Commodity Inspection Services
Department of Agriculture, Animal and Plant Health Inspection Service | Published March 2, 2015 - Deadline March 16, 2015
Contractors must indicate the facilities they wish to have included in the BPA, only the locations listed on the pricing schedule will be considered for inclusion in the BPA if awarded.
8. This solicitation is 100% small business set-aside.
Rate shall be a firm fixed hourly rate for inspection services at the location(s) quoted. Pricing shall include all costs associated with providing the service.
Item No Description Unit Price
001 Commodity Inspection tiny_mce_marker_____ PER HR
Services -04/01/2015 - 03/31/2016
1. DETAILS OF SOLICITATION
1.1 DESCRIPTION OF AGREEMENT: This is a solicitation to establish one or more Blanket Purchase Agreements (BPAs). Pursuant to Federal Acquisition Regulation (FAR) 13.303, Blanket Purchase Agreements, the Contractor agrees to the following terms of a BPA EXCLUSIVELY WITH UNITED STATES DEPARTMENT OF AGRICULTURE (USDA), ANIMAL PLANT HEALTH INSPECTION SERVICE (APHIS) and Grain Inspection, Packers and Stockyards Administration (GIPSA). Contractor shall provide processed commodity inspection and weighing services under the authority of the Agriculture Marketing Act (AMA) in the geographical area serviced by the FGIS Domestic Inspection Operations Office (DIOO). These areas include commodity plants in Crete, Nebraska; Cambria, Wisconsin; and Danville, Illinois. Work shall be done in accordance with the specifications when requested by the Contracting Officer or those individuals authorized to make call orders under the BPA.
1.2 TERM OF AGREEMENT: The effective period of this BPA is one year (April 01, 2015 through March 31, 2016).
1.3 EXTENT OF OBLIGATION: The Government is obligated only to the extent of authorized call orders actually placed against this BPA.
1.3.1 Review for compliance to new statutes or directives shall be completed, at least annually, before the anniversary of the BPA's effective date. Any revisions to the BPA, as a result of this review, shall be accomplished by a bi-lateral modification.
1.3.2 This agreement may be unilaterally terminated at any time by either party with thirty days written notice and may be rewritten or revised at the option of the Contracting Officer.
1.3.3 Purchases after the specified period or exceeding the aggregate total dollar limitation shall not be authorized, nor considered an obligation.
1.3.4 Call orders made under this BPA will include, by reference, the terms and conditions set out in this BPA.
1.4 PRICING: The prices to the Government for all services under this BPA shall be as low as, or lower, than those charged the supplier's most favored customer for comparable services under similar terms and conditions.
Call orders are estimated overall at 200-3500 hours of service annually (approximately 280 hours yearly at Danville, approximately 3000 hours yearly at Crete, approx. 3400 hours yearly at Cambria). No single call order may exceed $25,000. Estimated hours at each location may vary. The Government is obligated only to the extent of authorized call orders actually placed against this BPA. There is no minimum guarantee under this BPA. If more than BPA is awarded, the decision to use a particular BPA will be made based on location, price, and service need.
1.5 PURCHASE LIMITATION: Each Call Order placed by individuals authorized under this BPA shall not exceed $25,000. BPA Ceiling: Combined Call Orders must not exceed $250,000 per BPA per BPA year. There is no minimum guarantee under this BPA.
1.6 LIMITATIONS OF INDIVIDUALS AUTHORIZED TO PLACE CALL ORDERS AND DOLLAR AMOUNT: Calls under this agreement are only authorized by the following USDA Personnel and USDA Contracting officer. All call orders by the following personnel are limited to $25,000 per person, per call:
Authorized USDA Personnel:
Ron Metz - 816-659-8400
Jeff LHeureux - 816-659-8415
Claudius Price - 816-659-8414
Brian Woods - 816-659-8402
Roy Lyon - 316-204-3851
Sara Ludwig - 816-659-8404
Andrew Greenfield - 202-720-0277
Denise Ruggles - 816-659-8406
Warranted USDA Contracting Officer
1.6.1 Orders under the BPA will be issued based on hourly requirements for a given service location and shall detail the BPA Pricing Schedule item and quantity being ordered.
1.6.2 All calls by USDA purchasers shall be tracked and reported to the contracting officer at least quarterly. This information shall be sent to Patricia.firstname.lastname@example.org.
1.6.3 DELIVERY: Upon services rendered under this agreement, the supplier shall provide a delivery ticket or sales slip containing the following minimum information:
(i) Name of contractor/worker.
(ii) BPA number.
(iii) Date(s) of services rendered.
(iv) Purchase number.
(v) Itemized list of services furnished.
(vi) Quantity and unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).
(vii) Date of delivery or shipment.
1.7 RECEIPT AND ACCEPTANCE OF PURCHASES: Receipt of purchases shall be indicated by signature and date on the appropriate form by the authorized Government representative. This shall be subject to acceptance by the assigned receiver when compared to the documentation of the original call. A sales slip, or delivery ticket (See 1.6.2), may be used for receipt and acceptance.
The USDA, APHIS uses the Invoice Processing Platform (IPP) for electronic submission and tracking of invoices and payment information to its suppliers of goods and services. Invoices shall be submitted electronically to the IPP invoicing system. The contractor may register at https://ipp.gov . An invoice must include-
(1) Name and address of the Contractor;
(2) Invoice date;
(3) BPA number, contract line item number and, if applicable, the order number;
(4) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(5) Terms of any prompt payment discount offered;
(6) Name and address of official to whom payment is to be sent; and
(7) Name, title, and phone number of person to be notified in event of defective invoice. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. Contractors are encouraged to assign an identification number to each invoice.
1.9 DELIVERY: All items will be FOB Destination.
1.10 POINT OF CONTACTS (POCs):
a. Technical POC for arranging delivery: Andy Greenfield (202) 720-0277
b. Payment POC for invoicing: Denise Ruggles, USDA, GIPSA, FGIS, National Grain Center, 10383 N. Ambassador Drive, Kansas City, MO 64153. Phone: 816-659-8406
c. Contracting Specialist for BPA related issues: Patricia Simon, USDA, APHIS, MRPBS, ASD, 100 North Sixth Street, 5th Floor, Minneapolis, MN 55403. Email: Patricia.email@example.com. Telephone: 612-336-3460
Statement of Work
To Assist the U.S. Department of Agriculture,
Grain Inspection, Packers and Stockyards Administration,
Federal Grain Inspection Service
In Providing Commodity Inspection and Weighing Services
The U.S. Department of Agriculture (USDA), Grain Inspection, Packers and Stockyards Administration (GIPSA), facilitates the marketing of U.S. grain and related agricultural products through the establishment of standards for quality assessments, and regulation of handling practices. GIPSA's Federal Grain Inspection Service (FGIS) administers the official commodity inspection and weighing program under the authority of the Agricultural Marketing Act of 1946 (AMA), as amended. The AMA authorizes the Secretary of Agriculture to contract with private firms, institutions, and individuals for the purpose of performing specified inspection services. FGIS will use this contracting authority to supplement its workforce by contracting with private companies and individuals to sample, inspect, and weigh commodities when requested by FGIS-Field Management Division.
2.2 SCOPE OF WORK
Contractor must provide processed commodity inspection and weighing services under the authority of the AMA in the geographical area serviced by the FGIS Domestic Inspection Operations Office (DIOO) and have a base of operations within a 25 mile radius of the commodity plant. The commodity plants are in Bunge Milling, 1405 Norman Avenue, Crete, Nebraska; Didion Milling, 501 S Williams St., Cambria, Wisconsin; and Bunge Milling, 321 East North Street, Danville, Illinois.
Work at the plant may include any or all activities in the Processed Commodities Handbook, Weighing Handbook, Condition of Food Container Handbooks, Sanitation Handbook, and applicable Directives. The commodity inspection services that FGIS may assign to the contractor may include any of the following services:
a. Sampling Service. Drawing a sample from a processed commodity lot using FGIS-approved methods to obtain representative samples for laboratory analysis to determine quality based contract requirements and instructions.
b. Condition of Food Container Inspection. Examining the containers for condition, construction, sealing, and markings using U.S. Standards for Condition of Food Containers. (Reference: Agricultural Marketing Service, Part 42--Standards for Condition of Food Containers)
c. Checkweighing. Weighing a selected number of containers from a processed commodity lot, determining the estimated total gross, tare, and net weight, or the estimated average gross or net weight per filled container. (Reference: Chapter 4, FGIS Weighing Handbook)
d. Carrier Stowage Examination. Visually determine if a carrier or container is clean; dry; free of infestation, rodents, toxic substances, and foreign odor; and suitable to store or carry a commodity. (Reference: Directive FGIS 9180.48)
e. Checkloading. Performing a stowage examination on a carrier, computing the number of filled containers loaded aboard the carrier, observing the condition of containers loaded aboard the carrier, and sealing the loaded carrier, if practicable. (Reference: Directive FGIS 9180.50)
The number and kind of work activities at each plant may expand or be reduced during the contract period based on requests FGIS-Field Management Division (FMD) receives from interested parties involved in purchasing and producing product and FGIS-FMD's performance assessment of the contractor.
2.3 APPLICABLE DOCUMENTS
Contractor must perform all commodity inspection and weighing related services in accordance with the AMA (7 U.S.C. 71 et seq.), regulations (7 CFR Part 868 subpart A), Handbooks, instructions, methods, policies, and procedures.
Links to applicable material for this work are in parts of the following:
Sanitation Inspection Handbook: http://www.gipsa.usda.gov/fgis/handbook/sanitation_inspec.aspx
Weighing Handbook, Chapter 4, Checkweighing:
Processed Commodities Handbook, Chapters 1, 2, and 3:
United States Standards for Condition of Food Containers:
a. Contractor must perform all commodity inspection and weighing related services using licensed personnel. Personnel must demonstrate written and practical knowledge and hold active licenses as defined by FGIS-FMD before they can perform work independently. Licenses may be issued by FGIS-FMD on or before the first day of work after contractor demonstrates knowledge of the written material and can show they can do the work. FGIS-FMD is available to offer clarity on written material and work procedure before licensing. Written material is identified in Applicable Documents, see paragraph 2.3.
b. Contractor must also be able to (i) read, write, and understand English (ii) perform basic mathematical computations (i.e. addition, subtraction, multiplication, and division) and (iii) be able to lift at least 50 pounds.
1. Not have a conflict of interest (as specified in 7 CFR §868.80). This includes the contractor and any officer, director, stockholder, employee, or other related entity.
(a) Advise FGIS immediately of any proposed change in name, ownership, officers or directors, or control of the contractor and, if a trust, any change affecting the trust agreement.
(b) Not enter into any local work agreements with plants.
(c) Not accept personal compensation (this includes Contractor employees) of any kind from plants or plant personnel.
2. Have qualified personnel available that meet the physical condition requirements in the Sanitation Inspection Handbook.
(a) Provide transportation for personnel to and from point(s) of service, and compensate personnel assigned to perform services under this Statement of Work.
(b) Use only personnel licensed by FGIS-FMD to perform services.
(c) Train and assist personnel in acquiring and maintaining the necessary skills to perform official service and maintain records of training.
(d) Keep FGIS informed of the personnel status changes and report any requests for work falling outside this SOW to FGIS.
(e) Ensure personnel have readily available, during working hours, a valid FGIS issued license to perform assigned services and that they abide by the plant's or mill's safety and sanitation regulations.
3. Provide official services at the time scheduled by FGIS-FMD or within two hours after receiving non-scheduled request for personnel from FGIS-FMD.
4. Follow approved official procedures and use only approved equipment for performing official sampling.
5. Report immediately any apparent violation of the AMA, Part 868 regulations, and instruction to the field office according to FGIS Directive 9070.6, Reporting Violation of the U.S. Grain Standards Act and the Agricultural Marketing Act of 1946, as amended.
6. Submit reports, samples, and other required documents to locations, within the time frame, and in the manner specified by FGIS-FMD.
(a) Use forms provided by FGIS-FMD to document work.
(b) Complete and sign required reports and inspection forms.
(c) Keep an accurate record of the time inspections begin and finish.
7. Invoice FGIS-FMD for services rendered in response to BPA Call orders.
(a) Submit invoices to FGIS-FMD assigned personnel via email and IPP.GOV. Billing invoices must contain sufficient documentation as determined by FGIS-FMD to support payment. At a minimum, invoices must include information in Paragraph 1.6.2 above.
c. GIPSA's, FGIS, Field Management Division personnel are responsible for interpreting specifications; determining appropriate inspection methods and techniques; and developing inspection guidelines, instructions, handbooks, and training aids.
1. License personnel determined by FGIS as qualified to perform official sampling and related services. Test potential licensees to determine their skills and abilities. (Information that will be tested is contained in paragraph 2.3 and this SOW.) Conduct triennial renewals of licensed individuals. Issue licenses, in accordance with 7 CFR Part 868 Regulations as supplemented by FGIS-issued instructions and maintaining the licensing database.
2. Provide the Contractor with the pertinent regulations, instructions, directives and notices; sampling, inspection and weighing procedures and equipment; containers and tags for mailing samples; security containers; FGIS Directive 9070.6, Reporting Violations of the U.S. Grain Standards Act and the Agricultural Marketing Act of 1946; official forms including Form FGIS-110, Bribery Card.
3. Monitor the performance of Contractor in the application of sampling methods and techniques. FGIS-FMD will take the appropriate action if the work performed on its behalf is unacceptable as determined by FGIS-FMD.
4. Report to the Contracting Officer, if the Contractor is found to be in violation of the AMA and regulations. FGIS will suspend or revoke any license according to applicable regulations when it deems such action to be for the good of USDA-GIPSA.
5. Pay contractor for performance rendered in response to a BPA service call order. Payment will be based on the BPA pricing schedule and actual service rendered.
6. Designate service testing laboratories which the contractor may send commodity samples for chemical, physical, and microbiological analysis or inspections. Provide Contractor the location and time of service requests.
7. Spot check Contractor's performance to ensure that it is according to contract specifications. The method and frequency of spot checking will be determined by FGIS-FMD and will depend on various factors including the contractor's performance history, service point workload, distance, and budget constraints.
8. Ensure that the Contractor understands: inspection and weighing methods and techniques; sampling methods and techniques; how to use handbooks, instructions, sampling plans, forms, and any equipment involved in performing required services; the necessity and procedures for sample, equipment, and inspection data security; that samples must be mailed to the appropriate laboratory in a timely manner; and that they are not employees of the Federal Government and therefore, are not covered by such benefits as health, retirement, vacation, social security, unemployment compensation, workman's compensation, etc.
The Contractor shall provide the service when calls are placed against the BPA by the individuals authorized to request services during the contract period of performance.
The Government and Official Agencies are obligated only to the extent of authorized purchases made under the BPA.
2.6 BASIS FOR PAYMENT
The hourly rate for inspection services (includes all services listed in Paragraph 2.2 above) will be paid for services rendered at the service location in response to a BPA service call order.
Hourly rates for official inspection services shall include all costs necessary to perform the services covered under paragraph 2.2, including, but not limited to, transportation, training, licensing, overtime and premium pay, maintaining supplies, securing information, per diem, lodging, administration, and scheduling.
The contractor is responsible, without separate hourly reimbursement, for employee scheduling, re-ordering supplies, protecting equipment/supplies, securing and discarding reserve files, ensuring plant and company personnel meet sanitary requirements, supervising all activities, training in all activities, and maintaining relations with plant management.
a. Each Year Hourly rate (one rate)shall cover the following: .
1. Cost of performing service and related administrative costs;
2. Cost of first-class mail service between contractor and employee;
3. Cost of overtime and premium pay.
b. Computing hourly rates.
Hourly fees will be assessed in quarter hour increments for:
1. All services covered by the contract, (hourly rate applies uniformly), whether services are performed singly or combined, payment is based on one hourly rate.
2. Performance of the requested service, less mealtime. Time worked online at plants and for time worked off-line necessary to facilitate work activities. Off-line hours is specific to preparing paperwork and samples for distribution and delivering samples and paperwork to local mail drop off sites after production is completed. The amount of off-line time allowed for payment is determined by FGIS-FMD based on local assessment of each plant location and production processes.
c. Application of rates when service is delayed by Plant.
Hourly rates will be paid when:
1. Service has been requested at a specified location;
2. Contractor's employee is on duty and ready to provide service but is unable to do so because of a delay by the plant (i.e. equipment breaks down or other plant caused disruptions in production); and
3. Contractor determines that the Contractor's employees or licensed subcontractors cannot be used elsewhere or have not been withdrawn or dismissed.
d. Application of rates when request for service is withdrawn or dismissed.
Hourly fees will be assessed to GIPSA for the scheduled service if the request is withdrawn or dismissed after the Contractor's employee departs for the service point or if the request for service is not withdrawn or dismissed by 2 p.m. of the business day preceding the date of scheduled service. (2-hour minimum) However, hourly fees will not be assessed to GIPSA if Contractor's officials determine that the Contractor's employee can be used elsewhere or if the Contractor's employee can be released without cost to the Contractor.
e. To whom fees are assessed.
Fees for official services including additional fees will be assessed to and paid by GIPSA for the service.
1. The number of hours requested to work is not guaranteed; that is, the hours may be fewer than the amount shown in the Call Order.
2. Guaranteed 2-hour minimum payment per call out.
3. Form FGIS-992, Services Performed Report, must be completed and sent to FGIS each time called to a service location to perform a service. If, upon arrival, there is no work (including standby time), the service location call out and departure times and the phrase 2-hour minimum must be shown in the Comments of Sampler block. If there are fewer than 2 hours of work performed (including standby time), the service location departure time and the phrase 2-hour minimum must be shown in the block.
2.7 PUBLIC RELATIONS
It is essential for all employees of the Contractor, and their licensed subcontractors, to display a positive image of USDA-GIPSA by ensuring that their employees maintain favorable relations with the processed commodity plant or mill and associated staff. Personnel must be courteous in their dealings with facility management. All personnel working for the Contractor must carry identification at all times documenting employment by the Contractor. Work must be performed with due care, taking precautions against damage to property and interference with vehicular or pedestrian traffic. The Contractor must protect against damage to all USDA-GIPSA, commodity loading facility, and associated property.
2.8 QUALITY ASSURANCE
A. The government will evaluate the Contractor's performance under this contract. Nonperformance or substandard task performance will be documented when it occurs.
B. The Government will monitor quality control procedures under this contract. The Contractor will submit a quality control plan before the contract start date. The plan must include methods to be used for identifying and preventing defects in the quality of service performed and records to be kept to document corrective or preventive actions taken. The Contractor must make appropriate modifications and obtain acceptance of the plan by the Contracting Officer before the contract start date.
2.9 CONTRACTOR LIABILITY
The Contractor is liable for any damages, losses, or injuries to people, property, and animals, which occur as a result, directly or indirectly, from work performed by the Contractor's employees and licensed subcontractors while under contract with USDA-GIPSA. The Contractor must immediately notify FGIS and the Contracting Officer, of any damages, losses, or injuries occurring during the performance of any contract with USDA.
3.0 WAGE RATES
The Service Contract Act applies to this contract. The Department of Labor Wage rates will be included in the BPA terms for each location and are listed below. The commodity plants are located in:
Crete, Nebraska, WD 2005-2323 Dated 12/22/2014
Cambria, Wisconsin WD 2005-2579 Dated 12/22/2014
Danville, Illinois, WD 2005-2165 Dated 12/22/2014
4.0 CLAUSES AND PROVISIONS
52.204-13 System for Award Management Maintenance (Jul 2013)
52.212-4 -- Contract Terms and Conditions -- Commercial Items (Dec 2014)
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Dec 2014)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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:
[Contracting Officer check as appropriate.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (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 of Div. 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).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11) (i) 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.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved]
_X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 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)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Oct 2001) of 52.219-9.
___ (iii) Alternate II (Oct 2001) of 52.219-9.
___ (iv) Alternate III (Oct 2014) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
_X__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (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 (Nov 2011) (15 U.S.C. 657f).
_X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (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)).
___ (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)).
___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
___ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).
_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
_X__ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
_X__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).
__X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
__X_ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
__X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X___ (33) 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.)
___ (34) (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.)
___ (35) (i) 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.
___ (36) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (38) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X__ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (41) (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.
___ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (43) 52.225-13, 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).
___ (44) 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).
___ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X__ (49) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (50) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (53) (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.
(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.]
_X__ (1) 52.222-41, Service Contract Labor Standards (May 2014) (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) (May 2014) (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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
___ (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order 13658).
(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(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. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (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 of any 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 (1) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).
(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
(viii) 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.
(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
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 no later than 30 days before contract expiration.
52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION 2014-0001) (October 2014)
This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, Implementation of the President's Executive Order Establishing a Minimum Wage for Contractors, dated June 12, 2014.
(a) Each service employee, laborer, or mechanic employed in the United States (the 50 states and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.
(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.
(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.
(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).
(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.
52.228-5 Insurance -- Work on a Government Installation (Jan 1997)
452.228-71 INSURANCE COVERAGE (NOV 1996)
Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:
(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.
(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence
(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and 500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.
(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.
(End of Clause)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
452.237-74 KEY PERSONNEL (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel:
Inspection Services Personnel
(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.
(End of Clause)
52.246-4 -- Inspection of Services -- Fixed-Price (Aug. 1996)
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):
(End of Clause)
AGAR 452.209 - 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS
(a) This award is subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, Sections 738 and 739 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it -
(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and
(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these Attachment 1 AGAR Advisory 104 Attachment 1, AGAR Advisory 104 Page 4 of 4 convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.
(b) If the awardee fails to comply with these provisions, USDA may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739.
(End of Clause)
52.212-1 Instructions to Offerors-Commercial Items. (Apr 2014)
52.212-3 Offeror Representations and Certifications-Commercial Items. (DEC 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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-
(1) 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
(2) 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 Federal Supply Classes (FSC) 1000-9999, except-
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 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.
"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. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).