AG-INTS-S-12-010 1

Solicitation Number: AG-INTS-S-12-010

United States 

Department of

Agriculture

Farm Service Agency

Kansas City Commodity Office

Kansas City, Missouri

The USDA requests quotes from responsible sources to provide marine cargo discharge/delivery 

survey services in Peru. The service will include surveys of containerized, and/or breakbulk,

and/or bulk food aid cargoes. 

Separate firm, fixed-price requirements contracts to provide survey services for food aid 

shipments to Peru are contemplated. 

Issue Date: March 14, 2012
AG-INTS-S-12-010 2

Table of Contents

Section A. Solicitation Form...................................................................................................... 3

Section B. Contract Clauses and Addenda............................................................................... 6

Section C. Contract Documents and Attachments................................................................. 12

C.1.1 Background ................................................................................................................. 12

C.1.2 Scope of Work............................................................................................................. 12

C.1.3 Applicable Documents................................................................................................ 12

C.1.4 Required Services ....................................................................................................... 13

C.1.5 Deliverables................................................................................................................. 14

Attachment KC-334 .................................................................................................................. 18

Section D. Solicitation Provisions ............................................................................................ 19
AG-INTS-S-12-010 3

Section A. Solicitation Form

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format 

in Subpart 12.6, as supplemented with additional information included in this notice. This announcement 

constitutes the only solicitation; proposals are being requested and a written solicitation will not be 

issued. 

2. Solicitation Number: AG-INTS-S-12-010. This is a Request for Quotation.

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal 

Acquisition Circular 2005-56. 

4. Solicitation Issue Date: March 14, 2012

5. This Acquisition is: unrestricted

6. Contract Line Items: Marine cargo discharge/delivery services are anticipated to be required for the 

following countries:

• Peru

The Government intends to award a firm, fixed-price requirements contract for each country listed 

above. The term of the contracts will be one base year with four (4) option years.

7. Description of requirements: See Section C

8. Date(s) and place(s) of delivery and acceptance: See Section B.1.2.5

9. The provision at 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition: See 

Section D.2 for provision and addenda.

10. The provision at 52.212-2, Evaluation—Commercial Items applies to the acquisition: See Section 

D.3.

11. The provision at 52.212-3, Offeror Representations and Certifications—Commercial Items, is 

required with this acquisition. See Section D.4.

12. The clause at 52.212-4, Contract Terms and Conditions—Commercial Items, applies to this 

acquisition: See Section B.2 and B.2.1 for clause and addenda.

13. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive 

Orders—Commercial Items, applies to this acquisition. See Section B.3 for the specific FAR clauses 

within 52.212-5 that are applicable to the acquisition. 

14. See Section B for the other contract clauses applicable to this acquisition. 

15. Offer Due Date/Local Time: March 23, 2012, 9:00 A.M. CT

16. Contact information regarding this solicitation: 

Name: George Pryor

Telephone: 816-823-1592

E-mail: george.pryor@kcc.usda.gov

 Completed solicitations should be submitted via e-mail to the e-mail address above.
AG-INTS-S-12-010 4

17. Solicitation issued and administered by:

USDA-Farm Service Agency 

Kansas City Commodity Office (KCCO)

International Procurement Division

Beacon Facility- Mail Stop 8738

P.O. Box 419205

Kansas City, MO 64141-6205

18. Submit invoices to: 

Kansas City Commodity Office

International Procurement Division

Procurement Support Branch

USDA-Farm Service Agency

Beacon Facility- Mail Stop 8738

P.O. Box 419205

Kansas City, MO 64141-6205

For express mail:

Kansas City Commodity Office 

International Procurement Division

Procurement Support Branch

USDA-Farm Service Agency

Beacon Facility- Mail Stop 8738

9240 Troost Ave

Kansas City, MO 64131-3005

For questions concerning invoices contact George Pryor at 816-823-1592.

19. USDA Contracting Officer:

George Pryor, Contracting Officer

Telephone: 816-823-1592

E-mail: george.pryor@kcc.usda.gov
AG-INTS-S-12-010 5
AG-INTS-S-12-010 6

Section B. Contract Clauses and Addenda

B.1 452.211-74 Period of Performance (Feb 1988)

The period of performance of this contract is from April 1, 2012,

(End of Clause)

through the later of the end of the base 

year, or the end of an option year if the option year is exercised. 

B.2 52.212-4 Contract Terms and Conditions—Commercial Items. (Feb 2012)

B.2.1 Addenda to Clause 52.212-4

B.2.1.1 Addendum to paragraph (a) – Inspection/Acceptance

The Contracting Officer or the Contracting Officer's duly authorized representative will 

inspect and accept the supplies and/or services to be provided under this contract. Inspection 

and acceptance will be performed at: United States Department of Agriculture, Kansas City 

Commodity Office, 6501 Beacon Drive, Kansas City, Missouri, 64133- 4676.

B.2.1.2 Addendum to paragraph (b) – Assignment

USDA forms CCC-251 (Notice of Assignment) and CCC-252 (Instrument of Assignment) 

may be obtained at: 

http://www.fsa.usda.gov/FSA/webapp?area=home&subject=coop&topic=pas or the offeror 

may use its own forms provided the forms are essentially consistent with CCC-251 and CCC252 in content.

B.2.1.3 Addendum to paragraph (e) – Definitions

(1) “COTR” means Contracting Officer Technical Representative duly authorized by the 

Contracting Officer. 

(2) "Major damage" means damage that in the estimation of the surveyor exceeds USD 

$20,000. 

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

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

(5) "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.

B.2.1.4 Addendum to paragraph (t) – Central Contractor Registration (CCR)

Foreign firms are exempted from the requirement to be registered in the CCR.

B.2.1.5 Addendum to paragraph (u) – Submission of deliverables

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

associated invoice to address in Section A Solicitation/Contract Form, Block 9. Deliverables 

and invoice may be submitted electronically to the COTR.

(End of clause addenda)

B.3 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive 

Orders—Commercial Items (Feb 2012) 

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

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

applicable to acquisitions of commercial items: 

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). 

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). 

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 
AG-INTS-S-12-010 7

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). 

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer 

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

Executive orders applicable to acquisitions of commercial items: 

[Contracting Officer check as appropriate.] 

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

Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). 

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, 

Title VI, Chapter 1 (41 U.S.C. 251 note)). 

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

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

Recovery and Reinvestment Act of 2009.) 

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) 

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

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) 

(Pub. L. 111-5). 

__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors 

Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to 

contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available offthe-shelf items). 

__ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) 

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

__ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns 

(JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). 

__ (9) [Reserved] 

__ (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). 

__ (ii) Alternate I (Oct 1995) of 52.219-6. 

__ (iii) Alternate II (Mar 2004) of 52.219-6. 

__ (11)(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. 

__ (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). 

__ (13)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). 

__ (ii) Alternate I (Oct 2001) of 52.219-9. 

__ (iii) Alternate II (Oct 2001) of 52.219-9. 

__ (iv) Alternate III (Jul 2010) of 52.219-9. 

__ (14) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). 

__ (15) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 

637(d)(4)(F)(i)). 

__ (16)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business 

Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate 

in its offer). 

__ (ii) Alternate I (June 2003) of 52.219-23. 

__ (17) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status 

and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 

__ (18) 52.219-26, Small Disadvantaged Business Participation Program—

Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 

__ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside 

(May 2004) (15 U.S.C. 657 f). 

__ (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 

632(a)(2)). 

__ (21) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 
AG-INTS-S-12-010 8

__ (22) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) 

(E.O. 13126). 

__ (23) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 

__ (24) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 

__ (25) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). 

__ (26) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). 

__ (27) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212). 

__ (28) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act 

(Dec 2010) (E.O. 13496). 

__ (29) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not 

applicable to the acquisition of commercially available off-the-shelf items or certain other types of 

commercial items as prescribed in 22.1803.) 

__ (30)(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.) 

__ (31) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 

8259b). 

__ (32)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer 

Products (DEC 2007) (E.O. 13423). 

__ (ii) Alternate I (DEC 2007) of 52.223-16. 

X (33) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Aug 2011) (E.O. 

13513). 

__ (34) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d). 

__ (35)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) 

(41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 

108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). 

__ (ii) Alternate I (Jan 2004) of 52.225-3. 

__ (iii) Alternate II (Jan 2004) of 52.225-3. 

__ (36) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 

X_ (37) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, 

and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 

__ (38) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 

__ (39) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) 

(42 U.S.C. 5150). 

__ (40) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) 

(41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 

__ (41) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 

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

X_ (42) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration 

(Oct 2003) (31 U.S.C. 3332). 

X_ (43) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor 

Registration (May 1999) (31 U.S.C. 3332). 

__ (44) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). 

__ (45) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 

__ (46)(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: 
AG-INTS-S-12-010 9

[Contracting Officer check as appropriate.] 

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). 

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 

41 U.S.C. 351, et seq.). 

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple 

Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) 

(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for 

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.). 

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain 

Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.). 

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 

110-247). 

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). 

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of 

this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified 

acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation. 

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller 

General, shall have access to and right to examine any of the Contractor’s directly pertinent records 

involving transactions related to this contract. 

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, 

and other evidence for examination, audit, or reproduction, until 3 years after final payment under this 

contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the 

other clauses of this contract. If this contract is completely or partially terminated, the records relating to 

the work terminated shall be made available for 3 years after any resulting final termination settlement. 

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising 

under or relating to this contract shall be made available until such appeals, litigation, or claims are finally 

resolved. 

(3) As used in this clause, records include books, documents, accounting procedures and practices, 

and other data, regardless of type and regardless of form. This does not require the Contractor to create or 

maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant 

to a provision of law. 

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, 

the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a 

subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be 

as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, 

Title VI, Chapter 1 (41 U.S.C. 251 note)). 

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), 

in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts 

to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the 

subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. 

(iii) [Reserved] 

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). 

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). 

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act 

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. 

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). 

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). 

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). 
AG-INTS-S-12-010 10

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for 

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et 

seq.). 

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain 

Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). 

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009). 

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. 

L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. 

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) 

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of 

FAR clause 52.247-64. 

(2) While not required, the contractor may include in its subcontracts for commercial items a 

minimal number of additional clauses necessary to satisfy its contractual obligations. 

(End of clause) 

B.4 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 contract award through the later of the end of the base year or the

option year, if exercised.

(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. 

(End of clause) 

B.5 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 2,500 metric tons [for bulk cargoes]

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

, the Government is not obligated to 

purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. 

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

cargoes], 20,000 metric tons [for breakbulk], or 25,000 metric tons [for bulk cargoes]

(2) Any order for a combination of items in excess of 

; 

450 ocean containers [for 

containerized cargoes], 20,000 metric tons [for breakbulk], or 25,000 metric tons [for bulk 

cargoes]

(3) A series of orders from the same ordering office within 

; or

two

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

days that together call for 

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

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 maximumorder 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 two

(End of clause) 

days after issuance, with written notice stating the 

Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this 

notice, the Government may acquire the supplies or services from another source. 
AG-INTS-S-12-010 11

B.6. 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 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 the later 

of 60 days past the end of the contract’s base year or the option year, if exercised.

(End of clause) 

B.7. FAR 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at 

the rates specified in the contract. These rates may be adjusted only as a result of revisions to 

prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised 

more than once, but the total extension of performance hereunder shall not exceed 6 months. The 

Contracting Officer may exercise the option by written notice to the Contractor within sixty (60) 

days prior to contract expiration date. 

(End of clause)

B.8. FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor 

within thirty (30) days 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. 

(b) The total duration of this contract, including the exercise of any options under this clause,

shall not exceed five (5) years.

(End of clause)
AG-INTS-S-12-010 12

B.9. 52.232-19 -- Availability of Funds for the Next Fiscal Year. (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30, 

2012. The Government’s obligation for performance of this contract beyond that date is 

contingent upon the availability of appropriated funds from which payment for contract purposes 

can be made. No legal liability on the part of the Government for any payment may arise for 

performance under this contract beyond September 30, 2012 until funds are made available to the 

Contracting Officer for performance and until the Contractor receives notice of availability, to be 

confirmed in writing by the Contracting Officer.

(End of Clause)

B.10 52.247-5 Familiarization with Conditions (Apr 1984)

B.11 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): 

https://www.acquisition.gov/far/

http://www.usda.gov/procurement/policy/agar.html

(End of clause)

Section C. Contract Documents and Attachments

C. 1 Performance Work Statement

C.1.1 Background

To address risks inherent with shipping U.S. food aid to overseas destinations, the Government 

is seeking to hire marine cargo survey company to attend in Peru at:

• the discharge and/or delivery of containerized cargoes where they may be accessed

• the discharge of breakbulk cargoes, and 

• the discharge of bulk cargoes

in order to witness and examine cargoes, document the count and condition of these food aid 

shipments and activities related to disposition, and provide a written report. (Section A, 

Solicitation/Contract Form, Blocks 20 and 21 for details on location and tonnage.) The survey 

reports issued by the Contractors will be used by the Government to fix responsibility for loss 

and damage to the food aid. 

In general, we are seeking an experienced survey firm with a proven performance

record conducting like work.

C.1.2 Scope of Work

The surveyor is required to attend discharge and delivery of bulk grain vessels, breakbulk 

cargoes, and shipping containers, at the following locations in Peru:

Discharge Port(s): Callao (primary port – and possibly others)

Discharge Country: Peru

Destination Country: Peru
AG-INTS-S-12-010 13

Discharge ETA: Various 

Commodity: The products subject to Marine Cargo discharge/delivery survey 

service include dry staple foods such as rice, peas, beans, and lentils; dry 

blended/fortified foods such as wheat-soy blend and corn-soy blend; and 

vegetable oil. This food aid is packaged in polypropylene or paper bags ranging 

in size from 20 pounds to 50 kilograms, cardboard cartons containing consumerpack quantities, liquid 20 liter pails and 208 liter drums. Bulk grain cargoes may 

be shipped such as wheat, corn, and soybeans in bulker or tanker vessels. 

Quantity: All Food AID purchased for USAID and FAS by DACO-Kansas City 

Commodity Office.

For containerized shipments, survey attendance may be required at customs locations 

outside of port where containers are opened. 

C.1.3 Applicable Documents

The following legal/regulatory documents may be relevant to this acquisition:

• United States Carriage of Goods by Sea Act (COGSA);

• The Harter Act;

• 22 CFR 211—Transfer of Food Commodities for Food Use in Disaster Relief, 

Economic Development and Other Assistance;

• 7 CFR 1499—Foreign Donation Programs, Liability For Loss, Damage, Or 

Improper Distribution Of Commodities--Claims And Procedures;

C.1.4 Required Services

The Contractor shall provide all management, supervision, and personnel to provide the 

following under the contract:

1. A single point of contact, including phone number and e-mail, for all matters under 

the contract(s).

2. A cargo survey by qualified, experienced surveyors at vessel discharge and, if any, 

the port customs station, as well as at the ultimate destination(s) for through bills-oflading shipments.

3. For bulk shipments, at our instruction, a draft survey may be required in place of a 

discharge survey.

4. For bulk shipments which require bagging, additional survey reporting will be 

required which specifies losses and damages resulting from the bagging operation, 

as well as survey reporting at the ultimate destination(s) for through bill-of-lading 

shipments.

5. For any containerized cargoes, a survey at discharge and at customs locations 

between discharge port and at final destination where containers are opened. Also, 

survey reporting will be required at the ultimate destination(s) for through bill-oflading shipments.

6. Documentation and evidence of:

a. The quantity of cargo discharged/delivered.

b. Condition of container seals at discharge/customs/delivery. If broken or 

additional seals applied, must state where new seals were applied and report 

both the original seal numbers and new seal numbers.

c. Quantity of cargo removed by customs.

d. The condition of cargo discharged/delivered, including a complete description 

of the type and severity of the damage, and give probable cause of damage.

e. If containerized, the number and condition of containers discharge/delivered.
AG-INTS-S-12-010 14

7. In the event of major loss, the Contracting Officer or COTR is notified immediately.

8. Evidence that written notice of loss was presented to carrier/carrier's representative 

within three days of discharge/delivery.

9. Observe, and provide documentation and evidence for the disposition of any 

damaged (including reconstituted) cargo.

10. The names, titles, and organizational affiliations of those present at 

discharge/customs inspection/delivery/destruction.

11. In the event of damaged cargo, obtain samples and, subject to separate authorization 

by the Contracting Officer or COTR, provide timely analysis of suspected unfit 

cargo by an independent third party lab, if local health official is not available.

12. Certifications signed by third parties (vessel personnel, NGO representatives, 

customs representatives) establishing attendance by the Contractor at each location 

attended.

13. Submission of the preliminary form KC-334 upon completion of discharge/delivery 

and submission of the final form KC-334 with the survey report.

C.1.5 Deliverables

1. The Contractor shall liaise with the KCCO, the applicable vessel agent, and NGO in 

order to coordinate on-time attendance and the service to be provided.

2. The Contractor shall attend and observe at the locations stipulated in this RFQ.

3. The Contractor shall provide a separate, written survey report and supporting 

documentation, in English or with translation, for each originating vessel's cargo and 

destination 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. The report may be electronic or hard copy. A copy of the report 

should be sent to the receiver.

4. The completed report shall be submitted within 60 days of completion of 

discharge/delivery. If 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 justification for the delay and an estimated date of submission. 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.

5. The Contractor shall provide timely replies to inquiries. Timely means within seven (7) 

working days.

6. Additional information related to deliverables to be provided under the contract:

PERFORMANCE 

STANDARD

ACCEPTABLE 

QUALITY LEVEL

MONITORING 

METHOD

1. For containerized shipments, the 

following factors must be elements of a 

written report:

- the quantity of cargo 

discharged/delivered

- the condition of cargo 

discharged/delivered, including a 

complete description of the type and 

severity of the damage, and give 

probable cause of damage.

- check vessel holds before and 

after discharge

Report is sufficient to 

support the USDA claims 

recovery process.

USDA review of all 

Contractor’s reports.
AG-INTS-S-12-010 15

PERFORMANCE 

STANDARD

ACCEPTABLE 

QUALITY LEVEL

MONITORING 

METHOD

- list container numbers and seal 

numbers at time of 

discharge/customs/delivery

- personally observe 

discharge/delivery and comment on 

container conditions and note 

container defects, if any

- signed, legible, accurate 

original stroke tallies 

- attendance and reporting on 

accessing containers at customs 

locations

2. For breakbulk shipments, the 

following factors must be elements of a 

written report:

- the quantity of cargo 

discharged/delivered

- the condition of cargo 

discharged/delivered, 

including a complete 

description of the type and 

severity of the damage, and 

give probable cause of 

damage.

- check vessel holds before and 

after discharge

- personally observe 

discharge/delivery

- signed, legible, accurate 

original stroke tallies 

- for TBL shipments, attendance 

and reporting on loading of 

land conveyance.

Report is sufficient to 

support the USDA claims 

recovery process.

USDA review of all 

Contractor’s reports.

3. For bulk shipments, the following 

factors must be elements of a written 

report:

- the quantity of cargo 

discharged/delivered

- the condition of cargo 

discharged/delivered, including a 

complete description of the type 

and severity of the damage, and 

give probable cause of damage.

- check vessel holds before and after 

discharge

- conduct draft surveys to establish 

quantity on free-out shipments, at 

lightering operations and at ports 

where scales not available

- personally observe and describe in 

detail the discharge/delivery 

Report is sufficient to 

support the USDA claims 

recovery process.

USDA review of all 

Contractor’s reports.
AG-INTS-S-12-010 16

PERFORMANCE 

STANDARD

ACCEPTABLE 

QUALITY LEVEL

MONITORING 

METHOD

process

- scale information including scale 

location, scale type, date of last 

calibration, and other factors 

affecting scale weight accuracy

- for TBL shipments, attendance and 

reporting on loading of land 

conveyance

- for liquid cargoes and tallow, 

condition of pumping equipment 

and shore tanks/tank trucks

- provide the actual (or estimated, if 

actual not available) weight loss of 

any shortage, or damaged cargo and 

the type and severity of damage

- if cargo bagged, observe bagging 

operation and report the quantity 

bagged; 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.

-

4.A. In the event of major loss, the 

Contracting Officer or COTR is 

notified immediately.

100 percent compliance USDA review of all 

Contractor’s reports.

4.B. Evidence that written notice of 

loss was presented to carrier/carrier's 

representative within three days of 

discharge/delivery.

100 percent compliance 

when there are losses 

suffered, if no mitigating 

circumstances. 

Determination of mitigation 

is at the discretion of the 

Government.

USDA review of all 

Contractor’s reports.

4.C. Observe, and provide 

documentation and evidence for the 

disposition of any damaged cargo. 

- Document reconstitution efforts and 

results

- Obtain health officer's certificate for 

cargoes suspected to be unfit

- Provide disposal or destruction 

documentation

- The names of those present at 

discharge/customs 

inspection/delivery/destruction, 

including names, titles, and 

organizational affiliations.

100 percent compliance for 

observation, if no mitigating 

circumstances. 

Determination of mitigation 

is at the discretion of the 

Government.

USDA review of all 

Contractor’s reports.

4.D. In the event of damaged cargo, 

take samples and, subject to separate 

authorization by the Contracting 

Officer, provide timely analysis of 

suspected unfit cargo by an 

100 percent compliance 

when local health official is 

not immediately available, 

contractor must take 

representative samples at 

USDA review of all 

Contractor’s reports.
AG-INTS-S-12-010 17

PERFORMANCE 

STANDARD

ACCEPTABLE 

QUALITY LEVEL

MONITORING 

METHOD

independent third party lab, if local 

health official is not available.

the time damage is 

discovered, or commodity is 

suspected to be unfit.

Initiate analysis of samples 

within one week of 

authorization:

- 100 percent compliance 

when major damage 

(damage that in the 

estimation of the surveyor 

exceeds USD $20,000) is 

present

- 75 percent compliance 

when value of the loss is 

minor

5. Certifications signed by third parties 

(vessel personnel, NGO 

representatives, customs 

representatives) establishing attendance 

by the Contractor at each location 

attended.

100 percent compliance, if 

no mitigating 

circumstances. 

Determination of mitigation 

is at the discretion of the 

Government.

USDA review of all 

Contractor’s reports.
AG-INTS-S-12-010 18

Attachment KC-334
AG-INTS-S-12-010 19

Section D. Solicitation Provisions

D.1 452.204-70 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.

(End of provision)

D.2 52.212-1 Instructions to Offerors – Commercial Items (Feb 2012)

D.2.1 Addenda to Provision 52.212-1

D.2.1.1 Addendum to paragraph (b) – Submission of Offers.

Offeror shall submit its rate quotation using the form KC-337 provided in 

Section A.

The Government will evaluate RFQ's on the basis of price and past

performance. Past performance information from the last three years on current 

Government or commercial contracts, similar to this Government requirement, 

should be submitted by offerors along with the KC-337 and will be considered 

during evaluation.

Offerors shall also provide an e-mail address for contact purposes. 

Foreign firms are exempted from the requirement to provide a copy of the 

representations and certifications at 52.212-3.

D.2.1.2 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.

D.2.1.3 Addendum to paragraph (k) – Central Contractor Registration.

Foreign firms are exempted from the requirement to register in the Central 

Contractor Registration database unless contract payments are made within the 

United States.

(End of addenda)

D.3 52.212-2 Evaluation—Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror 

whose offer conforming to the solicitation will be most advantageous to the Government, price and 

other factors considered. In general, we are seeking an experienced survey firm with a proven 

performance record conducting like work. The following factors shall be used to evaluate offers

(and are listed in descending order of importance): 

1. Price

2. Past performance 

Past performance, information from the last three years on current Government or 

commercial contracts will be considered in addition to other available sources. If no past 

performance information is available, the offeror will be rated as neutral.
AG-INTS-S-12-010 20

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the 

successful offeror within the time for acceptance specified in the offer, shall result in a binding 

contract without further action by either party. Before the offer’s specified expiration time, the 

Government may accept an offer (or part of an offer), whether or not there are negotiations after its 

receipt, unless a written notice of withdrawal is received before award. 

(End of provision)

D.4 52.212-3 Offeror Representations and Certifications—Commercial Items. (Jan 2011) 

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual 

representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the 

annual representations and certifications electronically at the ORCA website, the offeror shall complete 

only paragraphs (c) through (o) of this provision. 

(a) Definitions. As used in this provision—

“Emerging small business” means a small business concern whose size is no greater than 50 percent of 

the numerical size standard for the NAICS code designated. 

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

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

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

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

can be accomplished by process or penalties. 

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted 

domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United 

States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is 

a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria 

specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). 

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, 

except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies; 

(3) FSG 88, Live Animals; 

(4) FSG 89, Food and Related Consumables; 

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

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

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

(8) FSC 9610, Ores; 

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

(10) FSC 9630, Additive Metal Materials. 

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

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

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

manufacture. 

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

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

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

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

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

demonstrate—

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

Sudan; 
AG-INTS-S-12-010 21

(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. 

“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. 

“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 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. 

(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 

Online Representations and Certifications Application (ORCA) website. 

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

ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror 

verifies by submission of this offer that the representations 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 (o) 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 on ORCA.] 
AG-INTS-S-12-010 22

(c) Offerors must complete the following representations when the resulting contract will 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 o is, o 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 o is, o 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 o is, o 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, for general statistical 

purposes, that it o is, o 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 o is, o is not a 

women-owned small business concern. 

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the 

simplified acquisition threshold. 

(6) 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 concern in 

paragraph (c)(1) of this provision.] The offeror represents that it o is a women-owned business concern. 

(7) 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:____________________________________ 

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the 

Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. 

[Complete only if the offeror has represented itself to be a small business concern under the size 

standards for this solicitation.] 

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging 

small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its 

offer that it o is, o is not an emerging small business. 

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted 

industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows: 

(A) Offeror’s number of employees for the past 12 months (check the Employees column if 

size standard stated in the solicitation is expressed in terms of number of employees); or 

(B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average 

Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms 

of annual receipts). 

(Check one of the following):

Number of Employees Average Annual Gross Revenues 

__ 50 or fewer __ $1 million or less 

__ 51–100 __ $1,000,001–$2 million 

__ 101–250 __ $2,000,001–$3.5 million 

__ 251–500 __ $3,500,001–$5 million 

__ 501–750 __ $5,000,001–$10 million 

__ 751–1,000 __ $10,000,001–$17 million 

__ Over 1,000 __ Over $17 million 
AG-INTS-S-12-010 23

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price 

Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small 

Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror 

desires a benefit based on its disadvantaged status.] 

(i) General. The offeror represents that either—

(A) It o is, o is not certified by the Small Business Administration as a small disadvantaged 

business concern and identified, on the date of this representation, as a certified small disadvantaged 

business concern in the database maintained by the Small Business Administration (PRO-Net), and that 

no material change in disadvantaged ownership and control has occurred since its certification, and, 

where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of 

each individual upon whom the certification is based does not exceed $750,000 after taking into account 

the applicable exclusions set forth at 13 CFR 124.104(c)(2); or 

(B) It o has, o has not submitted a completed application to the Small Business Administration 

or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 

13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in 

disadvantaged ownership and control has occurred since its application was submitted. 

(ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business 

Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the 

requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is 

accurate for the small disadvantaged business concern that is participating in the joint venture. [The 

offeror shall enter the name of the small disadvantaged business concern that is participating in the joint 

venture: ________________.] 

(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 o is, o 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 o is, o 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 o has, o has not participated in a previous contract or subcontract subject to the Equal 

Opportunity clause of this solicitation; and 

(ii) It o has, o has not filed all required compliance reports. 

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

(i) It o has developed and has on file, o 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 o 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 
AG-INTS-S-12-010 24

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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 

52.225-1, Buy American Act—Supplies, is included in this solicitation.) 

(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 Act—

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 Act—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the 

clause at FAR 52.225-3, Buy American Act—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, 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 Act—

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, or Peruvian end products) or Israeli end products as 

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

Trade Act”: 

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, 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) of this provision) as defined in the clause of this solicitation entitled “Buy American 

Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products 

those end products manufactured in the United States that do not qualify as domestic end products, i.e., an 
AG-INTS-S-12-010 25

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 Act—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 Act—Free Trade Agreements—Israeli Trade 

Act”: 

Canadian End Products:

Line Item No. 

_______________________________________

_______________________________________

_______________________________________

[List as necessary] 

(3) Buy American Act—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 Act—Free Trade 

Agreements—Israeli Trade Act”: 

Canadian or Israeli End Products:

Line Item No. Country of Origin 

______________ _________________

______________ _________________

______________ _________________

[List as necessary] 

(4) 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)(4)(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] 
AG-INTS-S-12-010 26

(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 Act. 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) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible 

for the award of contracts by any Federal agency; 

(2) o Have, o 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; 

(3) o Are, o 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) o Have, o have not, within a three-year period preceding this offer, been notified of any 

delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. 

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

(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 appeal 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 products.
AG-INTS-S-12-010 27

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. 

[ ] (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 it 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) o 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) o Outside the United States. 

(k) Certificates regarding exemptions from the application of the Service Contract Act. (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 o does o 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 o does o 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—
AG-INTS-S-12-010 28

(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 Act 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 a central contractor registration 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). 

o TIN: ________________________________. 

o TIN has been applied for. 

o TIN is not required because: 

o 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; 

o Offeror is an agency or instrumentality of a foreign government; 

o Offeror is an agency or instrumentality of the Federal Government. 

(4) Type of organization. 

o Sole proprietorship; 

o Partnership; 

o Corporate entity (not tax-exempt); 

o Corporate entity (tax-exempt); 

o Government entity (Federal, State, or local); 

o Foreign government; 

o International organization per 26 CFR 1.6049-4; 

o Other ________________________________. 

(5) Common parent. 

o Offeror is not owned or controlled by a common parent; 

o 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) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic 

corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the 

inversion transactions were completed on or before March 4, 2003), is also an inverted domestic 

corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108). 

(2) Representation. By submission of its offer, the offeror represents that it is not an inverted 

domestic corporation and is not a subsidiary of one. 

(o) Sanctioned activities relating to Iran. 

(1) Unless a waiver is granted or an exception applies as provided in paragraph (o)(2) of this 

provision, by submission of its offer, the offeror certifies that the offeror, or any person owned or 
AG-INTS-S-12-010 29

controlled by the offeror, does not engage in any activities for which sanctions may be imposed under 

section 5 of the Iran Sanctions Act of 1996. 

(2) The certification requirement of paragraph (o)(1) of this provision does 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. 

(End of Provision)

D.5 452.216-72 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.

(End of Provision)

D.5 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):

https://www.acquisition.gov/far/

http://www.usda.gov/procurement/policy/agar.html

(End of provision)