MODIFICATION
91 -- Furnish and Deliver #2 Heating Oil - Amendment 2 - Amendment 1
- Notice Date
- 6/19/2013
- Notice Type
- Modification/Amendment
- NAICS
- 424720
— Petroleum and Petroleum Products Merchant Wholesalers (except Bulk Stations and Terminals)
- 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
- AG2415S130003
- Archive Date
- 6/12/2013
- 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
- Updated Statement of Work SF-1449 RFQ 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-13-0003 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 2005-66. • III. This is a total small business set-aside and the associated NAICS code is 424720 and the small business size standard is 5 00 employees. • IV. Description of Requirement: The USDA, Agricultural Research Service (ARS) requires a Contractor to provide all labor, equipment, supplies, transportation and services for #2 Heating Oil deliveries to the USDA, ARS, PSWMRU Field Locations (identified below) 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 $35,000.00 per year. See "Attachment I- Statement of Work". All responsible quoters shall provide a quotation for line item 001, line items 002 and 003 are optional. Base - Period of Performance July 15, 2013 through July 14, 2014 or one year from date of award. Item No. Supplies/Services Qty Unit Current CAP 001 Furnish and Deliver Unit Price Unit Price # 2 Hearing Oil per _1__ GAL $_______ $ __­­­­­­­­­____ Attached Statement of Work, Estimated $35,000.00 per year. Note: The Service Contract Act does not apply to this service. Option 1 - Period of Performance July 15, 2014 through July 14, 2015 Item No. Supplies/Services Qty Unit Current CAP 002 Furnish and Deliver Unit Price Unit Price # 2 Heating Oil per __1__ GAL $_______ $ __­­­­­­­­­____ Attached Statement of Work, Estimated $35,000.00 per year. Note: The Service Contract Act does not apply to this service. Option 2 - Period of Performance July 15, 2015 through July 14, 2016 Item No. Supplies/Services Qty Unit Current CAP 003 Furnish and Deliver Unit Price Unit Price # 2 Heating Oil per __1_ GAL $_______ $ __­­­­­­­­­____ Attached Statement of Work, Estimated $35,000.00 per year. Note: The Service Contract Act does not apply to this service. 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 Locations: USDA, ARS, NAA, PSWMRU FIELD SITES •1) HEADHOUSE #4 (2500 Gallon tank below ground) 140 ft hose requirement. (LOCATED ABOUT 2 MILES FROM THE USDA, ARS, PSWMRU, CURTIN ROAD, BLDG. 3702, UNIVERSITY PARK, PA 16802) •2) ROCK SPRINGS (2000 Gallon tank above ground) 40 ft hose requirement. (LOCATED ABOUT 12 MILES FROM THE USDA, ARS, PSWMRU, CURTIN ROAD, BLDG. 3702, UNIVERSITY PARK, PA 16802) 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 has been scheduled for June 26th, 2013, at 9:00 a.m. local time. Please contact Karen Gardner, Contracting Officer, at 814-863-0928 or email karen.gardner@ars.usda.gov, to confirm your participation in this visit. There will only be one site visit scheduled for this project. • 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: l3 level1 lfo3; 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: l3 level2 lfo3; 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 when compared to 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. SPECIAL NOTICE TO OFFERORS REGARDING CCR AND SAM SYSTEMS As of July 29, 2012, both the CCR (and ORCA) on-line databases were shut down and replaced by a new on-line database called SYSTEM FOR AWARD MANAGEMENT (SAM). When going to the CCR (and ORCA) websites vendors/contractors should be re-directed to the new SAM website. In case of problems connecting to SAM from CCR (and ORCA), the SAM website is http://www.sam.gov. If vendors were previously registered in CCR (and ORCA), their vendor data was supposed to have transitioned into SAM, however, it is the vendor's/contractor's responsibility to verify on-line registration status in SAM. For this solicitation, for new vendors not previously registered in CCR (and ORCA), vendors are required to be registered in SAM. Note there are many predatory websites masking as "SAM" but the official web address is http://www.sam.gov. Please be advised that registration in SAM is completely free of charge. • 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 3 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) • X. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. (JAN 2013) (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). ___ (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)). ___ (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 (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). ___ (6) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). ___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). ___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 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). ___ (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] _X__ (12) (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). ___ (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).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 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)). ___ (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). ___ (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. 657f). _X__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (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)). _X__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X__ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _X__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X__ (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). _X__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). ___ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). ___ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (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.) ___ (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. _X__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). _X__ (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). _X_ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 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, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). _X__ (ii) Alternate I (Mar 2012) of 52.225-3. ___ (iii) Alternate II (Mar 2012) of 52.225-3. ___ (iv) Alternate III (Nov 2012) of 52.225-3. ___ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (42) 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). ___ (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)). _X__ (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). _X_ (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). ___ (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. ). ___ (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. ). ___ (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. ). ___ (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 U.S.C. 351, et seq. ). _X__ (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) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). ___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (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 (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 (Jul 2012). (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. • 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 5th, 2013 and shall be delivered by: Email to karen.gardner@ars.usda.gov, Fax, Postal service or Express service to: USDA/ARS/NAA Contracting Office, ATTN: Karen Gardner Bldg 3702, Curtin Road University Park, PA 16802
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- Zip Code: 16802
- Zip Code: 16802
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