regular basis.

CONTRACTOR REQUIREMENTS

2.0 Technical Requirements/Tasks:

The contractor shall provide the below listed swine feed and feed additives:

Description Quantity Unit Unit Price Amount

1 HE Pellets 50 lb. bag 480 BAG

2 SS 400 Premix 50 lb. bag 625 BAG

3 HD 80 Premix 40 lb. bag 500 BAG

4 Sow Pak 45 45 lb. bag 700 BAG

5 JBS 40 LT Finisher Premix 42 TON

3.0 Deliverable/Schedule/Address:

Deliveries to commence immediately upon award of contract, due to the critical on-going research there can be no delay. Truck drivers will need to coordinate with the Government Point of Contact on delivery time and schedule but normal hours of 7:00am -3:30pm Monday-Friday are anticipated.

Facility address is listed below:

USMARC

844 Rd 313 Clay Center, NE 68933

Key Deliverables

Item No. Deliverable Objective 1 Swine feed and feed additives per the technical requirements.

Swine feed and feed additives delivered in the desired quantities and timeframe.

4.0 Government Furnished: N/A

4.0 Performance Requirement Measures:

Swine Feed and feed additives delivered in the desired quantities and timeframe, per the technical specifications and delivery schedule.