Solicitation: # 12-1NTS-17-S-0005

United States 

Department of 

Agriculture

FARM SERVICE AGENCY

Commodity Operations

The U.S. Department of Agriculture (USDA), Farm Service Agency (FSA), Deputy Administrator for 

Commodity Operations (DACO) requests quotations from responsible sources to provide marine cargo 

discharge/delivery survey services in Djibouti, Jordan, Pakistan, South Sudan, Turkey, and Yemen.

The services will include surveys of containerized commodities for food assistance programs. It is the intention 

of the Government to award a firm-fixed price contract to one firm for each country. 

June 30, 2017

1 of 42
Part I -- The Schedule 

A. Solicitation/Contract Form SF1449

2 of 42
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 

calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR: 

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS 

 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED 

 HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: 

BUSINESS EDWOSB 

SERVICE-DISABLED 

VETERAN-OWNED SIZE STANDARD: 

SMALL BUSINESS 8 (A) 

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS

MARKED 

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER 

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION 

 RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

OFFEROR CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK 

BELOW IS CHECKED SEE ADDENDUM

19. 

ITEM NO.

20. 

SCHEDULE OF SUPPLIES/SERVICES

21. 

QUANTITY

22. 

UNIT

23. 

UNIT PRICE

24. 

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA 

ARE ARE NOT ATTACHED 

ARE ARE NOT ATTACHED 

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND 

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY 

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER 

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE 

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION 

PREVIOUS EDITION IS NOT USABLE 

STANDARD FORM 1449 (REV. 2/2012) 

Prescribed by GSA - FAR (48 CFR) 53.212 

3 of 42
B. Supplies Or Services And Prices/Costs 

1. The Government is contemplating the award of an indefinite delivery/requirements contract. It is 

anticipated that food aid cargoes requiring marine cargo discharge/delivery survey services will be 

shipped to the following countries; however, due to program changes, there is no guarantee that a 

survey will be required at all locations during the period of the contracts. 

a. Djibouti 

b. Jordan

c. Pakistan

d. South Sudan 

e. Turkey

f. Yemen

2. Provide the following marine cargo discharge/delivery survey services as needed.

Table 1.1 – List of Services

Description UOM

Discharge Survey only - Bulk no bagging MT

Discharge Survey only - Bulk including bagging MT

Discharge Survey only – Breakbulk MT

Draft Survey Per Day

Customs Locations Per Day

TBL - Discharge and Delivery Survey - Bulk no bagging MT

TBL - Discharge and Delivery Survey - Bulk including bagging MT

TBL - Discharge and Delivery Survey – Breakbulk MT

Discharge Survey Only - Containerized - No Devanning (1) Container

Discharge Survey Only - Containerized - Devan at Port (2) Container

Discharge and Delivery Survey - Containerized - Devan at Inland Delivery Location (3) Container

Discharge and Delivery Survey - Containerized - Devan at Port + Breakbulk Inland 

Delivery Location (4)

Container

(1) Containers are not devanned OR surveyor not a witness to devanning. Container and seal check 

only. Attendance at port.

(2) Containers are devanned at port (within 25 km radius). Attendance at port.

(3) Containers are transported inland where devanning occurs. Attendance at port and inland delivery 

location.

(4) Containers are devanned at port, cargo loaded onto conveyance to inland destination for breakbulk 

survey. Attendance at port and inland delivery location.

3. Under certain circumstances, the Gorvernment may require that ancillary services be performed. 

Examples of such services include sampling of damaged commodities and providing analysis of 

suspected unfit cargoes. Sampling must be performed to ISO Standards. Please include pricing for 

the tests below in your offer. 

a. Silver Nitrate

b. Moisture

c. Commodity Analysis of Fitness for Human Consumption 

4 of 42
C. Statement Of Work 

1. Scope of Work: To address risks inherent with shipping U.S. food aid to overseas destinations, 

the Government is seeking to contract with a marine cargo survey company to attend, witness, and 

examine food cargoes, document the count and condition of these food aid shipments and 

activities related to disposition, and provide a written report. We are seeking an experienced 

survey firm with a proven performance record conducting like work. The survey reports issued by 

the Contractors will be used by the Government to fix responsibility for loss and damage to the 

food aid. Please note that the discharge location and final delivery location may be in two different 

countries. Services are required based on the country of final destination. 

2. Background: The Farm Service Agency procures staple foods for use in various international 

food aid programs administered by the U.S. Agency for International Development (USAID). The 

food is purchased in bulk and packaged form and transported overseas by ocean carriers to 

discharge ports or foreign inland destinations for delivery to Non-Governmental Organizations 

(NGO), Private Voluntary Organizations (PVO), or foreign governments. Given the inherent 

nature of transporting bulk and packaged food long distances by sea and overland in foreign 

nations, there is a potential for loss or damage. To address this risk, a marine cargo survey is 

performed for each food aid shipment during unloading at the foreign destination. 

The products subject to marine cargo discharge/delivery survey service include dry staple foods 

such as rice, peas, beans, and lentils; dry blended foods such as wheat-soy blend and corn-soy 

blend; and vegetable oil type products. This food aid is typically packaged in polypropylene or 

paper bags ranging in size from 25 to 50 kilograms, cardboard cartons containing consumer-pack 

quantities, liquid 20 liter pails, 6/4 liter containers, and 208 liter drums. Bulk grain and oil 

cargoes may be shipped such as wheat, corn, soybeans, soybean meal and vegetable oil.

Agricultural commodities for food assistance programs are shipped overseas using three shipment 

methods: containerized shipments, breakbulk shipments, and bulk shipments. Cargoes will be 

shipped port-to-port or on through bills of lading where the cargoes are transported to inland 

locations. 

CONTRACTOR REQUIREMENTS 

3. Technical Requirements/Tasks: The surveyor shall attend and report on all food aid deliveries 

made to the country covered under this contract. Once the cargo has lifted from the US port, the 

Government will provide the contractor a task order which will include the following information 

detailing the cargo to be surveyed: 

 a. Vessel

 b. Conveyance type 

 c. Booking terms 

 d. Destination 

 e. Commodity 

 f. Estimated time of arrival

 g. Ocean bill of lading 

h. Tonnage 

5 of 42
Task orders will be issued electronically; however, the Government reserves the right to issue 

task orders orally or by facsimile if necessary. A task order will be issued for each originating 

vessel/voyage with the same discharge/ETA and a survey will be required of every Ocean 

Bill of Lading (OBL). Multiple surveys may be required per task order. A task order will 

contain one type of conveyance (bulk, breakbulk, or containerized) and one booking type 

(through bill of lading, discharge only, devan at port, etc). Price paid for each task order is 

based on total quantity (number of containers or MT) for entire task order.

For each ocean bill of lading, the contractor shall provide a written survey report and supporting 

documentation, in English or with translation, with sufficient detail and documentation so as to 

fix responsibility for losses occurring while cargo is under the care, custody, and control of the 

steamship company transporting the cargo. All portions of the report must be sent in as original 

documents. A copy of the report should be sent to the receiver. 

The following tables describe the requirements of each shipment type. 

Table 3.1 applies to all shipments.

Table 3.2 has additional requirements for containerized shipments. 

Table 3.3 had additional requirements for breakbulk shipments. 

Table 3.4 has additional requirements for bulk shipments. 

TABLE 3.1 REQUIREMENTS FOR REPORTS - ALL SHIPMENTS 

Witness and Examine Cargos Required 

Documents

1 Personally observe and describe in detail the discharge/ delivery process. 

2 List representatives present during each survey location or action including their 

organization, names, and titles.

3 For TBL shipments, list type of delivery vehicle and describe road and travel 

conditions in the event of an accident. 

Pictures of road 

conditions and any 

accidents

4 Provide certifications signed by a minimum of one third party (vessel personnel, 

NGO/PVO representatives, and/or custom representatives) to verify the Contractor’s 

attendance at each location attended.

Certificate of 

Attendance with 

signatures

Document the Count of the Cargo Required 

Documents

5 Document the quantity of cargo discharged/delivered including explanation of why 

shortages/damages have occurred if known.

6 Document quantity of cargo removed by customs.

7 Provide signed, legible, and accurate original stroke tallies. Original hard copy 

required

Document the Condition of the Cargo Required 

Documents

8 Report the condition of cargo discharged/delivered. 

9 Report infestation, if any.

10 Describe the type and severity of any damage and cause of the damage if known. Pictures of damages 

with a visible PO 

number

11 Describe the weather conditions incurred from the time of discharge through the 

completion of survey when weather is a contributing factor to loss/damages and/or 

delays. 

6 of 42
TABLE 3.2 ADDITIONAL REQUIREMENTS FOR REPORTS - CONTAINERIZED 

SHIPMENTS

TABLE 3.3 ADDITIONAL REQUIREMENTS FOR REPORTS - BREAK BULK 

SHIPMENTS

12 Provide evidence that a written notice of loss was presented to the carrier and/or 

carrier's representative within three days of discharge/delivery.

Copy of notice

Monitor the Disposition or Reconstitution of Cargo Required 

Documents

13 Provide third party lab test results, if applicable.

14 Observe and provide documentation photographs and evidence for the disposition of 

any damaged (including reconstituted) cargo.

Witness and Examine Containerized Cargos Required 

Documents

1 Personally observe discharge/ delivery and describe the container conditions. 

Document/photograph any container defects.

Pictures to support 

findings

2 List and photograph the container manufacture date, seal number, and container 

number at each required delivery location. 

Pictures of both the 

date and container 

number

3 Provide a statement on the condition of container seals at discharge/ customs/ 

delivery. If broken or additional seals are applied, the survey must state where new 

seals were applied and report both the original seal numbers and new seal numbers.

Pictures documenting 

the condition of 

container seals

4 Report on the availability and access to containers at customs locations.

Document the Count Required 

Documents

5 List the number of containers discharged/delivered.

Document the Condition Required 

Documents

6 List the location of any damaged/wet bags in the container. Pictures to support 

findings

7 When commodities are found to be wet or moldy, inspect containers and describe 

condition of door seals. Document any holes.

Pictures to support 

findings

8 Note condition of container floor area if contractor suspects moisture may have 

penetrated around or through the floor.

Pictures to support 

findings

9 When desiccants are present (per CAPIT protocol) provide description of placement 

and position in container. If condensation or evidence of damages caused by 

condensation is present, provide the weight of the desiccants. 

Pictures of desiccant 

placement when 

condensation is 

present

Witness and Examine Breakbulk Cargos Required 

Documents

1 For TBL shipments, describe the loading of land conveyance process.

Document the Count Required 

Documents

2 For TBL provide dispatch count. Stroke tallies or other 

document of count 

7 of 42
TABLE 3.4 ADDITIONAL REQUIREMENTS FOR REPORTS ON BULK SHIPMENTS

4. In the event of suspected major damage: the surveyor shall immediately notify the Technical 

Monitor and follow the performance standards. 

a. For damaged cargo suspected to be unfit for human consumption, collect a 

representative sample of the cargo for analysis following ISO standards.

b. If further analysis is recommended, include a price for the applicable tests in the email 

to the technical monitor. Also include the name and location of the proposed 

independent third party lab for analysis 

c. Obtain authorization from the Contracting Officer in the form of an SF-30 Contract 

Modification prior to proceeding with lab analysis. 

5. Deliverables / Schedule: The Contractor shall liaise with Technical Monitor, the vessel agent, 

and NGO/PVO in order to coordinate on-time attendance and the service to be provided. 

 The Contractor shall provide timely replies to inquiries, within three (3) working days. 

 

Document the Condition Required 

Documents

3 Check vessel holds before and after discharge. Document conditions that contribute 

to damages/losses.

Pictures to support 

findings

Witness and Examine Bulk Cargos Required 

Documents

1 List scale information including scale location, scale type, date of last calibration, 

and other factors affecting scale weight accuracy.

2 For liquid cargoes and tallow, list condition of pumping equipment, shore tanks/tank 

trucks and other factors affecting weight accuracy.

3 For a draft survey, document quantity on free-out shipments, lightering operations, 

and for shipments where scales are not available.

4 Describe cleaning of vessel tanks and blowing of lines. Pictures of 

findings

5 Describe bagging process and any conditions that contribute to damage/loss of 

cargo.

Pictures of 

findings

Document the Count Required 

Documents

6 Provide the actual (or estimated, if actual not available) weight loss of any shortage, 

or damaged cargo and the type and severity of damage.

7 Report the quantity bagged and dipached; document the total bag count and weight 

and the method of such determination. Forward original stroke tallies with the 

survey report to document the quantity of cargo bagged and stacked.

Document the Condition

8 Check vessel holds before and after discharge. Document conditions that contribute 

to damages/losses.

Pictures to support 

findings

8 of 42
Key Deliverables Table

Item No.

Deliverable Objective Due

1 Preliminary 

Survey KC334 

Report shall inform USDA of arrival 

and general condition of cargo. 

No later than five (5) 

business days after 

completion of 

discharge/delivery.

2 Final Survey 

Report and 

KC-334 

Report shall include all required 

elements detailed in tables 3.1 – 3.4 

and shall be sufficient to support the 

USDA claims recovery process.

No later than 60 days* after 

date of cargo delivery. 

3 Draft Survey Determine weight of cargo 

offloaded. 

No later than 60 days* after 

date of cargo delivery.

 

 * When submission of the report cannot be made within 60 days, a request for extension must be 

made to the contracting officer by e-mail prior to the 60 day deadline, with a justification for the 

delay and an estimated completion date. If reconstitution is not expected to be completed within 

approximately two weeks, the report should still be submitted, with reconstitution documentation to 

follow upon completion of the process. 

6. Place of Performance The task order(s) will be issued to the contractor on the basis of where the 

survey work ends. Shipments for which title transfers at the discharge port will be awarded on the 

discharge port country survey contract. Those shipments considered by USDA on a through bill of 

lading, requiring attendance at both the discharge port and inland location(s), will be awarded on 

the survey country contract of the inland location. 

a. All attendance requirements and locations will be listed in the task order. The surveyor 

may be required to perform multiple task orders simultaneously at numerous locations. 

b. The surveyor will attend the discharge and delivery of all food aid cargoes covered by 

this contract, including the locations below. 

i. Discharge port (which may be in a different country than the country for which 

the surveyor has a contract)

ii. Delivery location(s), as applicable

iii. On a port to port bill of lading, the survey must be performed at the quay, 

warehouse or container place of rest as determined by the booking note/charter 

party or as otherwise allowed by the port. 

c. Additional attendance may be required at the other locations described below as 

determined by shipment type. 

a.Containerized Shipments: A survey is also required at the following locations: 

(1) Customs locations where the containers are opened

(2) The discharge port where containers are opened 

(3) The final destination(s) for through bill-of-lading shipments 

d. Breakbulk Shipments: A survey is also required at the following locations: 

i. For through bill-of-lading shipments: 

(4) Loading of land conveyance 

(5) Ultimate destination(s)

e. Bulk Shipments: 

i. For bulk shipments which require bagging, a survey is also required at the 

following locations: 

(6) Location of bagging operation 

(7) Loading of land conveyance 

(8) Final destination(s) for through bill-of-lading shipments 

9 of 42
ii. For bulk shipments which require a draft survey, additional performance may be 

required at the following locations:

(9) On board mother vessel 

(10) On board lightering vessel(s) 

7. Contractor’s Key Personnel: The Contractor shall provide all management, supervision, and 

personnel to provide the requirements under the contract. 

a. The survey company (management) shall be experienced in performing similar survey 

services for humanitarian food aid or similar products. A single point of contact, and back 

up, shall be provided, along with years of experience and type of work experience. 

b. Sufficient staffing shall be available to cover potential multiple and simultaneous 

discharge and inland delivery locations. 

c. Surveys shall be completed by qualified, experienced surveyors. Information on the key 

parties, including years of experience and type of work experience, shall be provided. 

d. If the work is to be subcontracted out, there is still management oversight by the Offeror, 

and the Offeror is the key party for communications with USDA. The full name of the 

subcontracted entity shall be provided. 

 

D. Packaging and marking – N/A 

E. Inspection and acceptance 

1. The Contracting Officer or the Contracting Officer's duly authorized representative will inspect 

surveys for accuracy and completeness. Acceptance will occur when the complete, original survey 

and all original supporting documents have been received. 

2. Inspection and acceptance will be performed at: 

USDA-FSA-DACO

Contract Reconciliation Division – Export Debt Branch

Beacon Facility – Mail Stop 8758 

2312 East Bannister Road 

Kansas City, Missouri, 64141-3011 

3. All survey reports and related survey documentation shall be submitted concurrently with the 

associated invoice to the address above. Invoices may be submitted electronically to the technical 

monitor at mark.jones@kcc.usda.gov. 

F. Deliveries or performance 

1. Period of Performance: The contracts awarded from this solicitation will be multi-year option 

contracts. 

Period Performance Dates

Base period October 1, 2017 to September 30, 2018

Option period 1 October 1, 2018 to September 30, 2019

Option period 2 October 1, 2019 to September 30, 2020

Option period 3 October 1, 2020 to September 30, 2021

Option period 4 October 1, 2021 to September 30, 2022

10 of 42
2. Deliverables shall be submitted in accorandance with the timeframes outlined in the Statement of 

Work in Section C. 

G. Contract administration data 

1. This contract is being administered by: 

Kyla Stoufer 

816-926-8828 

Kyla.stoufer@kcc.usda.gov

2. The technical monitor for this contract is:

Mark Jones

816-823-1143 

Mark.jones@kcc.usda.gov

3. The offeror should include the payment address in the proposal, if it is different from that shown 

for the offeror.

H. Special contract requirements – N/A

Part II -- Contract Clauses 

I. Contract clauses 

Provisions and clauses in effect through FAC 2005-95 are incorporated into this RFQ, as applicable. 

52.252-2 -- CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they

were given in full text. Upon request, the Contracting Officer will make their full text available. Also,

the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm

52.212-4 -- CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JAN 2017) 

ADDENDUM TO CLAUSE 52.212-4 

1. Addendum to Paragraph (e) Definitions. 

(1) “COR” means Contracting Officer’s Representative duly authorized by the Contracting 

Officer. 

(2) “Technical Monitor” means an advisor to the Contracting Officer on the technical 

performance of the contract.

(3) "Major damage" means damage that in the estimation of the surveyor exceeds USD $5,000. 

(4) "Materials" applies to other direct costs, including travel expenses. 

(5) "NGO" means non-governmental organization which receives the food aid to be surveyed. 

(6) "TBL" means through bill of lading. 

(7) "Third party lab" means a laboratory meeting international ISO testing standards that is not 

affiliated/associated with either the ocean carrier or receiver involved in the shipment. 

(End of addenda) 

11 of 42
 

52.204-13 - SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2016) 

 

52.204-18 - COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) 

52.204-19 - INCORPORATION BY REFERENCE OF REPRESENTATIONS AND 

CERTIFICATIONS (DEC 2014)

AGAR 452.211-72 – STATEMENT OF WORK/SPECIFICATIONS. (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except 

as otherwise specified), to perform the Statement of Work/Specifications referenced in Section C. 

AGAR 452.211-75 - EFFECTIVE PERIOD OF THE CONTRACT (FEB 1988)

The effective period of this contract is from October 1, 2017 through September 30, 2022. 

 

52.216-18 - ORDERING (OCT 1995) 

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery 

orders or task orders by the individuals or activities designated in the Schedule. Such orders may be 

issued from October 1, 2017 through September 30, 2022. 

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event 

of conflict between a delivery order or task order and this contract, the contract shall control. 

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the 

order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if 

authorized in the Schedule. 

52.216-19 - ORDER LIMITATIONS (OCT 1995) 

(a) Minimum order. When the Government requires supplies or services covered by this contract in an 

amount of less than one ocean container for containerized cargoes, 75 metric tons for breakbulk, or 500 

metric tons for bulk cargoes, the Government is not obligated to purchase, nor is the Contractor obligated 

to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 450 ocean containers for containerized cargoes, 

40,000 metric tons for breakbulk, or 65,000 metric tons for bulk cargoes. 

(2) Any order for a combination of items in excess of 450 ocean containers for containerized 

cargoes, 40,000 metric tons for breakbulk, or 65,000 metric tons for bulk cargoes.; or 

(3) A series of orders from the same ordering office within two (2) days that together call for 

quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. 

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the 

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one 

requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph 

(b) of this section. 

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding 

the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering 

office within three (3) days after issuance, with written notice stating the Contractor's intent not to ship 

12 of 42
the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire 

the supplies or services from another source. 

 

52.216-21 - REQUIREMENTS (OCT 1995) 

(a) This is a requirements contract for the supplies or services specified, and effective for the period 

stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only 

and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's 

requirements do not result in orders in the quantities described as "estimated" or "maximum" in the 

Schedule, that fact shall not constitute the basis for an equitable price adjustment. 

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the 

Ordering clause. Subject to any limitations in the Delivery-Order Limitations clause or elsewhere in this 

contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule 

and called for by orders issued in accordance with the Ordering clause. The Government may issue orders 

requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the 

supplies or services specified in the Schedule that are required to be purchased by the Government 

activity or activities specified in the Schedule. 

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit 

on total orders under this contract. 

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that 

delivery may be specified under this contract, and if the Contractor will not accept an order providing for 

the accelerated delivery, the Government may acquire the urgently required goods or services from 

another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall 

be completed by the Contractor within the time specified in the order. The contract shall govern the 

Contractor's and Government's rights and obligations with respect to that order to the same extent as if the 

order were completed during the contract's effective period; provided, that the Contractor shall not be 

required to make any deliveries under this contract after 60 days after the through date in clause 452.211-

74. 

AGAR 452.211-74 – PERIOD OF PERFORMANCE (FEB 1988)

The base period of performance of this contract is from October 1, 2017 through Sept 30, 2018. 

Option period 1, if exercised, is from Oct 1, 2018 through Sept 30, 2019. 

Option period 2, if exercised, is from Oct 1, 2019 through Sept 30, 2020. 

Option period 3, if exercised, is from Oct 1, 2020 through Sept 30, 2021. 

Option period 4, if exercised, is from Oct 1, 2021 through Sept 30, 2022 

AGAR 452.216-73 - MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988) 

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders 

totaling a minimum of not applicable but not in excess of 5,000,000 metric tons.

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 

13 of 42
extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the 

option by written notice to the Contractor within sixty (60) days prior to contract expiration date.

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 thirty 

days (30) of contract expiration; provided that the Government gives the Contractor a preliminary written 

notice of its intent to extend at least sixty (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 five years. 

 

52.212-5- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES 

OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017) 

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which 

are incorporated in this contract by reference, to implement provisions of law or Executive orders 

applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or 

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further 

Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in 

subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 

108-78 (19 U.S.C. 3805 note)). 

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer 

has indicated as being incorporated in this contract by reference to implement provisions of law or 

Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] 

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I 

(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). 

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). 

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 

2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery 

and Reinvestment Act of 2009). 

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) 

(Pub. L. 109-282) (31 U.S.C. 6101 note). 

___ (5) [Reserved] 

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of 

Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 

2016) (Pub. L. 111-117, section 743 of Div. C). 

___ (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). 

14 of 42
___ (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] 

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). 

___ (ii) Alternate I (Nov 2011). 

___ (iii) Alternate II (Nov 2011). 

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). 

___ (ii) Alternate I (Oct 1995) of 52.219-7. 

___ (iii) Alternate II (Mar 2004) of 52.219-7. 

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). 

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)). 

___ (ii) Alternate I (Nov 2016) of 52.219-9. 

___ (iii) Alternate II (Nov 2016) of 52.219-9. 

___ (iv) Alternate III (Nov 2016) of 52.219-9. 

___ (v) Alternate IV (Nov 2016) 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 (Jan 2017) (15 U.S.C. 637(a)(14)). 

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). 

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) 

(15 U.S.C. 657f). 

___ (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)). 

___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). 

___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 

___ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). 

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). 

___ (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). 

_X_ (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). (E. O. 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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 

million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; 

applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). 

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined 

indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the 

15 of 42
court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the 

Federal Register advising the public of the termination of the injunction. 

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). 

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items 

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available 

off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition 

of commercially available off-the-shelf items.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential 

Hydrofluorocarbons (Jun 2016) (E.O.13693). 

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air 

Conditioners (Jun 2016) (E.O. 13693). 

___ (40) (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. 

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 

13514). 

___ (ii) Alternate I (Jun 2014) of 52.223-14. 

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). 

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) 

(E.O.s 13423 and 13514). 

___ (ii) Alternate I (Jun 2014) of 52.223-16. 

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) 

(E.O. 13513). 

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). 

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696). 

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

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

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

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. 

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 

112-43). 

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

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

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

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 

_X_ (51) 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).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 

U.S.C. 2302 Note). 

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 

U.S.C. 5150). 

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 

4505), 10 U.S.C. 2307(f)). 

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 

2307(f)). 

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) 

(31 U.S.C. 3332).

16 of 42
___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management 

(Jul 2013) (31 U.S.C. 3332). 

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). 

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). 

___ (62) (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) (E.O. 13658). 

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). 

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 

1792). 

___ (11) 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. 

17 of 42
(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or 

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and 

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor 

provisions in subsequent appropriations acts (and as extended in continuing resolutions)). 

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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. 

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow 

down required in accordance with paragraph (1) of FAR clause 52.222-17. 

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

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). 

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). 

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 

793). 

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). 

(x) 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. 

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). 

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 

and E.O. 13627). 

52.225-14 - INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF 

CONTRACT (FEB 2000) 

 

52.232-39 - UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 

52.232-40 - PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS 

SUBCONTRACTORS (DEC 2013) 

52.247-5 - FAMILIARIZATION WITH CONDITIONS (APR 1984)

 

Part III -- List of Documents, Exhibits,

and Other Attachments 

J. List Of Attachments 

1. KC337 Rate Schedule 

2. KC334 Discharge/Delivery Preliminary Survey 

3. USDA Past Performance Rating Form

4. Frequently Asked Questions 

18 of 42
Part IV -- Representations and Instructions. 

K. Representations, certifications, and other statements of offerors or respondents 

52.252-1 -- SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 

This solicitation incorporates one or more solicitation provisions by reference, with the same force and 

effect as if they were given in full text. Upon request, the Contracting Officer will make their full text

available. The offeror is cautioned that the listed provisions may include blocks that must be completed 

by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those 

provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate 

information with its quotation or offer. Also, the full text of a solicitation provision may be accessed

electronically at this/these address(es):

http://farsite.hill.af.mil/

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS 

(JAN 2017) 

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual 

representations and certification electronically via the System for Award Management (SAM) Web site 

located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and 

certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. 

(a) Definitions. As used in this provision--

“Administrative merits determination” means certain notices or findings of labor law violations issued by 

an enforcement agency following an investigation. An administrative merits determination may be final 

or be subject to appeal or further review. To determine whether a particular notice or finding is covered 

by this definition, it is necessary to consult section II.B. in the DOL Guidance. 

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation 

occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is 

not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or 

decision resulting from private or confidential proceedings. To determine whether a particular award or 

decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. 

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of 

competent jurisdiction. 

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State 

court in which the court determined that a labor law violation occurred, or enjoined or restrained 

a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To 

determine whether a particular judgment or order is covered by this definition, it is necessary to 

consult section II.B. in the DOL Guidance. 

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive 

Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August 25, 2016, can be 

obtained from www.dol.gov/fairpayandsafeworkplaces. 

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small 

business concern that is at least 51 percent directly and unconditionally owned by, and the management 

and daily business operations of which are controlled by, one or more women who are citizens of the 

United States and who are economically disadvantaged in accordance with 13 CFR part 127. It 

automatically qualifies as a women-owned small business eligible under the WOSB Program.

19 of 42
“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes 

the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance 

Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity 

Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations 

Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to 

the extent that the State agency is acting in its capacity as administrator of such plan. It does not include 

other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential 

labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; 

(vi) The Family and Medical Leave Act; and

(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); 

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and 

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973; 

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam 

Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity); 

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and 

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

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

(6) Exacted from any person under the age of 18 under the menace of any penalty for its 

nonperformance and for which the worker does not offer himself voluntarily; or

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which 

can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that 

owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or 

exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. 

Indicators of control include, but are not limited to, one or more of the following: Ownership or 

interlocking management, identity of interests among family members, shared facilities and equipment, 

and the common use of employees. 

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an 

inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions 

of 6 U.S.C. 395(c). 

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor 

and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to 

resolve issues to increase compliance with the labor laws, or other related matters.

20 of 42
“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act. 

(2) The Occupational Safety and Health Act (OSHA) of 1970. 

(3) The Migrant and Seasonal Agricultural Worker Protection Act. 

(4) The National Labor Relations Act. 

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act. 

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity). 

(8) Section 503 of the Rehabilitation Act of 1973. 

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era 

Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964. 

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967. 

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors). 

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws 

implemented in the FAR are OSHA-approved State Plans, which can be found at 

www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil 

judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor 

laws”.

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

except— 

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

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

(3) PSG 88, Live Animals; 

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores; 

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

(10) PSC 9630, Additive Metal Materials. 

“Place of manufacture” means the place where an end product is assembled out of components, or 

otherwise made or processed from raw materials into the finished product that is to be provided to the 

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of 

manufacture.

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

predecessor.

“Restricted business operations” means business operations in Sudan that include power production 

activities, mineral extraction activities, oil-related activities, or the production of military equipment, as 

those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). 

Restricted business operations do not include business operations that the person (as that term is defined 

in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can 

demonstrate— 

21 of 42
(1) Are conducted under contract directly and exclusively with the regional government of 

southern Sudan; 

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in 

the Department of the Treasury, or are expressly exempted under Federal law from the 

requirement to be conducted under such authorization; 

(3) Consist of providing goods or services to marginalized populations of Sudan; 

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or 

humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or 

(6) Have been voluntarily suspended. 

Sensitive technology— 

(1) Means hardware, software, telecommunications equipment, or any other technology that is to 

be used specifically— 

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and 

(2) Does not include information or informational materials the export of which the President 

does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the 

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). 

“Service-disabled veteran-owned small business concern”— 

(1) Means a small business concern— 

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans 

or, in the case of any publicly owned business, not less than 51 percent of the stock of 

which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or 

more service-disabled veterans or, in the case of a service-disabled veteran with 

permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability 

that is service-connected, as defined in 38 U.S.C. 101(16). 

“Small business concern” means a concern, including its affiliates, that is independently owned and 

operated, not dominant in the field of operation in which it is bidding on Government contracts, and 

qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. 

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business 

concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically 

disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United 

States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding 

$750,000 after taking into account the applicable exclusions set forth at 13 CFR 

124.104(c)(2); and 

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 

124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. 

“Subsidiary” means an entity in which more than 50 percent of the entity is owned— 

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation. 

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the 

affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” 

22 of 42
does not include new offices/divisions of the same company or a company that only changes its name. 

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending 

on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern— 

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of 

which is owned by one or more veterans; and 

(2) The management and daily business operations of which are controlled by one or more 

veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more 

women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one 

or more women; and whose management and daily business operations are controlled by one or more 

women. 

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned 

business, at least 51 percent of the stock of which is owned by one or more women; and 

(2) Whose management and daily business operations are controlled by one or more women. 

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 

13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally 

owned by, and the management and daily business operations of which are controlled by, one or more 

women who are citizens of the United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this 

paragraph (a) are enjoined indefinitely as of the date of the order: “Administrative merits determination”, 

“Arbitral award or decision”, paragraph (2) of “Civil judgment”, “DOL Guidance”, “Enforcement 

agency”, “Labor compliance agreement”, “Labor laws”, and “Labor law decision”. The enjoined 

definitions will become effective immediately if the court terminates the injunction. At that time, DoD, 

GSA, and NASA will publish a document in the Federal Register advising the public of the termination of 

the injunction.

(b) 

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph 

(b)(2) of this provision do not automatically change the representations and certifications posted 

on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the 

SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database 

information, the offeror verifies by submission of this offer that the representation and 

certifications currently posted electronically at FAR 52.212-3, Offeror Representations and 

Certifications—Commercial Items, have been entered or updated in the last 12 months, are 

current, accurate, complete, and applicable to this solicitation (including the business size 

standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer 

and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs 

____________. [Offeror to identify the applicable paragraphs at (c) through (u) of this provision 

that the offeror has completed for the purposes of this solicitation only, if any. These amended 

representation(s) and/or certification(s) are also incorporated in this offer and are current, 

accurate, and complete as of the date of this offer. Any changes provided by the offeror are 

applicable to this solicitation only, and do not result in an update to the representations and 

certifications posted electronically on SAM.]

23 of 42
(c) Offerors must complete the following representations when the resulting contract is to be performed in 

the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a 

small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a 

small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its 

offer that it [_] is, [_] is not a veteran-owned small business concern. 

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror 

represented itself as a veteran-owned small business concern in paragraph (c)(2) of this 

provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled 

veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a 

small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, 

[_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. 

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a 

small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, 

[_] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the 

simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented 

itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The 

offeror represents that— 

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided 

all the required documents to the WOSB Repository, and no change in circumstances or 

adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 

127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each 

WOSB concern eligible under the WOSB Program participating in the joint venture. [The 

offeror shall enter the name or names of the WOSB concern eligible under the WOSB 

Program and other small businesses that are participating in the joint venture: 

_________.] Each WOSB concern eligible under the WOSB Program participating in the 

joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete 

only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in 

(c)(6) of this provision.] The offeror represents that— 

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to 

the WOSB Repository, and no change in circumstances or adverse decisions have been 

issued that affects its eligibility; and 

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 

127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each 

EDWOSB concern participating in the joint venture. [The offeror shall enter the name or 

names of the EDWOSB concern and other small businesses that are participating in the 

joint venture: _____________.] Each EDWOSB concern participating in the joint venture 

shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the 

offeror is a women-owned business concern and did not represent itself as a small business 

24 of 42
concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a womenowned business concern. 

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business 

offerors may identify the labor surplus areas in which costs to be incurred on account of 

manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 

percent of the contract price:

_____________________________ 

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small 

business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, 

that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this 

representation, on the List of Qualified HUBZone Small Business Concerns maintained 

by the Small Business Administration, and no material changes in ownership and control, 

principal office, or HUBZone employee percentage have occurred since it was certified 

in accordance with 13 CFR part 126; and 

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 

CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate 

for each HUBZone small business concern participating in the HUBZone joint venture. 

[The offeror shall enter the names of each of the HUBZone small business concerns 

participating in the HUBZone joint venture: __________.] Each HUBZone small 

business concern participating in the HUBZone joint venture shall submit a separate 

signed copy of the HUBZone representation. 

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the 

Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at 

each establishment, affirmative action programs required by rules and regulations of the 

Secretary of Labor (41 CFR parts 60-1 and 60-2), or 

(ii) It [_] has not previously had contracts subject to the written affirmative action 

programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only 

if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best 

of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any 

person for influencing or attempting to influence an officer or employee of any agency, a Member of 

Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her 

behalf in connection with the award of any resultant contract. If any registrants under the Lobbying 

Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this 

contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of 

Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly 

employed officers or employees of the offeror to whom payments of reasonable compensation were 

made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-

1, Buy American – Supplies, is included in this solicitation.)

25 of 42
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this 

provision, is a domestic end product and that for other than COTS items, the offeror has 

considered components of unknown origin to have been mined, produced, or manufactured 

outside the United States. The offeror shall list as foreign end products those end products 

manufactured in the United States that do not qualify as domestic end products, i.e., an end 

product that is not a COTS item and does not meet the component test in paragraph (2) of the 

definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) 

item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United 

States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products: 

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the 

clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included 

in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) 

or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS 

items, the offeror has considered components of unknown origin to have been mined, 

produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, 

Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf 

(COTS) item,” “component,” “domestic end product,” “end product,” “foreign end 

product,” “Free Trade Agreement country,” “Free Trade Agreement country end 

product,” “Israeli end product,” and “United States” are defined in the clause of this 

solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country 

end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end 

products) or Israeli end products as defined in the clause of this solicitation entitled “Buy 

American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or 

Peruvian End Products) or Israeli End Products: 

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary] 

(iii) The offeror shall list those supplies that are foreign end products (other than those 

listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation 

entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall 

list as other foreign end products those end products manufactured in the United States 

26 of 42
that do not qualify as domestic end products, i.e., an end product that is not a COTS item 

and does not meet the component test in paragraph (2) of the definition of “domestic end 

product.” 

Other Foreign End Products: 

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary] 

(iv) The Government will evaluate offers in accordance with the policies and procedures 

of FAR Part 25. 

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If 

Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following 

paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as 

defined in the clause of this solicitation entitled “Buy American—Free Trade 

Agreements—Israeli Trade Act”:

Canadian End Products: 

Line Item No.: 

_____________________________ 

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If 

Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following 

paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or 

Israeli end products as defined in the clause of this solicitation entitled “Buy American--

Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products: 

Line Item No.: Country of Origin:

[List as necessary] 

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If 

Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following 

paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement 

country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or 

Peruvian end products) or Israeli end products as defined in the clause of this solicitation 

entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, 

Panamanian, or Peruvian End Products) or Israeli End Products: 

Line Item No.: Country of Origin:

27 of 42
[List as necessary] 

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade 

Agreements, is included in this solicitation.) 

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) 

of this provision, is a U.S.-made or designated country end product as defined in the 

clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made 

or designated country end products. 

Other End Products 

Line Item No.: Country of Origin:

[List as necessary] 

(iii) The Government will evaluate offers in accordance with the policies and procedures 

of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate 

offers of U.S.-made or designated country end products without regard to the restrictions 

of the Buy American statute. The Government will consider for award only offers of 

U.S.-made or designated country end products unless the Contracting Officer determines 

that there are no offers for such products or that the offers for such products are 

insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract 

value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its 

knowledge and belief, that the offeror and/or any of its principals--

(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared 

ineligible for the award of contracts by any Federal agency; 

(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or 

had a civil judgment rendered against them for: commission of fraud or a criminal offense in 

connection with obtaining, attempting to obtain, or performing a Federal, state or local 

government contract or subcontract; violation of Federal or state antitrust statutes relating to the 

submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or 

destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, 

or receiving stolen property; and 

(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a 

Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of 

this clause; and

(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any 

delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains 

unsatisfied. 

(i) Taxes are considered delinquent if both of the following criteria apply:

28 of 42
(A) The tax liability is finally determined. The liability is finally determined if it 

has been assessed. A liability is not finally determined if there is a pending 

administrative or judicial challenge. In the case of a judicial challenge to the 

liability, the liability is not finally determined until all judicial appeal rights have 

been exhausted. 

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the 

taxpayer has failed to pay the tax liability when full payment was due and 

required. A taxpayer is not delinquent in cases where enforced collection action 

is precluded. 

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. 

§6212, which entitles the taxpayer to seek Tax Court review of a proposed tax 

deficiency. This is not a delinquent tax because it is not a final tax liability. 

Should the taxpayer seek Tax Court review, this will not be a final tax liability 

until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax 

liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling 

the taxpayer to request a hearing with the IRS Office of Appeals Contesting the 

lien filing, and to further appeal to the Tax Court if the IRS determines to sustain 

the lien filing. In the course of the hearing, the taxpayer is entitled to contest the 

underlying tax liability because the taxpayer has had no prior opportunity to 

contest the liability. This is not a delinquent tax because it is not a final tax 

liability. Should the taxpayer seek tax court review, this will not be a final tax 

liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. 

§6159. The taxpayer is making timely payments and is in full compliance with 

the agreement terms. The taxpayer is not delinquent because the taxpayer is not 

currently required to make full payment. 

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not 

delinquent because enforced collection action is stayed under 11 U.S.C. §362 

(the Bankruptcy Code). 

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). 

[The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this 

solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or 

Indentured Child Labor, unless excluded at 22.1503(b).] 

(1) Listed End Product 

Listed End Product: Listed Countries of Origin:

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in 

paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by 

checking the appropriate block.] 

[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this 

provision that was mined, produced, or manufactured in the corresponding country as 

listed for that product.

29 of 42
[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision 

that was mined, produced, or manufactured in the corresponding country as listed for that 

product. The offeror certifies that is has made a good faith effort to determine whether 

forced or indentured child labor was used to mine, produce, or manufacture any such end 

product furnished under this contract. On the basis of those efforts, the offeror certifies 

that it is not aware of any such use of child labor. 

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of 

manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of 

manufacture of the end products it expects to provide in response to this solicitation is predominantly— 

(1) [_] In the United States (Check this box if the total anticipated price of offered end products 

manufactured in the United States exceeds the total anticipated price of offered end products 

manufactured outside the United States); or 

(2) [_] Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. 

(Certification by the offeror as to its compliance with respect to the contract also constitutes its 

certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The 

contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-

4(c)(1). The offeror [_] does [_] does not certify that— 

(i) The items of equipment to be serviced under this contract are used regularly for other 

than Governmental purposes and are sold or traded by the offeror (or subcontractor in the 

case of an exempt subcontract) in substantial quantities to the general public in the course 

of normal business operations; 

(ii) The services will be furnished at prices which are, or are based on, established catalog 

or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair 

of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees 

performing work under the contract will be the same as that used for these employees and 

equivalent employees servicing the same equipment of commercial customers. 

(2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not 

certify that— 

(i) The services under the contract are offered and sold regularly to non-Governmental 

customers, and are provided by the offeror (or subcontractor in the case of an exempt 

subcontract) to the general public in substantial quantities in the course of normal 

business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established 

catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend 

only a small portion of his or her time (a monthly average of less than 20 percent of the 

available hours on an annualized basis, or less than 20 percent of available hours during 

the contract period if the contract period is less than a month) servicing the Government 

contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees 

performing work under the contract is the same as that used for these employees and 

equivalent employees servicing commercial customers.

(3) If paragraph (k)(1) or (k)(2) of this clause applies— 

30 of 42
(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the 

Contracting Officer did not attach a Service Contract Labor Standards wage 

determination to the solicitation, the offeror shall notify the Contracting Officer as soon 

as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to 

execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the 

Contracting Officer as required in paragraph (k)(3)(i) of this clause.

(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror 

is required to provide this information to the SAM database to be eligible for award.) 

(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this 

provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), 

reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations 

issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the government to collect and report on any delinquent amounts 

arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the 

resulting contract is subject to the payment reporting requirements described in FAR 4.904, the 

TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s 

TIN.

(3) Taxpayer Identification Number (TIN).

[_] TIN:_____________________.

[_] TIN has been applied for. 

[_] TIN is not required because: 

[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not 

have income effectively connected with the conduct of a trade or business in the United 

States and does not have an office or place of business or a fiscal paying agent in the 

United States;

[_] Offeror is an agency or instrumentality of a foreign government; 

[_] Offeror is an agency or instrumentality of the Federal Government; 

(4) Type of organization. 

[_] Sole proprietorship;

[_] Partnership; 

[_] Corporate entity (not tax-exempt); 

[_] Corporate entity (tax-exempt); 

[_] Government entity (Federal, State, or local); 

[_] Foreign government;

[_] International organization per 26 CFR 1.6049-4; 

[_] Other ____________________. 

(5) Common parent. 

[_] Offeror is not owned or controlled by a common parent: 

[_] Name and TIN of common parent: 

Name_____________________________ 

TIN _____________________________ 

(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the 

offeror does not conduct any restricted business operations in Sudan. 

(n) Prohibition on Contracting with Inverted Domestic Corporations— 

(1) Government agencies are not permitted to use appropriated (or otherwise made available) 

funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted 

31 of 42
domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in 

accordance with the procedures at 9.108-4. 

(2) Representation. The offeror represents that— 

(i) It [ ] is, [ ] is not an inverted domestic corporation; and

(ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation. 

(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.

(1) The offeror shall email questions concerning sensitive technology to the Department of State 

at CISADA106@state.gov. 

(2) Representation and Certification. Unless a waiver is granted or an exception applies as 

provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror— 

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any 

sensitive technology to the government of Iran or any entities or individuals owned or 

controlled by, or acting on behalf or at the direction of, the government of Iran; 

(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not 

engage in any activities for which sanctions may be imposed under section 5 of the Iran 

Sanctions Act; and

(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not 

knowingly engage in any transaction that exceeds $3,500 with Iran’s Revolutionary 

Guard Corps or any of its officials, agents, or affiliates, the property and interests in 

property of which are blocked pursuant to the International Emergency Economic Powers 

Act (50(U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked 

Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).

(3) The representation and certification requirements of paragraph (o)(2) of this provision do not 

apply if— 

(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a 

comparable agency provision); and 

(ii) The offeror has certified that all the offered products to be supplied are designated 

country end products. 

(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be 

registered in SAM or a requirement to have a unique entity identifier in the solicitation.

(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror 

has more than one immediate owner (such as a joint venture), then the Offeror shall respond to 

paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint 

venture. 

(2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following 

information:

Immediate owner CAGE code:______________________________ 

Immediate owner legal name:______________________________ 

(Do not use a “doing business as” name)

Is the immediate owner owned or controlled by another entity: 

[ ] Yes or [ ] No.

(3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the 

immediate owner is owned or controlled by another entity, then enter the following information: 

Highest level owner CAGE code:_ _____________________________ 

Highest level owner legal name:_ _____________________________ 

(Do not use a “doing business as” name)

32 of 42
(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under 

any Federal Law.

(1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing 

Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent 

appropriations acts, the Government will not enter into a contract with any corporation that— 

(i) Has 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, where the awarding agency is aware of the unpaid tax liability, unless 

and agency has considered suspension or debarment of the corporation and made a 

determination that suspension or debarment is not necessary to protect the interests of the 

Government; or 

(ii) Was convicted of a felony criminal violation under any Federal law within the 

preceding 24 months, where the awarding agency is aware of the conviction, unless an 

agency has considered suspension or debarment of the corporation and made a 

determination that this action is not necessary to protect the interests of the Government.

(2) The Offeror represents that--

(i) It is [ ] is not [ ] a corporation that has 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 

(ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under 

a Federal law within the preceding 24 months. 

(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, 

Commercial and Government Entity Code Reporting.) 

(1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal 

contract or grant within the last three years.

(2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following 

information for all predecessors that held a Federal contract or grant within the last three years (if 

more than one predecessor, list in reverse chronological order): 

Predecessor CAGE code ______(or mark “Unknown). 

Predecessor legal name: _________________________. 

(Do not use a “doing business as” name).

(s) Representation regarding compliance with labor laws (Executive Order 13673). If the offeror is a joint 

venture that is not itself a separate legal entity, each concern participating in the joint venture shall 

separately comply with the requirements of this provision. 

(1)(i) For solicitations issued on or after October 25, 2016 through April 24, 2017: The Offeror [ ] 

does [ ] does not anticipate submitting an offer with an estimated contract value of greater than 

$50 million. 

(ii) For solicitations issued after April 24, 2017: The Offeror [ ] does [ ] does not anticipate 

submitting an offer with an estimated contract value of greater than $500,000. 

(2) If the Offeror checked ``does'' in paragraph (s)(1)(i) or (ii) of this provision, the Offeror 

represents to the best of the Offeror's knowledge and belief [Offeror to check appropriate block]: 

[ ](i) There has been no administrative merits determination, arbitral award or decision, 

or civil judgment for any labor law violation(s) rendered against the offeror (see 

definitions in paragraph (a) of this section) during the period beginning on October 25, 

33 of 42
2015 to the date of the offer, or for three years preceding the date of the offer, whichever 

period is shorter; or 

[ ](ii) There has been an administrative merits determination, arbitral award or decision, 

or civil judgment for any labor law violation(s) rendered against the Offeror during the 

period beginning on October 25, 2015 to the date of the offer, or for three years preceding 

the date of the offer, whichever period is shorter.

(3)(i) If the box at paragraph (s)(2)(ii) of this provision is checked and the Contracting Officer has 

initiated a responsibility determination and has requested additional information, the Offeror shall 

provide--

(A) The following information for each disclosed labor law decision in the System for 

Award Management (SAM) at www.sam.gov, unless the information is already current, 

accurate, and complete in SAM. This information will be publicly available in the 

Federal Awardee Performance and Integrity Information System (FAPIIS):

(1) The labor law violated.

(2) The case number, inspection number, charge number, docket number, or 

other unique identification number.

(3) The date rendered.

(4) The name of the court, arbitrator(s), agency, board, or commission that 

rendered the determination or decision;

(B) The administrative merits determination, arbitral award or decision, or civil judgment 

document, to the Contracting Officer, if the Contracting Officer requires it;

(C) In SAM, such additional information as the Offeror deems necessary to demonstrate 

its responsibility, including mitigating factors and remedial measures such as offeror 

actions taken to address the violations, labor compliance agreements, and other steps 

taken to achieve compliance with labor laws. Offerors may provide explanatory text and 

upload documents. This information will not be made public unless the contractor 

determines that it wants the information to be made public; and 

(D) The information in paragraphs (s)(3)(i)(A) and (s)(3)(i)(C) of this provision to the 

Contracting Officer, if the Offeror meets an exception to SAM registration (see FAR 

4.1102(a)). 

(ii)(A) The Contracting Officer will consider all information provided under (s)(3)(i) of 

this provision as part of making a responsibility determination. 

(B) A representation that any labor law decision(s) were rendered against the Offeror will 

not necessarily result in withholding of an award under this solicitation. Failure of the 

Offeror to furnish a representation or provide such additional information as requested by 

the Contracting Officer may render the Offeror nonresponsible. 

(C) The representation in paragraph (s)(2) of this provision is a material representation of 

fact upon which reliance was placed when making award. If it is later determined that the 

Offeror knowingly rendered an erroneous representation, in addition to other remedies 

available to the Government, the Contracting Officer may terminate the contract resulting 

from this solicitation in accordance with the procedures set forth in FAR 12.403. 

(4) The Offeror shall provide immediate written notice to the Contracting Officer if at any time 

prior to contract award the Offeror learns that its representation at paragraph (s)(2) of this 

provision is no longer accurate. 

(5) The representation in paragraph (s)(2) of this provision will be public information in the 

Federal Awardee Performance and Integrity Information System (FAPIIS).

34 of 42
Note to paragraph (s): By a court order issued on October 24, 2016, this paragraph (s) is enjoined 

indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the 

court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the 

Federal Register advising the public of the termination of the injunction. 

(t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that 

require offerors to register in SAM (52.212-1(k)).

(1) This representation shall be completed if the Offeror received $7.5 million or more in contract 

awards in the prior Federal fiscal year. The representation is optional if the Offeror received less 

than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. 

(i) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] 

does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly 

accessible Web site the results of a greenhouse gas inventory, performed in accordance 

with an accounting standard with publicly available and consistently applied criteria, such 

as the Greenhouse Gas Protocol Corporate Standard. 

(ii) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] 

does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., 

make available on a publicly accessible Web site a target to reduce absolute emissions or 

emissions intensity by a specific quantity or percentage.

(iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, 

third-party greenhouse gas emissions reporting program. 

(3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, 

respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas 

emissions and/or reduction goals are reported:_____.

(u) 

(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further 

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in 

subsequent appropriations acts (and as extended in continuing resolutions), Government agencies 

are not permitted to use appropriated (or otherwise made available) funds for contracts with an 

entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or 

abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting 

such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a 

designated investigative or law enforcement representative of a Federal department or agency 

authorized to receive such information. 

(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements 

applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 

(Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a 

Federal department or agency governing the nondisclosure of classified information.

(3) Representation. By submission of its offer, the Offeror represents that it will not require its 

employees or subcontractors to sign or comply with internal confidentiality agreements or 

statements prohibiting or otherwise restricting such employees or subcontractors from lawfully 

reporting waste, fraud, or abuse related to the performance of a Government contract to a 

designated investigative or law enforcement representative of a Federal department or agency 

authorized to receive such information (e.g., agency Office of the Inspector General). 

52.209-2 - PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC 

CORPORATIONS—REPRESENTATIONS (NOV 2015)

35 of 42
52.209-11 - REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX 

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) 

(b) The Offeror represents that— 

(1) It is [ ] is not [ ] a corporation that has 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) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law 

within the preceding 24 months. 

52.225-20 - PROHIBITION ON CONDUCTING RESTRICTED BUSINESS OPERATIONS IN 

SUDAN--CERTIFICATION (AUG 2009)

(a) Definitions. As used in this provision— 

“Business operations” means engaging in commerce in any form, including by acquiring, developing, 

maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, 

services, personal property, real property, or any other apparatus of business or commerce. 

“Marginalized populations of Sudan” means— 

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur 

Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and 

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

“Restricted business operations” means business operations in Sudan that include power production 

activities, mineral extraction activities, oil-related activities, or the production of military equipment, as 

those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). 

Restricted business operations do not include business operations that the person (as that term is defined 

in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can 

demonstrate— 

(1) Are conducted under contract directly and exclusively with the regional government of southern 

Sudan; 

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the 

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be 

conducted under such authorization ;

(3) Consist of providing goods or services to marginalized populations of Sudan; 

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or 

humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspend. 

(b) Certification. By submission of its offer, the offeror certifies that the offeror does not conduct any 

restricted business operations in Sudan.

52.225-25 - PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN 

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND 

CERTIFICATIONS (OCT 2015) 

L. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS. (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The 

NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation 

cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in 

36 of 42
its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 

employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or 

before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead 

stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror; 

(4) A technical description of the items being offered in sufficient detail to evaluate compliance 

with the requirements in the solicitation. This may include product literature, or other documents, 

if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212- 

3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments; 

(10) Past performance information, when included as an evaluation factor, to include recent and 

relevant contracts for the same or similar items and other references (including contract numbers, 

points of contact with telephone numbers and other relevant information); and 

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of 

agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to 

furnish required representations or information, or reject the terms and conditions of the 

solicitation may be excluded from consideration. 

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar 

days from the date specified for receipt of offers, unless another time period is specified in an addendum 

to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to 

the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall 

be submitted at no expense to the Government, and returned at the sender’s request and expense, unless 

they are destroyed during preaward testing. 

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and 

conditions, including alternative line items (provided that the alternative line items are consistent with 

subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the 

requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers. 

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or 

withdrawals, so as to reach the Government office designated in the solicitation by the time 

specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 

p.m., local time, for the designated Government office on the date that offers or revisions are due. 

(2) 

(i) Any offer, modification, revision, or withdrawal of an offer received at the 

Government office designated in the solicitation after the exact time specified for receipt 

of offers is “late” and will not be considered unless it is received before award is made, 

the Contracting Officer determines that accepting the late offer would not unduly delay 

the acquisition; and— 

(A) If it was transmitted through an electronic commerce method authorized by 

the solicitation, it was received at the initial point of entry to the Government 

37 of 42
infrastructure not later than 5:00 p.m. one working day prior to the date specified 

for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the 

Government installation designated for receipt of offers and was under the 

Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal 

received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms 

more favorable to the Government, will be considered at any time it is received and may 

be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes 

the time/date stamp of that installation on the offer wrapper, other documentary evidence of 

receipt maintained by the installation, or oral testimony or statements of Government personnel. 

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers 

cannot be received at the Government office designated for receipt of offers by the exact time 

specified in the solicitation, and urgent Government requirements preclude amendment of the 

solicitation or other notice of an extension of the closing date, the time specified for receipt of 

offers will be deemed to be extended to the same time of day specified in the solicitation on the 

first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for 

receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the 

solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any 

time before the exact time set for receipt of offers, subject to the conditions specified in the 

solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its 

authorized representative if, before the exact time set for receipt of offers, the identity of the 

person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and 

award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the 

offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to 

conduct discussions if later determined by the Contracting Officer to be necessary. The Government may 

reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive 

informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the 

offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may 

not be submitted for quantities less than those specified. The Government reserves the right to make an 

award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the 

offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1) 

(i) The GSA Index of Federal Specifications, Standards and Commercial Item 

Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial 

item descriptions cited in this solicitation may be obtained for a fee by submitting a 

request to--

GSA Federal Supply Service Specifications Section

Suite 8100 

470 L’Enfant Plaza, SW

38 of 42
Washington, DC 20407 

Telephone (202) 619-8925) 

Facsimile (202 619-8978). 

(ii) If the General Services Administration, Department of Agriculture, or Department of 

Veterans Affairs issued this solicitation, a single copy of specifications, standards, and 

commercial item descriptions cited in this solicitation may be obtained free of charge by 

submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional 

copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the 

following ASSIST websites--

(i) ASSIST (https://assist.dla.mil/online/start/ ).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense 

Single Stock Point (DoDSSP) by— 

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm );

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 

EST; or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, 

PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462. 

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for 

their preparation, publication, or maintenance. 

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the 

solicitation requires the Contractor to be registered in the System for Award Management (SAM) 

database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, 

the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the 

Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if 

applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is 

assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative 

EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity 

identifier, it should contact the entity designated at www.sam.gov for unique entity identifier 

establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government 

contract when contacting the entity designated at www.sam.gov for establishing the unique entity 

identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission 

of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the 

SAM database prior to award, during performance and through final payment of any contract resulting 

from this solicitation. If the Offeror does not become registered in the SAM database in the time 

prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise 

successful registered Offeror. Offerors may obtain information on registration and annual confirmation 

requirements via the SAM database accessed through https://www.acquisition.gov. 

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose 

the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s 

offer.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror 

and past performance information on the debriefed offeror. 

(3) The overall ranking of all offerors, when any ranking was developed by the agency during 

source selection. 

39 of 42
(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the 

successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether 

source-selection procedures set forth in the solicitation, applicable regulations, and other 

applicable authorities were followed by the agency.

ADDENDA TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS 

(JAN 2017) 

a. Addendum to paragraph (b) – Submission of Offers. 

i. Questions regarding this RFQ shall be submitted to Kyla Stoufer 

(kyla.stoufer@kcc.usda.gov) by Friday, July 14, 2017 at 12:00pm CDT. 

Questions will be answered and posted by Friday, July 21, 2017 at 12:00pm 

CDT. 

ii. Submit offers to kyla.stoufer@kcc.usda.gov prior to Tuesday, August 8, 2017 at 

12:00pm CDT. 

iii. The offer must identify the country. 

iv. Terms of express warranty is not applicable.

v. Prices shall be submitted on form KC-337 Rate Schedule (11-14-16), attached. 

vi. FAR 52.212-3 for survey work performed outside the US, only paragraphs (e), 

(h), (m), and (o) are applicable and need to be addressed. If registered on 

www.SAM.gov , only section (b) is required. 

xvi. SF 1449 is not required for submission of offers. The offeror must submit a 

statement specifying the extent of agreement with all terms, conditions, and 

provisions included in the solicitation. 

xvii. A statement must be submitted, certifying that the offeror has the capability to 

utilize standard digital photography to document any issues which might be 

raised. 

xviii. A statement must be submitted, certifying that the offeror has access to an 

accredited laboratory to use in the event that damaged cargo requires analysis 

along with prices for the following tests: Moisture, Silver Nitrate, and Fit for 

Human Consumption. 

xix. Offerors shall submit the following documents as email attachments: 

(1) One attachment shall be the KC-337 Rate Schedule(s), completed, and 

with option years identified.

(2) One attachment shall include offerors Representations and Certifications 

OR confirmation of SAM registration. 

(3) One attachment shall include a sample of a discharge and delivery 

survey completed by the offeror. 

(4) One attachment shall include all other components of the offer. This 

document shall not exceed 15 pages. If double sided, each side counts as 

one page. Pages in excess of 15 pages may not be considered. 

xx. Offeror shall list three current or past contracts for Past Performance and describe 

the scope of the contract. Three past performance rating forms shall be completed 

by the contract holders and delivered directly to the contract specialist. 

Additional directions are on USDA Past Performance Rating Form, attached. 

40 of 42
xxi. Offerors may submit offers for more than one country; however, each country 

offer shall be submitted as a separate offer, i.e., technical and price offer specific 

for each country offer. An offeror may be awarded more than one contract 

b. Addendum to paragraph (j) – Data Universal Numbering System (DUNS) Number.

Foreign firms are exempted from the requirement to obtain and provide a DUNS number 

with their offer.

c. Addendum to paragraph (k) –System for Award Management. By submission of an offer, 

the offeror acknowledges the requirement that a prospective awardee shall be registered 

in the SAM database within fifteen (15) days after contract award, or at least three (3) 

days prior to submission of the first invoice, whichever occurs first. Payments to 

awardees can only be made to vendors registered in SAM. Offerors may obtain 

information on registration and annual confirmation requirements via the SAM database 

accessed through https://www.acquisition.gov.

AGAR 452.204-70 - INQUIRIES (FEB 1988) 

Inquiries and all correspondence concerning this solicitation should be submitted in writing to the 

Contracting Officer. Offerors should contact only the Contracting Officer issuing the solicitation about 

any aspect of this requirement prior to contract award.

AGAR 452.216-72 - EVALUATION QUANTITIES--INDEFINITE-DELIVERY CONTRACT 

(FEB 1988) 

To evaluate offers for award purposes, the Government will apply the offeror's proposed fixedprices/rates to the estimated quantities included in the solicitation, and will add other direct costs if 

applicable.

52.232-38 - SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH 

OFFER (JUL 2013) 

M. Evaluation factors for award 

52.212-2 EVALUATION-COMMERCIAL ITEMS. (OCT 2014)

1. 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:

a. Staffing and Experience 

i. The survey company (management) shall be experienced in performing 

similar survey services for humanitarian food aid or similar products. A 

single point of contact, and back up, shall be provided. Provide years of 

experience and type of work experience for key personnel. 

ii. Sufficient staffing shall be available to cover potential multiple and 

simultaneous discharge and inland delivery locations. 

iii. Surveys shall be completed by qualified, experienced surveyors. 

Information on the key parties, including years of experience and type 

of work experience, should be included. 

iv. If the work is to be subcontracted out, there is still management 

oversight by the Offeror, and the Offeror is the key party for 

communications with USDA. The full name of the subcontracted 

entity shall be provided. 

b. Organization

41 of 42
i. This factor will be evaluated on the basis of the firm’s internal 

management oversight of all aspects of the survey process and its 

communication framework. 

ii. The offer should include an overview on how the offeror will handle 

topics such as timely submission of accurate/complete survey reports, 

open communication lines with all other parties involved in the survey 

operation, responsiveness to inquiries, and proactive behavior. 

iii. The offer shall include a business organization chart from the main 

office to the country and surveyor level. 

c. Sample Survey Report 

i. The survey report is relevant for an agricultural product.

ii. The sample reflects work performed for a discharge and delivery 

survey.

iii. The report is concise and thorough, has accurate figures, and contains 

sufficient detail for the reviewer to have a clear picture on the 

disposition of the product.

iv. The report is detailed and includes all required and applicable elements 

described in tables 3.1; 3.2; and 3.3 of the Statement of Work. 

v. Damaged commodities are described in detail, including type, reason 

for damage, quantity, & disposition. 

vi. It is recognized that a report performed for a third party will not 

necessarily contain all the components listed in the Deliverables and 

Required Service sections listed above, but should reflect an 

understanding of the key factors. 

d. Past Performance

i. Past Performance shall be rated on a basis of performance, timeliness, and 

overall customer satisfaction on contracts of the same or similar scope, 

within the past three years. 

ii. In the event that no Past Performance history is provided, the offeror must 

provide compelling justification as to why the three references cannot be 

provided to meet the acceptable criteria. The Government reserves the 

right to contact any and all references to assess the offeror’s performance 

and relative capability related to customer satisfaction, timeliness of 

performance, and commitment to customer satisfaction. 

Technical and past performance, when combined, are significantly more important than 

price. The order of importance for technical factors is as follows: Staffing and 

Experience, Sample Survey, Organization, and Past Performance. 

2. 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). 

3. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the 

sucessful 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.

42 of 42