Page 1 of 34

Solicitation: # 12-1NTS-17-S-0003-P0001

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 Afghanistan, Central America (Guatemala, Nicaragua, & El Salvador), 

Ghana, Senegal, South Africa, Sudan, Tanzania, and United Arab Emirates. 

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. 

January 24, 2017
Page 2 of 34

Part I -- The Schedule

A. Solicitation/Contract Form SF1449
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 

1

12-1NTS-17-S-0003 01/17/2017

Kyla Stoufer 816-926-8828 02/10/2017

12:00pm CST

USDA-FSA-DACO

International Procurement Division

Beacon Facility – Mail Stop 8738

Kansas City, Missouri, 64141

USDA-FSA-DACO-Contract Reconciliation Division

Beacon Facility – Mail Stop 8758

2312 East Bannister Road

Kansas City, Missouri, 64141-3011

same as box 9

USDA-FSA-DACO

Contract Reconciliation Division

Beacon Facility – Mail Stop 8758

2312 East Bannister Road

Kansas City, Missouri, 64141-3011

 RATES SHALL BE SUBMITTED ON THE FORM KC-337

$ 0.00

$ 0.00

Jessica Howlett

1/17/2017

Digitally signed by Jessica Howlett 

DN: cn=Jessica Howlett, o, ou=USDA/KCCO/IPD/PB, 

email=Jessica.Howlett@kcc.usda.gov, c=US 

Date: 2017.01.17 09:19:02 -06'00'
Page 3 of 34

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. Afghanistan

b. Central America (Guatemala, Nicaragua, & El Salvador)

c. Ghana

d. Senegal 

e. South Africa

f. Sudan 

g. Tanzania

h. United Arab Emirates

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
Page 4 of 34

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 20 pounds 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. 

It is anticipated that food aid cargoes requiring marine cargo discharge/delivery survey services 

will be shipped to the countries listed below; 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. Afghanistan

b. Central America (Guatemala, Nicaragua, & El Salvador)

c. Ghana

d. Senegal 

e. South Africa

f. Sudan 

g. Tanzania

h. United Arab Emirates
Page 5 of 34

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

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

task orders orally, by email, 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
Page 6 of 34

TABLE 3.2 ADDITIONAL REQUIREMENTS FOR REPORTS - CONTAINERIZED 

SHIPMENTS

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. 

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
Page 7 of 34

TABLE 3.3 ADDITIONAL REQUIREMENTS FOR REPORTS - BREAK BULK 

SHIPMENTS

TABLE 3.4 ADDITIONAL REQUIREMENTS FOR REPORTS ON BULK SHIPMENTS

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 

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
Page 8 of 34

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.

Key Deliverables

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 to be 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
Page 9 of 34

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.

i. 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:

ii. For through bill-of-lading shipments:

(1) Loading of land conveyance

(2) Ultimate destination(s)

e. Bulk Shipments:

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

following locations:

(1) Location of bagging operation 

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

iv. For bulk shipments which require a draft survey, additional performance may be 

required at the following locations:

(1) On board mother vessel 

(2) 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. Staffing

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

discharge and inland delivery locations. 

ii. One lead surveyor shall be appointed to oversee operations on-site, although not 

necessarily full time.

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

Offeror, as the prime contractor is the key party for communications with USDA. 

The full name of the subcontracted entity shall be provided.

iv. Contractor shall provide a single point of contact and backup, including phone 

number and e-mail, for all matters under the contract such as task order receipt, 

communications, survey review, etc.

v. The Contractor shall be available on 48 hour notice of the shipments. 

b. Experience

i. All cargo surveys shall be completed by qualified, experienced surveyors who are 

also knowledgeable of the standard practices at applicable discharge ports and 

potential inland locations, which may not necessarily be in the same country.

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

survey services for humanitarian food aid. 

iii. The government point of contact shall have sufficient experience and understanding 

of our survey requirements. 

iv. A majority of the surveyors performing the work are generally experienced in 

working with similar commercial or humanitarian food aid products. 

v. Offeror shall be familiar with all potential attendance sites. 
Page 10 of 34

vi. The lead surveyor(s) shall be well-experienced in surveying food cargo and have 

sufficient number of years to be a subject expert. The lead surveyor shall be in 

attendance, at a minimum, in an oversight capacity. 

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. The services required during the performance dates are based on the date cargo is 

expected to arrive at the discharge port.

Period Performance Dates

Base period April 1, 2017 to September 30, 2017

Option period 1 October 1, 2017 to September 30, 2018

Option period 2 October 1, 2018 to September 30, 2019

Option period 3 October 1, 2019 to September 30, 2020

Option period 4 October 1, 2020 to September 30, 2021

Option period 5 October 1, 2021 to March 31, 2022

2. 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, Deputy Administrator 

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

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

associated invoice to the address in Section E of this Solicitation. Deliverables and invoice may 

be submitted electronically to the COR or technical monitor. 

G. Contract administration data
Page 11 of 34

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 contracting officer for this contract is:

Jessica Howlett

816-926-1109

Jessica.howlett@kcc.usda.gov

H. Special contract requirements – N/A

Part II -- Contract Clauses

I. Contract clauses

Provisions and clauses in effect through FAC 2005-92-1 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 (MAY 2015)

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. 
Page 12 of 34

(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)

 

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 April 1, 2017 through March 31, 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 April 1, 2017 through March 31, 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 
Page 13 of 34

(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 

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 April 1, 2017 through Sept 30, 2017. 

Option period 1, if exercised, is from Oct 1, 2017 through Sept 30, 2018. 

Option period 2, if exercised, is from Oct 1, 2018 through Sept 30, 2019. 

Option period 3, if exercised, is from Oct 1, 2019 through Sept 30, 2020. 

Option period 4, if exercised, is from Oct 1, 2020 through Sept 30, 2021

Option period 5, if exercised, is from Oct 1, 2021 through March 31, 2022 

AGAR 452.216-73 - MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)
Page 14 of 34

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 

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 (DEC 2016) 

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

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

applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). 

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 

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

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

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

Executive orders applicable to acquisitions of commercial items:

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

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

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

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

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

Recovery and Reinvestment Act of 2009.) 

__ (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). 
Page 15 of 34

__ (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 Set-Aside (Nov 2011) (15 U.S.C. 644). 

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (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 (Nov 2011) (15 U.S.C. 637(a)(14)). 

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 

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

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

2011) (15 U.S.C. 657 f). 

__ (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 (Sept 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). 

__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 

13627). 

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). 

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not 

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

commercial items as prescribed in 22.1803.) 
Page 16 of 34

__ (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 court terminates the injunction. At that time, GSA, DoD 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 Televisions (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. 

__ (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. 13693).

__ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83). 

__ (48)(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. 

__ (49) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 

__ (50) 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). 

__ (51) 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). 

__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 

__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) 

(42 U.S.C. 5150). 
Page 17 of 34

__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 

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

__ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 

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

__ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 

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

__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award 

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

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). 

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 

__ (60)(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:

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). 

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). 

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 

41 U.S.C. chapter 67). 

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment 

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). 

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price 

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). 

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts 

for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 

U.S.C. chapter 67). 

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts 

for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67). 

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). 

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 

U.S.C. 1792). 

__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). 

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

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

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

Negotiation. 

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

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

involving transactions related to this contract.

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

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

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

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

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

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

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

claims are finally resolved. 

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

and other data, regardless of type and regardless of form. This does not require the Contractor to create 
Page 18 of 34

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

pursuant to a provision of law.

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

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

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

shall be as required by the clause—

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

(ii) 52.219-8, Utilization of Small Business Concerns (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. 

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

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

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

(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). 

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

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). 

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

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

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

40. 

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

(xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 

13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). 

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to 

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 

2014) (41 U.S.C. chapter 67). 

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to 

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). 

(xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). 

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). 

(xvi) 52.222-59, 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 (e)(1)(xvi): 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 court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the 

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

(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)). 

(xviii) 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). 

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. 

(xx) 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.
Page 19 of 34

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 (1 page)

2. KC334 Discharge/Delivery Preliminary Survey (2 pages)

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.

As prescribed in 12.301(b)(2), insert the following provision: 

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2016)

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

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

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

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

(a) Definitions. As used in this provision—

“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.

“Forced or indentured child labor” means all work or service—
Page 20 of 34

(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.

“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). 

“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—

(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—
Page 21 of 34

(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.

“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.

“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” 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.

“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.

“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 
Page 22 of 34

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.

(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 

SAM website. 

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

SAM website accessed through http://www.acquisition.gov. After reviewing the SAM 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 (r) 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.] 

(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 □ 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 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, 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. 

(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—
Page 23 of 34

(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. 

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

simplified acquisition threshold. 

(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 concern in 

paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned 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 
Page 24 of 34

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.) 

(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) of 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 that do not qualify as domestic end 
Page 25 of 34

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

______________ _________________
Page 26 of 34

______________ _________________

______________ _________________

[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;

(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:

(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. 
Page 27 of 34

(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 .] 

(1) Listed end products. 

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) □ 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;
Page 28 of 34

(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—

(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);
Page 29 of 34

□ 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 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 e-mail questions concerning sensitive technology to the Department of State at 

CISADA106@state.gov. 

(2) Representation and Certifications. 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.
Page 30 of 34

(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)

(q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under 

any Federal Law. 

(1) As required by sections 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 an 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)

(End of provision)

Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic 

provision: 

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this 

provision.)

____ Black American.

____ Hispanic American.

____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, 

Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The 
Page 31 of 34

Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the 

Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, 

Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, 

Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

52.209-2 - PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC 

CORPORATIONS—REPRESENTATIONS (NOV 2015)

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.
Page 32 of 34

(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. (OCT 2016)

1. Questions regarding this RFQ shall be submitted to Kyla Stoufer (kyla.stoufer@kcc.usda.gov) by 

Tuesday, January 31, 2017 at 12:00pm CST. Questions will be answered by Friday, February 3, 

2017 at 12:00pm CST. 

2. Submit offers to kyla.stoufer@kcc.usda.gov prior to Friday, February 10, 2017 at 12:00pm CST. 

3. Offers shall not exceed 20 pages in length, not including a sample survey or price offer. If 

double sided, each side counts as one page. Pages in excess of 20 pages may not be considered. 

4. 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. 

5. Addenda to FAR 52.212-1 Instructions to Offerors—Commercial Items (Oct 2016) 

a. Addendum to paragraph (b) Submission of offers. 

(1) Submission of offers is revised to remove “Offers may be submitted on the SF 1449.”

Offerors should submit their signed and dated offers using the KC337 Rate Schedule 

for pricing.

(2) The offer must identify both the solicitation number and the country.

(3) Terms of express warrenty is not applicable.

(4) Prices shall be submitted on form KC-337 Rate Schedule, dated 11-14-2016, as 

attached. An offeror may bid on the base year and as many option years as desired 

by circling the appropriate number. Separate rate sheets may be submitted if the 

prices vary by option year, as long as the years the prices are effective are clearly 

marked. 

(5) 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.

(6) The offeror must submit a statement specifying the extent of agreement with all 

terms, conditions, and provisions included in the solicitation. 

(7) A completed copy of the representations and certifications at FAR 52.212-3 must be

submitted. These can be submitted electronically in www.acquisition.gov OR by

completing the pages found at the end of this solicitation in Section V.C. PLEASE 

NOTE: for survey work performed outside the US, only paragraphs (e), (h), (m), and 

(o) are applicable and need to be addressed.
Page 33 of 34

(8) 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.

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

1. FAR 52.212-2 Evaluation-Commercial Items. (Oct 2014)

a. The Government will award a contract resulting from this solicitation to the responsible

offeror whose offer conforming to the solicitation will be most advantageous to the 

Government, price and other factors considered. The following factors shall be used to 

evaluate offers:

i. Staffing. This technical factor will be evaluated according to a firm’s capability 

to meet the requirements listed in the Statement of Work (Part I. Section C. 

Number 7. Contractor’s Key Personnel).

ii. Sample Survey Report. One (1) sample survey report shall be submitted. The 

sample survey will NOT count towards overall page limit of offer. The sample 

should be relevant for the type work being solicited. The Government will 

review the report for content, clarity of reporting, and accuracy of figures. 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 all key factors as listed in 

the Statement of Work (Section I. Part C. Number 3. Technical Requirements).
Page 34 of 34

iii. Experience. This technical factor will be evaluated according to a firm’s 

capability to meet the requirements listed in the Statement of Work (Part I. 

Section C. Number 7. Contractor’s Key Personnel). 

iv. Past Performance. The offeror shall submit three (3) references for work of a 

similar size and/or scope, and performed within the past three (3) years, along 

with a description of the contract work performed. Provide a written discussion 

of past performance problems, and the corrective actions taken to resolve those 

problems. The information provided should be sufficient to demonstrate the 

relevance of the previous work scope. If three references cannot be provided, 

the offeror must provide justification as to why the three references cannot be 

provided to meet the acceptable criteria. References must include the following 

information:

1. Name of contracting activity

2. Contract number

3. Contract type

4. Total contract value

5. Description of contract work

6. Name of contracting officer, telephone, fax number, and email address

7. Name of government program manager, telephone, and email address

8. Performance dates

 

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. In rating an offeror's past performance, 

information in the offer will be considered along with information obtained from 

other sources, such as USDA. 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, Sample 

Survey, Experience, 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.