FBO_S811-00066_FY17_Large_Grass_Hay_Bale_Notice.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the lbrmat in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation S811-00066 is being issued as a Request for euotes (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-92 (November 18, 2016). T\e 2012 NAICS code applicable to this acquisition is 111940. For a company to qualify as a small business, the size standard is .75M or less.

The USDA, ARS, National Animal Disease Center (NADC) has a requirement for a contractor to provide Grass Hay - [-arge Square Bales. The details and specifications for the hay, along with instructions for markings, deliveries, and inspections, are listed in ATTACHMENT 1. The resultant will be a fixed price, indefinite delivery-indefinite quantity (IDIQ) contract.

Responsible offerors must be able to provide min/max quantities as detailed on ATTACHMENT 2 for quantities for the listed required specifications for 12 month period from date of award.

DESCRIPTM LITERATURE: Offerors shall submit descriptive literature describing their proposed product wilh enough detail to ascertain whether the product meets the criteria listed above.

DOCUMENTS TO BE INCLUDED IN QUOTE: In order to be considered for award offerors shall provide-

1) a Quote on company or formal letterhead containing the offeror's DUNS number, address, and socio-economic status, and detailing the item description, variance from the posted required specifications, acceptable payment method (credit card, ACH/EFT, or either), unit price per item and total price;

2) the Grass Hay [-arge Square Bale IDIQ Contract Schedule spreadsheet (see ATTACHMENT

2) completed

REJECTION OF QUOTATION: Failure to demonstrate compliance will be cause to reject the quote without further discussions. All responsible sources may submit an offer to be considered.

FAR 52 232'18, Availability of Funds (APR 1984) in included in this sotichation and any resulting contract. Funds obligation is contingent upon the apprcval of a FY17 Budget. No contract petfotmance is to take place without notification lrom the Contracting Officer.

NorE: Guidance in this solicitation lor actions wilhin sal, are now conducted through the single award Management syslem found at www.sam.gov. Vendors MUST have a record showing "Aclive" at lhe time ot quote submittal to be considered for award.

AGAR 452.211-74 Period of Performance (FEB 1988)

The period of performance of this contract will be for 12 calendar months from date of award.

52,212.4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (MAY 2OI5)

(a) lnspectionlAcceptance. 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 assigtr 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 agency in accordance with the Assignment of Claims Act (31

U.S.C.3'727). However, when a third party makes payment (e.g., use of the Government wide 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 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 aI 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 Contlactor and without its fault oI 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) Invoicc

(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, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit ofmeasure, 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.

(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 13L5.

(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. Paymeri 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). lf the Government makes payment by EF'I., see 52.212-

5(b) for the appropriate EFT clause.

(4) Discount. In comection with any discount offered for early payment, time shall be computed from the date of the invoice. For the puryose 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 contract 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.

(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.

(iil) 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 32.6O8-2 of the Federal Acquisition Regulation in effect on the date of this contract.

O Rrsk o/ /oss. 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:

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage ofthe contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless ofwhen or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting fiom any defect or deficiencies in accepted items.

(q) Other compliunces. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Ccnnpliunce with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence cerrain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefir; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41U.5.C.4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.40118, Fly American; and

41 U.S.C. chapter 2L relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(3) The clause at 52.272-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer softwarc.

(5) Solicitation provisions if this is a solicitation

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has tegally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of stbpart 42.72; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(iD If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (IX2XD(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFf clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through hu ulsl on

(u) U nauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EU[-A.), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government'

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EUI-A, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "l agree" click box or other comparable mechanism (e.g., "click-wrap" or ,.browse-wrap" agreements), execution does not bind the Govemment or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) lncorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

AGAR 452.216-74 CETLTNG pRrCE (FEB 1988)

The ceiling price of this contract is $30,000.00. The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

(End of Clause)

FAR522I2-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAY 2OT5)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-lo, Prohibition on contracting with Inverted Domestic corporations (Dec 2014)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable t-aw for Breach of contract claim (oct 2004) (public I-aws 108-77 and 108-78 (19 U.S.C.3805 note)).

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

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 47O4 and 10 U.S.C. 2402).

txl (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010X41 U.S.C.

3s09).

l) (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of2009 (JUN 2010) (Section 1553 ofPub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

tX] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Jul 2013) (Pub. L. 1O9-282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

l) (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(JAN 2014) (Pub. L. 111-117, section 743 ofDiv. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

tXl (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Jul 2013) (41U.S.C. 2313).

[ (10) [Reserved] tl (11XD 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15

U.S.C.657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

tl (l2xi) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Atternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved] t](14XD52.2|g.6'NoticeofTotalsmallBusinessSet.Aside(NoV20l1)(15U.S.C.644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

tl (15XD 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7 .

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

[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3).

tl (17Xi) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(dX4).

[] (ii) Alternate I (Oct 2001) of 52.279-9.

[] (iii) Alternate II (Oct 2001) of 52.2t9-9.

[] (iv) Alternate III (OCT 2014) of 52.21,9-9.

[) (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644G)).

[] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(1a)).

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

637(dX4XFXi)).

[x] (2t) 52.219-27 , Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 20 r l) (ls u.s.c. 6s70.

lX) (22) 52.279-28, Post Award Small Business Program Rerepresentation (Jul 2013)(15 u.S.C 632(a)(2)).

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

l) (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

lxl (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

txl (26) 52.222-19, chitd tabor-cooperation with Authorities and Remedies (JAN 2014) (8.O. 13126).

lX) (27 ) 52.222-21, Prohibition of Segregated Facilities (ApR 20 1 5).

lxl (28) s2.222-26, Equal Opportunity (ApR 2015) (8.O. 11246).

[X] (29) 52.222-35, Equal Opportuniry for Veterans (JUL2014)(38 U.S.C. 4212).

l)(l (3O) 52.222-36, Equal Opportunity for Workers with Disabilities (1UL2014) (29 U.S.C.

7e3).

txl (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

lxj QZ) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 134e6).

txl (33XD 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii)Alternatel(MAR2015) of 52.222-5O (22U.S.C.chapter78 ar,dE.O.13627).

11 Q4) 52.222-54, Employment Eligibility Verification (AUG 2013). (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.)

t] (35Xi) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C.6962(c)(3XAXii)). (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)(2XC). (Not applicable to the acquisition of commercially available off-the-shelf items.)

tl (36Xi) 52.223-13, Acquisition of EPEAT@-Registered Imaging Equipment (JUN 2014)

(E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-13.

ll (37)(1) 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.

l) (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007X42 U.S.C.

8259b).

tl (39XD 52.223-16, Acquisition of EPEAT@-Registered Personal Computer Products (JUN

2014) (E.O.s 13423 and 13574).

[] (ii) Alternate I (JUN 2014) of 52.223'16.

txl (40) 52.223-18, Encouraging contractor Policies to Ban Text Messaging while Driving

(AUG 2011)

txl (41) 52.225-l,Buy American-supplies (MAY 2014) (41 U'S'C' chapter 83)'

[] (42Xi) 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. 2172no@,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, 1 10- 138, 11.2-41., 112-42, and 172-43.

[] (ii) Alternate I (MAY 2014) ot 52.225-3

[ (iii) Alternate II (MAY 2Ol4) of 52.225-3.

U (43)52.225-5,TradeAgreements(NOV2013)(19U.S.C.25O7,etseq.,19U.S.C.3301 note).

[X] (44) 52.225-73, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

ll (45) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal

Year 2008; 10 U.S.C. 2302 Note).

l) (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

0 g7) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 u.s.c. s1s0).

[] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 u.s.c. 4505, 10 u.s.c. 2307(I)).

[) (49) 52.232-30, lnstallment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 u.s.c. 2307(0).

l) (5O) 52.232-33, Payment by Electronic Funds Transfer-system for Award Management (Jut 2013) (31 U.S.C.3332).

[x] (51) 52.232-34, Payment by Electronic Funds Transfer--other rhan System for Award Management (Jul 2013) (31 U.S.C.3332).

[) (52) 52.232-36, Payment by Third party (MAy 2014) (31 U.S.C. 3332).

ll (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

tl (54xi) 52.247-64, Preference for privately owned U.S.-Flag commercial vessers (Feb 2006)(46 U.S.C. Appx. t24t(b)and 10 U.S.C. 2631).

[] (iv) Alternate III (MAY 2Ol4) of 52.225-3.

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

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

Il 0) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495)'

l) (2) 52.222-41, Service Contract labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[) (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2Ol4) (29 U.S.C

206 and 4l U.S.C. chapter 67).

l) (4) 52.222-43, Fair l-abor Standards Act and Service Contract l-abor Standards Price

Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

Il $) 52.222-44, Fair I-abor Standards Act and Service Contract labor Standards Price

Adjustment (MAY 2014) (29 U.S.C 206 and 41U.S.C. chapter 67).

ll @) 52.222-51, Exemption from Application of the Service Contract I-abor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41U.S.C. chapter 67).

l) (7) 52.222-53, Exemption from Application of the Service Contract l,abor Standards to

Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[) (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive

Order 13658).

l) (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014)

(42U.5.C.1792).

l) (10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5t12(p)(t)).

(d) Compholler 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, N:dit 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 ofthe Contractol'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 finat 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 (APR 2010) (41 U.S.C.

3s0e).

(ii) 52.219-8, Utilization of Small Business Concems (OCT 2014) (15 U.S.C. 637(d)(2) and

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction ofany public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-77.

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

(v) 52.222-26, Equal Opportunity (ApR 201,5) (8.O.1t246).

(vi) 52.222-35, Equal Opportuniry for Veterans (JUL 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal opportunity for workers with Disabilities (JUL2ol4)(29 u.s.c.

7e3).

(viii) 52.222-37, Employment Reports on Vererans (JUL2O14) (38 U.S.C. 4212).

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

(x) 52.222-41., Service Contract I-abor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xi)(4t) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and

E.O. t3627).

(B) Alternate I (MAR 2015) of 52.222-5O (22U.5.C. chapter 78 and E.O. 13627).

(xii) 52.222-5'1, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY

2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal

Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014)

(42 U.S.C. 1792). F"low down required in accordance with paragraph (e) of FAR clause 52.226-6

(xviii) 52.247 -64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241@) 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)

FAR 52.211-16 -Variation in Quantity (Apr 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless ihe variation has been iaused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

20 Percent increase of CLIN 001

10 Percent decrease of CLIN 001

This increase or decrease shall apply to individual delivery order quantities

(End of Clause)

FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through the end of the effective period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

During the period specified in FAR clause 52.21,6-18, ORDERING, the Govemment shall place orders shown in the minimum quantity column of ATTACHMENT 2 but not in excess of maximum quantities show in maximum quantity column of ATTACHMENT 2.

(End of Clause)

F AR 52.216 22 Indefi nite Quantity (OCT f 995)

(a) This is an indefinite quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the ',minimum.,'

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after one month after the completion of the contract and any options.

(End of clause)

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

FAR 52.243-1 CTTANGES-FIXED-PRTCE (AUG 1987)

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(1) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications.

(2) Method of shipment or packing.

(3) Place of delivery.

(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the

Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(d) If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed

(End of Clause)

FAR52.247-34 F.O.B. DESTINATTON (NOV l99r)

(a) The term "f.o.b. destination," as used in this clause, means-

(1) Free of expense to the Government, 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

(2) Supplies shall be delivered to the destination consigree's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, oI othel 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, 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.

(b) The Contractor shall-

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) 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 specified in the contracti

(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 contract;

(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.

(End of Clause)

SPECIFICATIONS FOR GRASS HAY - LARGE SQUARE BALES "FYI7"

CONTRACT

CLIN OOl - GRASS HAY LARGE SQUARE IIAY BALES

Grass hay must bc Grade No.2 or upper Grade No. 3, according to standards of the Hay Market Task Force of America Forage and Grassland Council. Relattve Feed Value In less tfun 65% on a d iL The hay must be from year 2016 or 2017 crop, and meet the specifications risted below. The composition of the hay is to be of no more than 50Vo composition of any one type of the Ibllowing grasses: Orchard Grass, Brome (Smooth or Meadow), Timothy, Alfalfa, Limesrone Littlc Bluestem, Western Wheatgrass, Big BIuestem, Switchgrass, prairie Cordgrass, Indian

Grass, and side-oats grama. Hay must be greater than fifty per cent (507o) leaves and green;

contain less than 5% foreign material; be free of mold, musty odor, dust, etc. No hay will be accepted that has been rained on, is moldy, weathered, weedy, wet, shows signs of insect damage or shows poor con stltJclion- All hav is to be harvested fiom fieds that are not grazed and should be from fields located on one farm or close iT\ All hav delivered must be of consistent contoosition from first to last load.

Thc hay shall be satisfactorily baled with rot-prooftwine making a 3'X 3'X 8', a 3'X 4' X 8' or a 4' X 4' X 8' bale. Bales that are ragged or bales having twine ofunequal tension, which makes it difficult to handlc, will not be acceptable.

ROUND BALES WILL NOT BE ACCEPTABLE.

Hay shall not contain iniurious fo material.

o The contractor shall assure that the material conforms to the specifications in the contract prior to delivery.

DELIVERIES

Delivery shall be direct from fields or barns via clean vehicles not used for transportation of livestock. Shipment by rail is not acceptable. Deliveries shall be made to: USDA, ARS, NADC, 1920 Dayton Avenue, Building 13, Ames, IA 50010 for 12 month period from date of award.

Deliveries shall be made during normal business hours of 7:30am through 2:30pm CST Monday through Friday, excluding Federal holidays. The Govemment requires delivery to be made, in the quantity within five (5) working days after receipt of telephone or written order from an authorized Government employee. Partial deliveries of a minimum quantity may be required.

It will be requested that the contractor call 515-337-7248 prior to delivery.

It is required by the ICC that both the empty and loaded weighl a usl be obtained from the same weighing station. The Contractor shall provide the Government with a certified copy of the loaded weight ticket at the time ofeach delivery, which nra$ be obtained at an Official

Weighing Station with the firm's name inscribed on the weight ticket.

A DELIVERY TICKETz&s, accompany the weigh ticket also, allowing for a signature of a person making the delivery and a signature of government personnel receiving the hay. The delivery ticket urx, list the number of bales per load.

The Government will be responsible for unloading the bales from the vendor's vehicle and stacking the bales in an area designated by the Government.

STORAGE

If the hay is not delivered directly from the field, the successful quoter shall store the hay at no additionalcosttotheGovernmentuntilsuchtimeasalldeliverieshavebeenmadeandthe contract has been comPleted.

INSPECTION

The Government reserves the right to inspect the premises and origin of hay before, and at any time after the contract is consummated to assure that the hay is not being contaminated with dangerous pathogens. The Government reserves the right to make inspection of fields, barns where the hay is being stored, and the bales to determine quality and freedom from animal contaminations and also to assure that the quoter's operations wilI meet conditions required.

Final inspection will be made at time of delivery to the National Animal Disease Center, and the hay must meet specifications & requirements as specified herein or it will not be accepted. It will be required that the hay zol be unloaded until inspected and approved by Government personnel.

Following delivery, each load ofhay will be sampled for forage analysis at the government's expense. Based on the results of this testing, if the load do not meet the minimum specifications, it will be subject to rejection.

Award will be based upon technical acceptability, best value and ability to deliver ARO.

FAR52.252.2 CI-AUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incolporates 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):

http ://www.acquisition.gov/farlindex.html http ://www.va.gov / oal lllbrary I v aar I

(End of Clause)

TitleFAR Date Number

52.2O3-I7 CONTRACTOR EMPLOYEE WHISTLEBLOWER APR 2014

RIGHTS AND REQUIREMENTTO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS

52.204.4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED MAY 2011

PAPER

52.204.9 PERSONALIDENTITY VERIFICATION OF JAN 2011

CONTRACTOR PERSONNEL

FAR 52.203-98, PROHIBITION ON CONTRACTING WITH ENTITIES TIIAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-

RXPRESENTATTON (DEVTATTON 2015_02)

(a) In accordance with section 743 of Division E, Title VII, of the consolidated and Further continuing Resolution Appropriations AcL2ol5 (pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, oiabuse to'sign internal confidentiality agreements or statements prohibiting or otherwise restrictiig such employees or subcontractors from lawfu y reportirL such waste, riaud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) ofthis provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from la*fully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

FAR 52.212-1 INSTRUCTIONS TO OFFERORHOMMERCIAL ITEMS (APR 2014)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block

10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description ofthe items being offered in sufficient detail to…