PRESOL | 91 | Furnish and Deliver Liquid Oxygen - Package #1

FBO DAILY ISSUE OF JULY 12, 2012 FBO #3883
SOLICITATION NOTICE

91 -- Furnish and Deliver Liquid Oxygen - Package #1

Notice Date: 7/10/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 325120 — Industrial Gas Manufacturing
Contracting Office: Department of Agriculture, Agricultural Research Service, North Atlantic Area, Pasture Systems & Watershed Mgmt Research Unit, Curtin Road, University Park, Pennsylvania, 16802-3702, United States
ZIP Code: 16802-3702
Solicitation Number: AG2415S120004
Archive Date: 8/9/2012
Point of Contact: KAREN GARDNER, Phone: 814-863-0928
E-Mail Address: karen.gardner@ars.usda.gov
(karen.gardner@ars.usda.gov)
Small Business Set-Aside: Total Small Business
Description: Statement of Work This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation is being issued using simplified acquisition procedures. • I. Solicitation number AG-2415-S-12-0004 is issued as a request for quotation (RFQ). • II. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-58. • III. This is a total small business set-aside and the associated NAICS code is 325120 and the small business size standard is 1000 employees. • IV. Description of Requirement: The USDA, Agricultural Research Service (ARS), National Coldwater Marine Aquaculture Center (NCWMAC), located in Franklin, ME requires a Contractor to provide labor, equipment, supplies, transportation and services for liquid oxygen deliveries to the facility bulk storage tank in accordance with the terms, conditions, and specifications contained in this document. • V. Contract line items: We are looking for Cap Price terms and conditions. A cap price allows for market changes. We would like to lock in a price for one year with a price cap, which is the highest price we will pay for the period of performance. If the market price goes up we pay the cap price, but if the market price goes down we pay the lower price. We are also looking for volume discount pricing for an estimated $14,000.00 per year. See "Attachment I- Statement of Work". All responsible quoters shall provide a quotation for line item 001, line items 002, 003, 004, 005 are optional. Base - Period of Performance August 1, 2012 through July 31, 2013 or one year from date of award. Item No. Supplies/Services Qty Unit Current CAP 001 Furnish and Deliver Unit Price Unit Price Liquid Oxygen per attached _1__ GAL $_______ $ ______ Statement of Work, Estimated $14,000.00 per year. Note: The Service Contract Act does not apply to this service. Pending Availability of Funding. Option 1 - Period of Performance August 1, 2013 through July 31, 2014 Item No. Supplies/Services Qty Unit Current CAP 002 Furnish and Deliver Unit Price Unit Price Liquid Oxygen per attached __1__ GAL $_______ $ ______ Statement of Work, Estimated $14,000.00 per year. Note: The Service Contract Act does not apply to this service. Pending Availability of Funding. Option 2 - Period of Performance August 1, 2014 through July 31, 2015 Item No. Supplies/Services Qty Unit Current CAP 003 Furnish and Deliver Unit Price Unit Price Liquid Oxygen per attached __1_ GAL $_______ $ ______ Statement of Work, Estimated $14,000.00 per year. Note: The Service Contract Act does not apply to this service. Pending Availability of Funding Item No. Supplies/Services Qty Unit Current CAP 004 Furnish and Deliver Unit Price Unit Price Liquid Oxygen per attached __1_ GAL $_______ $ ______ Statement of Work, Estimated $14,000.00 per year. Note: The Service Contract Act does not apply to this service. Pending Availability of Funding Item No. Supplies/Services Qty Unit Current CAP 005 Furnish and Deliver Unit Price Unit Price Liquid Oxygen per attached __1_ GAL $_______ $ ______ Statement of Work, Estimated $14,000.00 per year. Note: The Service Contract Act does not apply to this service. Pending Availability of Funding Delivery/Deliverables - The Contractor shall provide automatic deliveries every 30 days. In addition, emergency deliveries may be required within two (2) hours upon receipt of a call from the Government's designated field location representative unless otherwise authorized by the CO. Delivery Location: USDA, ARS, NAA, NCWMAC Site •1) NCWMAC main building: 25 Salmon Farm Road, Franklin, ME 04634 All deliveries shall be F.O.B. Destination, Consignee's premises, within 30 days after the receipt of the Purchase Order and every 30 days until the end of this contract or expiration of funding. Delivery shall be between the hours of 8:00 a.m. to 3:30 p.m., Monday through Friday, excl. Federal holidays. In case of inclement weather, the Contractor must call the designated field location representative to verify that the facility is open for delivery. Site Visit A Site Visit can be scheduled by contacting Karen Gardner, Contracting Officer, at 814-863-0928 or email karen.gardner@ars.usda.gov. • VI. The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition The following are addenda to this provision: Addenda to FAR 52.212-1 Instructions to Offerors - Commercial Items (FEB 2012) <h4 style="PAGE-BREAK-AFTER: auto; TEXT-INDENT: -0.25in; MARGIN-LEFT: 63pt; mso-list: l15 level1 lfo12; tab-stops: 45.0pt"> •1. Item (b) Submission of Offers is amended to include the following: <h4 style="PAGE-BREAK-AFTER: auto; TEXT-INDENT: -0.25in; MARGIN-LEFT: 99pt; mso-list: l15 level2 lfo12; tab-stops: 45.0pt"> •a. Please submit pricing for all line items in Section V. •2. Item (c) Period for acceptance of offers is amended to include the following: The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of quotes. •3. Please provide Technical Information in accordance with section VII. • VII. The provision at 52.212-2, Evaluation -- Commercial Items, applies to this acquisition. (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: (i) Technical capability of the offer to meet the Government requirement; (ii) Past performance (see FAR 15.304); (iii) Price; Technical and past performance when combined, are more important than price. However, in the event that offers are considered essentially equal in terms of technical competence, price may become the determining factor in contract selection. (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. ADDENDA TO FAR CLAUSE 52.212-2 Evaluation -- Commercial Items (Jan 1999) A. Evaluation factors for award-failure to provide the information relative to each evaluation factor may render your offer non-responsive. Any resulting order will be issued to the company offering the best value to the Government, price and other factors considered. The following factors shall be used to evaluate offers and will be scored on a Pass/Fail: (i) Technical capability of the item offered to meet the Government requirement; (ii) past performance; Technical and past performance, when combined, are more important than price. FAILURE TO PROVIDE THE INFORMATION RELATIVE TO EACH EVALUATION FACTOR MAY RENDER YOUR OFFER NON-RESPONSIVE. 1) TECHNICAL CAPABILITY OF THE FIRM. Technical capability will be based on company profile, information for safety protocols and training of employees on safety spills, delivery timeframes, delivery time to location. Each offeror is required to furnish information or other documentation, that shows how the offered product and service meets or exceeds the requirements as specified in the Specifications. 2) PAST PERFORMANCE. Past performance history may be based on the Contracting Officer's knowledge of any previous history of this type of work, customer surveys or any other verifiable information available to the Contracting Officer. The offeror's lack of performance history will not result in disqualification, but will result in a "PASS" on the past performance rating. In order to be considered for a contract award, Contractors shall provide a list of three (3) contracts of a similar nature and complexity that were awarded within the past three (3) years or that is/are currently in force. This information must be submitted with your offer. For each contract, list the following: 1. Name, address, and telephone number of the contracting organization, the Government's Project Officer and Contracting Officer. 2. Contract number, type, dollar value, unit price, number of gallons, and cost. 3. Date of contract and period of performance. 4. List any contract(s) terminated for convenience or default (partial or complete) within the past three (3) years. Include the contract number, name, address, and telephone number of the terminating officer. Past Performance will only be check on the offerer who meets the best value to the Government. 3) PRICE. Price includes all labor, product costs, equipment, supplies, services, discount terms, and transportation costs. Discounts for multiple quantities, additional rebates, and total price per gallon and any resulting combination will be considered best value to the Government. • VIII. The clause at 52.212-3, Offeror Representations and Certifications -- Commercial Items, applies to this acquisition. ON-LINE REPRESENTATIONS AND CERTIFICATIONS (ORCA) Vendors are directed to complete all representations and certifications on line by registering with the Business Partner Network at http://www.bpn.gov. Vendors who do not have access to the Internet or feel they need additional Internet help should contact the Contracting Officer issuing this solicitation. A copy of your on-line representations and certifications shall be provided with your offer. • IX. The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. ADDENDA TO FAR 52.212-4 Contract Terms and Conditions - Commercial Items (FEB 2012) •A. FAR 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 60 days. •B. FAR 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 calendar 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. •a. Additional Provisions and Clauses The following FAR provisions and clauses apply to this solicitation: 52.204-7--Central Contractor Registration (APR 2008), 52.216-2 Economic Price Adjustment-Standard Supplies. (Jan 1997), 52.223-18-- Contractor Policy To Ban Text Messaging While Driving (AUG 2011), 52.247-34-- F.o.b. Destination (NOV 1991), 52.232-18 Availability of Funds (APR 1984), 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) • X. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. (MAY 2012) (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) 52.222-50, 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) ). (2) 52.233-3, Protest After Award ( Aug 1996) ( 31 U.S.C. 3553 ). (3) 52.233-4, Applicable Law for Breach of Contract Claim ( Oct 2004 ) (Pub. L. 108-77, 108-78). (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. 253g and 10 U.S.C. 2402 ). (Applies if >SAT) __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 ( 41 U.S.C. 251 note )). (Applies if >$5million & POP >120 days) __ (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.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) ( 31 U.S.C. 6101 note ). (Applies if >$25,000.) __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X_ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). (Applies >$30,000) __ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). (Applies if >$500,000 & offeror checked "has" in paragraph (b) of the provision at 52.209-7.) XX (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). (Applies if using funds from FY 2008 through FY 2010 or in Fiscal Year 2012.) __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) ( 15 U.S.C. 657a ). __ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a ). __ (11) [Reserved] XX (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) ( 15 U.S.C. 644 ). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (13)(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. __ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) ( 15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) ( 15 U.S.C. 637(d)(4) ). (Applies only to large business prime contractors.) __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)( 15 U.S.C. 644(r) ). __ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) ( 15 U.S.C. 637(a)(14) ). __ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) ( 15 U.S.C. 637(d)(4)(F)(i) ). (Applies only to large business prime contractors.) __ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns ( Oct 2008 ) ( 10 U.S.C. 2323 ) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). (Does not apply to civilian agencies. (FAR 19.1102(a)) __ (ii) Alternate I (June 2003) of 52.219-23. __ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323 ). __ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323 ). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) ( 15 U.S.C. 657 f ). __ (23) 52.219-28, Post Award Small Business Program Representation (Apr 2012) ( 15 U.S.C. 632(a)(2) ). __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) ( 15 U.S.C. 637(m) ). __ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) ( 15 U.S.C. 637(m) ). XX (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (Applies to all, except Walsh-Healy which has own clause.) XX (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). XX (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). (Applies if >$10,000 & FAR 52.222-26 is included.) XX (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)( 38 U.S.C. 4212 ). (Applies if >$100,000) XX (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) ( 29 U.S.C. 793 ). (Applies if >$15,000) __ (32) 52.222-37, Employment Reports on Veterans ( Sep 2010) (38 U.S.C. 4212). ( Applies if >$100,000) __ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). (Applies if >SAT) __ (34) 52.222-54, Employment Eligibility Verification ( Jan 2009 ). (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.) (and applies if >SAT.) __ (35)(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.) __ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products ( Dec 2007 ) ( 42 U.S.C. 8259b ). __ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products ( Dec 2007 ) (E.O. 13423). __ (ii) Alternate I ( Dec 2007 ) of 52.223-16. XX (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving ( Aug 2011 ) (E.O. 13513). XX (39) 52.225-1, Buy American Act-Supplies (Feb 2009) ( 41 U.S.C. 10a-10d ). (See FAR 25.1101 for multiple prescriptions) X_ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (May 2012) ( 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, and 112-42). ( See FAR 25.1101(b)) X_ (ii) Alternate I (Mar 2012) of 52.225-3. X_ (iii) Alternate II (Mar 2012) of 52.225-3. _X (iv) Alternate III (Mar 2012) of 52.225-3. __ (41) 52.225-5, Trade Agreements ( May 2012 ) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). (See FAR 25.1101(c)) XX (42) 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). __ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150 ). __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C. 5150 ). __ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) ( 41 U.S.C. 255(f), 10 U.S.C. 2307(f) ). __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) ( 41 U.S.C. 255(f), 10 U.S.C. 2307(f) ). XX (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) ( 31 U.S.C. 3332 ). __ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) ( 31 U.S.C. 3332 ). XX (49) 52.232-36, Payment by Third Party (Feb 2010) ( 31 U.S.C. 3332 ). __ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a ). (Applies to certain IT acquisitions) __ (51)(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. ] _ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) ( 41 U.S.C. 351, et seq.). (Applies to service contracts >$2,500) (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) ( 29 U.S.C. 206 and 41 U.S.C. 351, et seq.). (Applies if SCA & >$2,500) __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) ( 29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) ( 29 U.S.C. 206 and 41 U.S.C. 351, et seq.). (When FAR 52.222-41 is included & >SAT) __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) ( 41 351, et seq. ). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) ( 41 U.S.C. 351, et seq. ). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) ( 31 U.S.C. 5112(p)(1) ). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 ( 41 U.S.C. 251 note )). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) ( 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) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) ( 38 U.S.C. 4212 ). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) ( 29 U.S.C. 793 ). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) ( 41 U.S.C. 351, et seq.). (ix) 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) ). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) ( 41 U.S.C. 351, et seq. ). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) ( 41 U.S.C. 351, et seq. ). (xii) 52.222-54, Employment Eligibility Verification ( Jan 2009 ). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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. AGAR 452.209 - 71 -- A SSURANCE 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 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, the USDA, Agricultural Research Service (ARS) may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739. AGAR 452.209-70 -- REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) (FEB 2012) (a) Awards made under this solicitation are 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. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation. (b) The Offeror represents that - (1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.) • XI. Additional Documents, Exhibits, Attachments •· Attachment I, "Statement of Work" • XII. Offer Submission and Due Date Offers are due by 3:30 pm E.D.T., Friday, July 25, 2012 and shall be delivered by: Email to karen.gardner@ars.usda.gov, Postal service or Express service to: USDA/ARS/NAA Contracting Office, ATTN: Karen Gardner Bldg 3702, Curtin Road University Park, PA 16802
Web Link: FBO.gov Permalink
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Place of Performance: Address: 25 Salmon Farm Road, Franklin, Maine, 04634, United States; Zip Code: 04634
Record: SN02798217-W 20120712/120710235337-3fc331f70871766ef8738ad917d20f3b (fbodaily.com)
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91 -- Furnish and Deliver Liquid Oxygen - Package #1