FBODaily.com | FedBizOpps: PRESOL | 68 | Lineatin Lures - Attachment_1 AG-6395-S-16-0152

FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 20, 2016 FBO #5384
SOLICITATION NOTICE

68 -- Lineatin Lures - Attachment_1 AG-6395-S-16-0152

Notice Date: 8/18/2016
Notice Type: Combined Synopsis/Solicitation
NAICS: 325320 — Pesticide and Other Agricultural Chemical Manufacturing
Contracting Office: Department of Agriculture, Animal and Plant Health Inspection Service, Administrative Services Division/Contracting, 100 North 6TH Street, Butler Square 5TH Floor, Minneapolis, Minnesota, 55403
ZIP Code: 55403
Solicitation Number: AG-6395-S-16-0152
Archive Date: 12/30/2016
Point of Contact: Carol R. Dingess, Phone: 970-494-7360
E-Mail Address: carol.dingess@aphis.usda.gov
(carol.dingess@aphis.usda.gov)
Small Business Set-Aside: Total Small Business
Description: Interested vendors please complete and return Attachment_1 on or before notice closing date and time (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Parts 12 and 13 using the format found at FAR Subpart 12.6 - Streamlined Procedures for evaluation and solicitation for commercial items and supplemented with additional information included in this notice. Contracting officers shall use the policies in this part in conjunction with the policies and procedures for solicitation, evaluation and award prescribed in Part 13, Simplified Acquisition Procedures; Part 14, Sealed Bidding; and Part 15, Contracting by Negotiation, as appropriate for the particular acquisition. Contracts for the acquisition of commercial items are subject to the policies in other parts of the FAR. When a policy in another part of the FAR is inconsistent with a policy in this part, this part 12 shall take precedence for the acquisition of commercial items. (ii) This solicitation number AG-6395-S-16-0152 is being issued as a, request for quotation (RFQ) (iii) In accordance with Federal Acquisition Regulation (FAR) clause 52.252-2 (Feb 1998);The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular. Applicable FAR clauses are incorporated by reference and may be viewed on the following website (s) https://www.acquisition.gov/ https://www.acquisition.gov/far/index.html http://www.dm.usda.gov/procurement/policy/agar_x/agarbase/index.html (iv) This requirement is being issued as a Small Business Set set-aside in accordance with Federal Acquisition Regulation (FAR) 52.219-6. (Nov 2011) In accordance with Agricultural Acquisition Regulation ( AGAR )452.219-70 (NOV 1996) Size Standard and NAICS Code Information : The North American Industrial Classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation is listed below: NAICS Code 325320 - Pesticide and Other Agricultural Chemical Manufacturing Size Standard - 1,000Employees (v) List of contract line item number(s) and items, quantities and units of measure Lineatin Lures, in accordance with specifications All cost to include but not limit to: overhead, general and administrative, profit, insurance, and shipping. (vi) Description of requirements for the items to be acquired. Firm Fixed Priced Indefinite Delivery/Indefinite Quantity Contract to supply Lineatin Lures, in accordance with specifications. The period of performance is from date of award and not to exceed five years. Pricing includes but not be limited to: overhead, general and administrative, profit, insurance and transportation. 52.209-4 First Article Approval-Government Testing required. During the period specified, the Government shall place orders totaling a minimum of 300 Lures per period, but not in excess of 10,000 Lures per period. The quantities of supplies specified in the Schedule are estimates only and are not purchased by this contract. LURE SPECIFICATIONS 1. General description: The lineatin lure is an aggregation phero1none developed fron1 the insect Trypodendron lineatum (Olivier) (Scolytidac: Coleoptera) (Macconnell et al., 1977). 2. Length of effectiveness: One lure should be effective for a minimum of 90 days under field conditions, assuming temperatures of 30°C during the day and 20°C at night for a daily average of 25°C. 3. Dispenser description: The lure should be formulated into a dispenser that can be suspended in a multi-funnel trap. Dispensers should contain a minimum of 8 mg of lure at time of purchase. Please note that 8mg minimum is the current understood sample amount. Vendors can submit additional information supporting a lower load rate, the material should be peer reviewed scientific literature. 4. Active ingredients Lineatin: 3,3,7-Trimethy l-2,9-dioxatricyclo [3.3. l.04,7] nonane (Kliinetzek ct al., 1980; MacCconnell et al., 1977). 5. Description of lure and chemical/ physical properties: Lure is a clear liquid at room temperature. All lots shall be uniform in comnposition. 6. Target species: Lineatin is an attractant for the European hardwood ambrosia beetle, (Trypodendron domesticion) (Coleoptera: Scolytidae), \when tested under standard laboratory and field conditions (Paiva and Kiesel, 1985; L. Humble, personal co1mnunication). 7. Other names of attractant: NIA STORAGE AND SHELF LIFE The dispenser shall be resistant to damage and moisture \when handled during normal field trapping operations. The dispenser shall contain the full amount of the active components upon delivery of the product from the manufacturer to the designated delivery location. Stability dispensers, upon delivery, shall exhibit satisfactory shelf life for at least six months. Prior to shipment to USDA-APHIS, the dispenser shall be stored by the manufacturer in a manner that is appropriate for both the active ingredient and the type of dispenser. For lineatin lures, the dispenser shall be stored under refrigeration (2 to 3°C) for no longer than 1 month or frozen (-15°C) for no longer than one year. SAMPLING AND TESTING Vendors shall supply specifications on the product including: 1) amount of active ingredient(s) in the dispenser at the time of shipment 2) length of effectiveness in the field (assuming temperatures of 30°C during the day and 20°C at night for a daily average of 25°C) and 3) a certificate of analysis for the active ingredient(s). 1. Primary Testing Once potential vendors have been identified and before contracts have been awarded, USDA-APHIS-PPQ reserves the right to perform testing on the neat materials and final dispenser/product. If USDA/APHIS-PPQ deems this testing necessary, each vendor shall supply a sample of the neat product that will be used to impregnate the dispenser, representative of what will be provided to fulfill the contract agreement. The exact amount of solution will be negotiated if requested. In addition, each vendor shall supply a sample of the final product (20 prepared dispensers) a. Neat material Prior to incorporation into dispensers, USDA-APHIS reserves the right to conduct a chemical analysis of a lot of liquid lineatin, representative of what will be provided to fulfill the contract agreement. A lot is defined as a volume [for liquids] or a quantity [for lures] of lineatin made from a specific mass of material with uniform composition, fabricated in a single production run under controlled, consistent conditions, and having a unique identification code. Analyses to be conducted will be based on the testing capabilities of the USDA-APHIS-PPQ-CPHST Laboratory. Testing may include, but is not Limited to: 1) identity by Infrared Spectroscopy (IR) 2) identity by refractive index 3) determination of purity by Gas Chromatography and 4) determination of isomer confirmation by Gas Chromatography. Samples are to be analyzed in triplicate and results averaged. b. Lures/Dispensers This method is applicable to the analysis of Polymeric Dispensers to evaluate conformance with established contractual guidelines. A report is generated comparing findings. Data is reported as: average emission rate in mg/hour and average milligram content of lineatin (as total of grouped isomers). 2. Quality Assurance (QA) USDA-APHIS-/PPQ shall conduct QA testing of each batch of solid dispensers procured through this contract. For purposes of sampling, each group of dispensers filled with liquid lineatin from the same lot, and on the same calendar day during a single, continuous (i.e., uninterrupted) production run is defined as a batch and the coded designation of a batch as the batch number. The vendor shall supply a sample of the final product (20 prepared dispensers) from each batch supplied to USDA-APHIS-PPQ. a. First-article Testing of Solid Dispensers USDA-APHIS-CPHST shall conduct chemical and physical analyses on 20 solid dispensers from each batch to test compliance with the specifications of this contract. Test data shall be analyzed and compliance/non-compliance shall be determined using the methods and criteria in as established by CPHST. 52.209-4 First Article Approval-Government Testing. (SEPT 1989) Prior to Solicitation Closing Date (a) The Contractor shall deliver 20 individually packaged lures Prior to Solicitation Closing Date to the Government at Attention John Crowe Solicitation# AG-6395-S-16-0152 Lineatin lure Samples USDA APHIS PPQ 22675 N. Moorefield Rd Bldg 6420 Edinburg, TX 78541 These lures will be provided at no cost to the government The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract. (b) Within 30 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval. (c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests. (d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract. (e) Unless otherwise provided in the contract, the Contractor- (1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and (2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense. (f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay. (g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test. (h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. (i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver. (End of clause) (vii) Place(s) of delivery and acceptance for supplies on Contract. FOB Destination Address: USDA APHIS PPQ 22675 N. Moorefield Rd Bldg 6420 Edinburg, TX 78541 1. Packaging The product 1nust be packed in an impermeable over pack to prevent any leaking. 2. Packaging Marking (a) The product must be identified, both on the lure packet and the shipping containers with lot number, contract number, and manufacturing date. (b) A certificate of analysis of the product being sold to the Government must accompany each shipment. 3. Shipment will be FOB Destination and Inspection and acceptance is in accordance with FAR Clause 52.212-4(a) 4. For Invoice Processing and Payment. USDA uses the Invoice Processing Platform (IPP) for electronic submission and tracking of purchase orders, invoices, and payment information to its suppliers of goods and services: Enroll at https://ipp.gov. The IPP is a government-wide secure web-based invoice processing service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury's Financial Management Service (FMS). Upon contract award, you will receive a notification of your one-time enrollment requirement in an automatic invoice payment notification system available through IPP. This one-time enrollment in IPP means that you will receive a series of e-mails from Treasury services. Contractors must submit invoices and attach all supporting documentation as required within 5 business days of completion of services provided. Supporting documentation include,for example; maintenance inspection checklist, timecard for labor, travel receipts etc.. The COTR will review the supporting documents before approving invoices in IPP, if supporting documentation is not provided the invoice will be rejected. IPP will issue a notification to contractor that they must submit supporting documentation and resubmit the invoice. Please see https://www.ipp.gov/vendors/enrollment-vendors.htm and Submit invoices through the Invoice Processing Platform (IPP) Enroll at https://www.ipp.gov/ IPP is a secure, web-based system that manages government invoicing. 5. The U.S. Department of Agriculture is a tax exempt agency. (Exempt from state and Federal tax) Tax ID Number : 41-0696271. Tax Exempt # 4700 (viii) The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition. (Oct 2015) (ix) Evaluation is In accordance with FAR Provision 52.212-2 Evaluation-Commercial Items. (Oct 2014) (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: 1. First Article Test Results 2. Price In accordance with FAR 15.101-1; First Article Test Results is most important and Price is 2nd (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) (x) offerors are to include a completed copy of the provision at 52.212-3, (Jul 2016) Offeror Representations and Certifications-Commercial Items, with its offer. (see pages# 5 - 16 on Attachment#_1) (xi) The clause at 52.212-4, (May 2015) Contract Terms and Conditions-Commercial Items, applies to this acquisition. (xii) The clause at 52.212-5, (JUN 2016) Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items. (JUN 2016) (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 (Nov 2015) (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)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [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 (Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (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. (Oct 2015) (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 2014) (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 Set-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. __ (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 2015) (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 2015) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting 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. 657 f). 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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (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) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). __ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). __ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). __ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693). X (45) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (46)(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. __ (47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (48) 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). __ (49) 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). __ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (55) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (58)(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) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 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). __ (5) 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). __ (6) 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). __ (7) 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). __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (10) 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 (Oct 2015) (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 $700,000 ($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 (l) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xii) 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). (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) The following clauses and provisions also apply to this acquisition FAR Clause 52.232-40 (Dec 2013) Providing Accelerated Payments to Small Business Subcontractors applies to this acquisition. FAR Clause 52.204-18 (Jul 2015) Commercial and Government Entity Code Maintenance. FAR Clause 52.225-25 (Oct 2015) Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications FAR Clause 52.216-18 (Oct 1995) Ordering. FAR Clause 52.216-19 (OCT 1995) Order Limitations. FAR Clause 52.216-22 (OCT 1995) Indefinite Quantity. AGAR Clause 452.211-5 (FEB 1988) Period of Performance. AGAR Clause 452.216-73 (FEB 1988) Minimum and Maximum Contract Amounts. FAR Provision 52.204-16 (Jul 2016) Commercial and Government Entity Code Reporting. Far Provision 52.204-17(Jul 2016) Ownership or Control of Offeror. Far Provision 52.204-20 (Jul 2016) Predecessor of Offeror. (full text/ see page #17 of Attachment_1) (xiii) Warranty Implied Warranty - The Government's post award rights contained in 52.212-4 are the implied warranty of merchantability, the implied warranty of fitness for particular purpose and the remedies contained in the acceptance paragraph. Additional Warranty - : Explain all details of the warranty. If an extended warranty is available explain details of extended warranty including price and availability after initial warranty expires. The Offeror shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale, provided such warranty is available at no additional cost to the Government. Acceptance of the standard commercial warranty does not waive the Government's rights under the Inspection clause nor does it limit the Government's right with regard to the other terms and conditions of this contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty. The contractor shall provide a copy of its standard commercial warranty (if applicable) with this response. (xiv) This requirement has no DPAS rating. Defense Priorities and Allocation System (DFAS) does not apply as this acquisition is not in support of an approved national defense, emergency preparedness, or energy program. (xv) The date, time quotes are due is: September 22, 2016 at 4:00pm (MT) Questions regarding this requirement are to be submitted no later than 09/08/2016 **First Article Test Samples are due at the Edinburg, TX Facility prior to the solicitation closing date of 09/22/2016** Please return Attachment_1 to: Carol Dingess Email: Carol.Dingess@aphis.usda.gov Mailing Address: Attn: Carol Dingess Contract Specialist Ref# AG-6395-S-16-0152 USDA/ APHIS/MRPBS/AAMD 2150 Centre Avenue Building B (MS -2E20) Fort Collins, CO 80526 Ph# 970-494-7360 Fax# 970-472-1897 Attn Carol Dingess (2E20) (xvi) The name and telephone number of the individual to contact for information regarding the solicitation. Same as (xv)
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68 -- Lineatin Lures - Attachment_1 AG-6395-S-16-0152