Solicitation Package 12639520Q0211.docx

INSTRUCTIONS TO OFFERORS

1. Submit quotes by email to Jeanine.J.Goral@usda.gov by the time specified in the solicitation.

A COMPLETE QUOTATION PACKAGE MUST CONTAIN THE FOLLOWING ITEMS:

Part 1: Technical Quotation Signed Standard Form (SF) 1449 OR Cover page. Reference the solicitation number and include company name, address, DUNS number and point of contact information.

Completed Pricing Schedule. Provide a unit price for each line item specified in the Pricing Schedule. Alternative pricing schedules will not be considered.

Past performance Information: Provide at least three (3) past performance references for recent and relevant work performed by the quoter within the last three years. Include project title, description, dollar value, dates performed, location and contact information (name, title, valid email address and phone number.)

Acknowledgement of any amendments to this solicitation.

Part 2: Product Sample

One (1) product sample of Rodent Feed, as specified, no less than 5 pounds Submit product samples to the address below for testing by the required response date/time. Mark with the solicitation number, company name, and point of contact information. Samples shall be submitted at no expense to the Government and will not be returned.

USDA APHIS WS

233 Pangelinan Way Barrigada, Guam 96913-1277

The Government may waive the requirement for the product sample where supplies identical to those called for in the schedule have been previously furnished by the quoter and have been accepted by the Government. The quoter may request a waiver.

2. Submit all questions by email to Jeanine Goral, Jeanine.J.Goral@usda.gov Questions should be submitted no later than three (3) days prior to the response deadline to ensure adequate time is available to respond and to amend the solicitation if necessary.

3. Vendors must be registered in the System for Award Management (www.beta.sam.gov), including current online representations and certifications, no later than the solicitation response date/time.

4. In accordance with Federal Acquisition Regulation (FAR) Subpart 9.1, a prospective contractor may be requested to provide additional information in order to assist the Government in making a responsibility determination.

5. The U.S. Department of Agriculture Animal and Plant Health Inspection Service (USDA APHIS) is an agency of the Federal Government and is tax exempt (Tax ID # 41‐0696271).

Past Performance References On a separate sheet(s) Please provide up to 3 references for past or current contracts within the last three years (including Federal, State, and local government and private) for efforts similar in size and scope to this solicitation requirement. References must provide the following to be considered:

Contract/Reference Number Company/Entity Name Point of Contact Name, title, phone number Description – Please identify any problems encountered on the contract and what corrective actions were taken.

PRICING SCHEDULE

Quoter is responsible for ensuring completeness of quotations. The Government may evaluate solely on the information provided in the quotation. Quotations that include additional terms may be excluded from consideration. Alternate Pricing Schedules will not be considered. Quotations must include a price for all items in the solicitation to be eligible for award.

Item Description Est. Qty. Unit* Unit Price Total

Ordering Period 1 (October 01, 2020 through September 30, 2021)

0001 Rodent Feed @ 50 lbs. /bag. 1040 EA ___________ _____________ Vendor to deliver up to 20 bags per week for 52 weeks/annually

Ordering Period 2 (October 01, 2021 through September 30, 2022)

1002 Rodent Feed @ 50 lbs. /bag. 1040 EA ___________ _____________ Vendor to deliver up to 20 bags per week for 52 weeks/annually

Ordering Period 3 (October 01, 2022 through September 30, 2023)

2003 Rodent Feed @ 50 lbs. /bag. 1040 EA ___________ _____________ Vendor to deliver up to 20 bags per week for 52 weeks/annually

Ordering Period 4 (October 01, 2023 through September 30, 2024)

3004 Rodent Feed @ 50 lbs. /bag. 1040 EA ___________ _____________ Vendor to deliver up to 20 bags per week for 52 weeks/annually

Ordering Period 5 (October 01, 2024 through September 30, 2025)

4005 Rodent Feed @ 50 lbs. /bag. 1040 EA ___________ _____________ Vendor to deliver up to 20 bags per week for 52 weeks/annually

TOTAL (OF ALL ORDERING PERIODS) $_______________________

SPECIFICATIONS

1.0 Project Background

The USDA, Animal and Plant Health Inspection Service (APHIS), Wildlife Services intends to procure feed for the live mice that are used as attractants in Brown Tree snake (BTS) traps located in Guam and islands of the Commonwealth of the Northern Marianas. The health and well-being of the live mice are of paramount importance in awarding this contract. The feed supplied must be up of the highest quality. The contractor will provide for up to twenty (20) bags of rodent feed (50# bags) every Monday (or Tuesday if Monday is a Federal Holiday) for the duration of the contract.

1.0.1 Scope of Work

APHIS Wildlife Services intends to award a five (5) year fixed price, indefinite quantity indefinite delivery (IDIQ) contract with economic price adjustment for Rodent Feed limited to the USDA APHIS Wildlife Services Guam Program located at 233 Pangelinan Way, Barrigada, Guam 96913-1277.

1.2 Product Specifications

The following are the specifications for the rodent feed:

1.2.1 Rodent Feed

The rodent feed supplied must be of the highest quality and all products must meet the following specifications:

Rodent Feed

Ingredients Wheat, Red and White Milo, 28% Pellet (de-hulled Soybean Meal, Wheat Middlings, Ground Wheat, Canola Meal, Ground Corn, Corn Gluten Meal, Rice Bran, Corn Germ Meal, Maize Distillers, Dried Grains, with Vitamins and Minerals.

1.3 Inspection

Independent analysis of rodent feed may take place at any time to ensure quality of product.

Vendor to provide stringent quality control measures to ensure product is of less than 1% spoilage, free of insects, mold or rot. USDA Wildlife Services will provide a minimum of twenty-four (24) hour notice.

1.4 Period of Performance

This will be a five year Indefinite Delivery Indefinite Quantity (IDIQ) contract. Funds will be obligated by delivery orders when rodent feed are needed.

1.5 Quantity and Delivery Schedule

On a weekly basis, up to 20 bags (50# each) of rodent feed will be delivered every Monday (Tuesday if Monday is a Holiday) for 52 weeks beginning October 01, 2020. Vendor to ensure an uninterrupted supply of rodent feed is delivered weekly unless occurrences beyond vendors control dictate a shortage. In this instance, the vendor will provide the maximum amount available and make up shortages in successive deliveries. Alternatively, the customer will pick up feed due to occurrences that may prevent delivery.

Rodent Feed shall be delivered within 1 week following the issuance of a delivery order. This is a firm delivery requirement.

Contract and delivery order minimums and maximums are addressed in the following clauses: 52.216‐19, Order Limitations” and 452.216‐73 “Minimum and Maximum Contract Amounts”. The line item quantities listed in the Pricing Schedule are not intended to convey either a minimum or maximum quantity that will be ordered by the Government. Delivery Order prices will be in accordance with the fixed rates established in the Pricing Schedule. The unit price that will be paid for any line item will not be changed based on the quantity actually ordered by the Government. The ultimate contract price for any given ordering period will be the sum of the delivery orders issued during that period.

1.5.1 Ordering Instructions

Orders may be placed by phone or email. A list of individuals authorized to place the order will be provided by the Contracting Officer. Unless otherwise directed, orders will occur automatically per the instructions in 1.4 Delivery Quantities.

1.5.2 Delivery Location:

Shipments will be FOB Destination to the following Address:

USDA APHIS Wildlife Services 233 Pangelinan Way Barrigada, GU 96913-1277

Deliveries shall be made Monday through Friday between 7:00 a.m. and 3:30 p.m.

1.6 First Article Testing

Prior to award, the contractor shall supply a 5 pound sample (First Article) that will be representative of all future yeast shipments for testing by the Government. The sample shall be delivered to: USDA APHIS Wildlife Services; 233 Pangelinan Way, Barrigada, GU 96913-1277 Attention: Lourdes Jubilado and should be labeled as such.

First article testing shall be performed in accordance with contract clause 52.209‐4 First Article Approval – Government Testing. The sample will be tested for compliance with Product Specifications (Section 1.2). Sample evaluation will begin by the government within 5 working days from the date received. The Contractor will be notified by the Government of the results of Pass or Fail. If the results pass the item will be deemed acceptable. If the results fail, the quoter’s offer of such rodent feed as equal will be denied.

1.7 Packaging and Delivery:

Affixed to the outside of the shipping container in water proof plastic pouch each shipment shall include the following:

Packaging Marketing:

Each bag product shall contain (50 lb. /bag) and must be identified with the following information on the individual bag:

· Name of product

· Lot number

· Manufacturing date

· Expiration Date

The shipping container shall have a permanently affixed label or printing that provides the following information with a minimum text height of 3/8 of an inch:

· Content Rodent Feed

· USDA APHIS WS

· Manufacturing date ______________

· Lot/Batch Number__________________

· Contract number ______________

· Do Not Crush ________________

· Manufacture’s Name _____________

Packaging: Affixed to the outside of the shipping container in water proof plastic pouch each shipment shall include the following:

· Material Safety Data Sheet (MSDS)

· Certificate of Analysis

· Packaging slip identifying the following:

· Contract Number

· Item Shipped

· Quantity

· Manufacture

The product shall be packaged suitable for shipment by common carriers. The bags shall be protected and be of sufficient strength to allow stacking to a height of 60 inches without crushing or breaking bags at the bottom of the stack.

If shipped via pallets, height of the cargo may not exceed 65” (inclusive of the pallet height)

Delivery Address (FOB Destination) USDA APHIS Wildlife Services 233 Pangelinan Way Barrigada, GU 96913-1277 Deliveries shall be made Monday through Friday between 7 a.m. and 3:30 p.m.

1.8 Contract Administration

The USDA designated Points of Contact (POC) to coordinate the work to be completed under this Contract are is listed below:

Technical Point of Contact: (TPOC) D. Buck Jolley 671-635-4400 David.B.Jolley@usda.gov

The USDA designated local Guam, Contracting Officer’s Representative (COR) to coordinate the work to be completed under this contract is:

Lourdes Jubilado Phone: 671-635-4400 Email: Lourdes.c.jubilado@usda.gov

Jeanine Goral – Contracting Officer USDA APHIS MRPBS AAMD Contracting 2150 Centre Ave, Building B 2E21 (MS 2E6) Fort Collins, CO 80256 Office: 612-396-3895 Jeanine.J.Goral@usda.gov

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions or other stipulations of this contract. Any other commitment, either explicit or implied, is invalid. The CO is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; (5) obligate or deobligate funds into the contract; or (6) otherwise change any terms and conditions of this contract. No information, other than that which may be contained in an authorized modification to this contract duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

1.9 Invoicing

Please show delivery order number on all invoices.

Payment is 30 days after receipt of a proper invoice, in accordance with the Prompt Payment Act (31 U.S.C. 3903).

Please see https://www.ipp.gov/vendors/enrollment-vendors.htm and submit invoices through the Invoice Processing Platform (IPP). Enroll at https://www.ipp.gov/.

The Contractor shall submit an original invoice (or electronic invoice, if authorized,) to the address designated in the contract to receive invoices (https://www.ipp.gov).

An invoice shall include the following:

(1) Name and address of the Contractor

(2) Invoice date; Invoice number;

(3) Delivery Order number;

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

USDA is a tax-exempt agency: Tax ID Number: 41-0696271. Tax Exempt # 4700.

2.0 Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given 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://farsite.hill.af.mil/vmfara.htm

52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) 52.212-4 Contract Terms and Conditions -Commercial Items (Oct 2018) 52.216-2 Economic Price Adjustment-Standard Supplies (Jan 1997) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

Clauses incorporated in Full Text 52.209-4 - First Article Approval -- Government Testing. (Sep 1989)

(a) The Contractor shall deliver a 5 pound product sample, together with a certified guarantee analysis (physical, chemical, biological) of content in order to be considered for award. The Government does not intend to pay for preparation of the sample nor the samples submitted by the respective contractor. The Government does not intend to return any unused portion of the sample provided by the respective contractor.

The Government reserves the right to submit product samples to an independent laboratory for further testing throughout the term of the contract. If the product fails to meet any of the aforementioned specifications, the contract will be terminated.

First Article Test Delivery Address:

USDA APHIS Wildlife Services 233 Pangelinan Way Barrigada, GU 96913-1277 Point of Contact: Jeff Flores Phone#: 671-635-4400 The shipping documentation shall contain this Solicitation number 12639520Q0211 identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 5 business days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor --

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor’s expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for

(1) progress payments, or

(2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(End of Clause) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. (June 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)).

(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:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), 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 (June 2020) (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 (June 2020) (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. (June 2020) (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 (March 2020).

__ (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.

X (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 (June 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 (June 2020) of 52.219-9.

__ (v) Alternate IV (June 2020) 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 Rerepresentation (Mar 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

__ (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) (E.O.13126).

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

X (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X (31) (i) 52.222-35, Equal Opportunity for Veterans (June 2020) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (June 2020) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (June 2020) (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 (June 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (June 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 (June 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (June 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 (June 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (June 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (June 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (June 2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

X (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (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.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

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

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63)(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.

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 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).

__ (4) 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).

__ (5) 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).

__ (6) 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).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (June 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 (JUN 2020) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (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).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

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

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

(xx) 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).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 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) 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 Contract Award Date through Contract end Date.

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

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

(End of Clause) 52.216-19 - Order Limitations. (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 11 bags, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of one 1 million dollars

(2) Any order for a combination of items in excess of one 1 million dollars; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 business days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government 52.216-22 -Indefinite Quantity (Oct 1995) (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 5 years from the date the contract is awarded.

(End of clause) 52.216-22 -Indefinite Quantity (Oct 1995) (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 5 years from the date the contract is awarded.

52.217-8 Option to Extend Services. (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days (End of clause) 52.217-9 - Option to Extend the Term of the Contract. (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 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).

(End of Clause)

452.211-5 Period of Performance. (FEB 1988) The period of performance is for an ordering period of 12 months from October 01, 2020 to September 30, 2021 and four (4) 12 month ordering periods.

(End of Clause)

452.216-73 - Minimum and Maximum Contract Amounts (Feb 1988)

During the period specified in FAR clause 52.216-18, Ordering, the Government shall place orders totaling a minimum of one order of at least 11 bags. Delivery Orders will not exceed a cumulative maximum of $1,000,000.00 from date of ward through contract end date.

(End of Clause)

452.216-74 Ceiling Price (Feb 1988)

The ceiling price of this contract is $1M. 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)

3.0 Solicitation Provisions

52.252-1 - 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):

http://farsite.hill.af.mil/vffara.htm (End of Provision)

52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting. (Jul 2016) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) 52.209-12 Certification Regarding Tax Matters (Feb 2016) 52.212-1 Instructions to Offerors - Commercial Items (Oct 2018) 52.212-3 Offeror Representations and Certifications - Commercial Items. (Dec 2019)

Solicitation Provisions in Full Text

52.252-1 -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 | Acquisition.GOV

(End of Provision)

52.212-2 Evaluation—Commercial Items. (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers in accordance with FAR Part 13 procedures:

The following factors shall be used to evaluate offers:

(i) Technical capability of the item offered to meet the Government requirement;

(ii) Delivery time frame

(iii) Past performance

(iv) Price In order to be considered technically acceptable, the offered tubes must meet the specifications outlined in the Specification of Work. Final acceptance of product will be made after delivery for each order to confirm that the offered products meet the specifications.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 Offeror Representations and Certifications -- Commercial Items (Oct 2018) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.beta.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision-- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L.