Solicitation: # AG-INTS-S-13-0002

United States 

Department of 

Agriculture

FARM SERVICE AGENCY

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

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

discharge/delivery survey services in DJIBOUTI, ETHIOPIA, PAKISTAN, TOGO, and YEMEN. 

The services will include surveys of containerized, and/or breakbulk, and/or bulk commodities for food 

assistance programs. It is the intention of the Government to award a firm-fixed price requirements service 

contract to one firm for each country. 

December 13, 2012
2

Solicitation # AG-INTS-S-13-0002

Contents

I. Solicitation Form 3

II. General Description 5

III. Contract Clauses 5

A. FAR 52.212-4 Contract Terms and Conditions—Commercial Items (Feb 2012) 5

A.1. Addenda to FAR 52.212-4 8

A.2. Additional Clauses 9

B. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items 

(AUG 2012) 12

IV. Contract Documents and Attachments 16

A. Statement of Work 16

B. Scope of Work 17

C. Required Services 17

D. Deliverables 18

E. Applicable Documents 21

F. Exhibits 21

F.1. KC-334 Rate Schedule 22

F.2. KC-337 Discharge/Delivery Survey Summary 23

V. Solicitation Provisions 24

A. 52.212-1 Instructions to Offerors—Commercial Items (Feb 2012) 24

A.1. Addenda to FAR 52.212-1 26

A.2. Additional Provisions 27

B. FAR 52.212-2 Evaluation-Commercial Items. (Jan 1999) 27

C. 52.212-3 Offeror Representations and Certifications—Commercial Items (Apr 2012) 28
3

I. Solicitation Form

1. Solicitation Number: AG-INTS-S-13-0002

2. Solicitation Issue Date: December 13, 2012

3. Issued and Administered By:

USDA-Farm Service Agency 

Deputy Administrator for Commodity Operations

International Procurement Division

Beacon Facility- Mail Stop 8738

P.O. Box 419205

Kansas City, MO 64141-6205

4. Solicitation Type: Request for Proposals (RFP)

5. Offer Due Date/Local Time: January 11, 2013, 2:00 P.M. Central Time

6. Award Information Available By: January 31, 2013 2:00 P.M. Central Time

7. Public Release of Award By: February 1, 2013 4:00 P.M. Central Time

8. Solicitation Information Contact: 

Name: Patsy Carleton

Fax: 816-823-1640

E-mail: patsy.carleton@kcc.usda.gov 

9. This Acquisition is:

/x/ Unrestricted

10. Schedule of Services: 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.

• Djibouti

• Ethiopia

• Pakistan

• Togo

• Yemen

11. Place of Performance: See Section IV.B. for Scope of Work. 

12. Submit survey reports and invoices to:

USDA-FSA-DACO

Contract Reconciliation Division - Export Debt Branch 

Beacon Facility - Mail Stop 8758 

P.O. Box 419205

Kansas City, MO 64141-6205
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For express mail:

USDA-FSA-DACO

Contract Reconciliation Division - Export Debt Branch 

Beacon Facility - Mail Stop 8758

9240 Troost Ave

Kansas City, MO 64131-3005

For questions concerning invoices contact Steve Yancey at 816-926-1460 or Dennis Atkins at 816-926-1532.

13. Contract Type:

/ / Definite Delivery/Definite Quantity

/ / Indefinite Delivery/Indefinite Quantity

/x/ Requirements/Indefinite Quantity

/ / Fixed Price (Differential) with Economic Price Adjustment

14. Accounting and Appropriation Data:

Funding for the service contracts awarded under this solicitation will be provided through the applicable 

funding source used for the procurement of the food aid that is to be surveyed.

15. Solicitation incorporates FAR provisions 52.212-1, 52.212-2, 52.212-3 and clauses 52.212-4 and 52.212-5. 

These provisions and clauses are included within this document.

16. USDA Contracting Officer

/s/ Patsy Carleton, Contracting Officer
5

II. General Description

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) and USDA’s Foreign 

Agricultural Service (FAS). 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, the Government is seeking to hire 

marine cargo survey companies to attend at discharge locations and, if applicable, customs and final 

delivery locations in order to witness and examine cargoes, document the count and condition of these 

food aid shipments and activities related to disposition, and provide a written report. The survey reports 

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

food aid. The Statement of Work under Section IV.A. provides the Government’s requirements.

Under certain circumstances, DACO may require that ancillary services be performed. Examples of such 

services include sampling of damaged commodities and providing analysis of suspected unfit cargoes.

Pursuant to FAR 15.306(a)(3), the government intends to evaluate proposals and make award without 

discussions. However, the Government reserves the right to hold discussions, if necessary.

Provisions and clauses in effect through FAC 2005-61 are incorporated into this RFP, as applicable.

III. Contract Clauses

A. FAR 52.212-4 Contract Terms and Conditions—Commercial Items (Feb 2012) 

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the 

requirements of this contract. The Government reserves the right to inspect or test any supplies or services that 

have been tendered for acceptance. The Government may require repair or replacement of nonconforming 

supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or 

reperformance will not correct the defects or is not possible, the Government may seek an equitable price 

reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government 

must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and 

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect 

in the item. 

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of 

performance of this contract to a bank, trust company, or other financing institution, including any Federal 

lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party 

makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its 

rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of 

the parties. 

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or 

action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at 

FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with 

performance of this contract, pending final resolution of any dispute arising under the contract. 

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. 

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an 

occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of 

God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, 

epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The 

Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the 

commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy 

such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of 

the cessation of such occurrence. 
6

(g) Invoice. 

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to 

the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor; 

(ii) Invoice date and number; 

(iii) Contract number, contract line item number and, if applicable, the order number; 

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; 

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if 

shipped on Government bill of lading; 

(vi) Terms of any discount for prompt payment offered; 

(vii) Name and address of official to whom payment is to be sent; 

(viii) Name, title, and phone number of person to notify in event of defective invoice; and 

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if 

required elsewhere in this contract. 

(x) Electronic funds transfer (EFT) banking information. 

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere 

in this contract. 

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a 

proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the 

applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—

Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central 

Contractor Registration), or applicable agency procedures. 

(C) EFT banking information is not required if the Government waived the requirement to pay by 

EFT. 

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of 

Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. 

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents 

against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to 

infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this 

contract, provided the Contractor is reasonably notified of such claims and proceedings. 

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered 

to the delivery destinations set forth in this contract. 

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act 

(31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. 

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the 

appropriate EFT clause. Applicable to domestic firms only.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the 

date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been 

made on the date which appears on the payment check or the specified payment date if an electronic funds 

transfer payment is made. 

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or 

that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of 

the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation 

errors, date(s) of overpayment); 

(B) Affected contract number and delivery order number, if applicable; 

(C) Affected contract line item or subline item, if applicable; and 

(D) Contractor point of contact. 

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. 

(6) Interest. 

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear 

simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be 

the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes 

Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as 
7

provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the 

Secretary until the amount is paid. 

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under 

the contract. 

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or 

amount of a debt within 30 days; 

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the 

timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has 

requested an installment payment agreement; or 

(C) The Contractor requests a deferment of collection on a debt previously demanded by the 

Contracting Officer (see 32.607-2). 

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the 

final decision shall identify the same due date as the original demand for payment. 

(v) Amounts shall be due at the earliest of the following dates: 

(A) The date fixed under this contract. 

(B) The date of the first written demand for payment, including any demand for payment resulting 

from a default termination. 

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on 

the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor; 

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise 

payable has been withheld as a credit against the contract debt; or 

(C) The date on which an amount withheld and applied to the contract debt would otherwise have 

become payable to the Contractor. 

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 

32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. 

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies 

provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: 

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or 

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation 

is f.o.b. destination. 

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. 

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this 

contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall 

immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors 

to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price 

reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the 

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have 

resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards 

or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the 

Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which 

reasonably could have been avoided. 

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the 

event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and 

conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In 

the event of termination for cause, the Government shall not be liable to the Contractor for any amount for 

supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and 

remedies provided by law. If it is determined that the Government improperly terminated this contract for 

default, such termination shall be deemed a termination for convenience. 

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to 

the Government upon acceptance, regardless of when or where the Government takes physical possession. 

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit 

for use for the particular purpose described in this contract. 

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be 

liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. 
8

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, 

executive orders, rules and regulations applicable to its performance under this contract. 

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 

31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety 

Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to 

whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. 

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving 

precedence in the following order: 

(1) The schedule of supplies/services. 

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique 

to Government Contracts paragraphs of this clause. 

(3) The clause at 52.212-5. 

(4) Addenda to this solicitation or contract, including any license agreements for computer software. 

(5) Solicitation provisions if this is a solicitation. 

(6) Other paragraphs of this clause. 

(7) The Standard Form 1449. 

(8) Other documents, exhibits, and attachments. 

(9) The specification. 

(t) Central Contractor Registration (CCR). 

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and 

through final payment of any contract for the accuracy and completeness of the data within the CCR database, 

and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain 

registered in the CCR database after the initial registration, the Contractor is required to review and update on an 

annual basis from the date of initial registration or subsequent updates its information in the CCR database to 

ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and 

conditions of this contract and is not a substitute for a properly executed contractual document. 

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name 

(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not 

completed the necessary requirements regarding novation and change-of-name agreements in 

FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business 

day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the 

requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the 

responsible Contracting Officer. 

The Contractor must provide with the notification sufficient documentation to support the legally changed 

name. 

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to 

perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed 

novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the 

Contractor indicated in the contract will be considered to be incorrect information within the meaning of the 

“Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract. 

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as 

appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, 

Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to 

the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient 

other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension 

of payment” paragraph of the EFT clause of this contract. 

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements 

via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757. 

(End of clause) 

A.1 Addenda to FAR 52.212-4

1. Addendum to Paragraph (a) Inspection/Acceptance. The Contracting Officer or the Contracting 

Officer's duly authorized representative will inspect and accept the supplies and/or services to be 
9

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. 

2. Addendum to Paragraph (b) Assignment.

If requesting assignment of claims under the contract, the contractor may use USDA forms 

CCC-251 (Notice of Assignment) and CCC-252 (Instrument of Assignment), which may be 

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

the contractor may use its own forms provided the forms are essentially consistent with CCC251 and CCC-252 in content.

3. Addendum to Paragraph (e) Definitions.

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

Contracting Officer. 

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

$20,000. 

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

surveyed.

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

(5) "Third party lab" means a laboratory meeting international ISO testing standards that is 

not affiliated/associated with either the ocean carrier or receiver involved in the shipment.

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

The Central Contractor Registration system (as well as the Online Representations and 

Certifications (ORCA) referenced in 52.212-3) has been superseded by the System for 

Award Management (www.sam.gov) also available from https://www.acquisition.gov. 

5. Addendum to paragraph (u) – Submission of deliverables

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

associated invoice to the address in Section I Solicitation Form. Deliverables and invoice may be 

submitted electronically to the COTR.

(End of addenda)

A.2. Additional Clauses

AGAR 452.211-74 Period of Performance. (Feb 1988)

The base period of performance of this contract is from

 April 1, 2013 through Sept 30, 2013.

Option period 1, if exercised, is from Oct 1, 2013 through Sept 30, 2014.

Option period 2, if exercised, is from Oct 1, 2014 through Sept 30, 2015.

Option period 3, if exercised, is from Oct 1, 2015 through Sept 30, 2016.

Option period 4, if exercised, is from Oct 1, 2016 through Sept 30, 2017.

(End of Clause)

AGAR 452.211-75 Effective Period of the Contract. (Feb 1988)

The effective period of this contract is from April 1, 2013 through the through date of clause 452.211-74.

(End of Clause)

FAR 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 date of award through contract expiration date

(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.

.
10

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

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

authorized in the Schedule.

(End of Clause)

FAR 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]

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

, the Government is not obligated to purchase, nor is the Contractor obligated 

to furnish, those supplies or services under the contract.

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

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]

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

; or

two

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

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

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

(b) of this section.

days that together call for quantities 

exceeding the limitation in paragraph (b)(1) or (2) 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)

(End of clause) 

days after issuance, with written notice stating the Contractor’s intent not to 

perform the service called for and the reasons. Up on receiving this notice, the Government may acquire the 

supplies or services from another source.

FAR 52.216-21 Requirements. (Oct 1995) 

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

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

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

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

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

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

Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the 

Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for 

by orders issued in accordance with the Ordering clause. The Government may issue orders requiring 

delivery to multiple destinations or performance at multiple locations. 

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

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

or activities specified in the Schedule. 

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

on total orders under this contract. 

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

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

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

source. 

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

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

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

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

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

74. 
11

(End of clause) 

AGAR 452.216-73 Minimum And Maximum Contract Amounts (Feb 1988)

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

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

(End of clause)

FAR 52.217-8 Option to Extend Services. (November 1999)

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

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

rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the 

total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may 

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

date.

(End of clause)

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

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

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

notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice 

does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this 

option clause.

(c)The total duration of this contract, including the exercise of any options under this clause, shall not 

exceed five (5) years.

(End of clause)

FAR 52.222-49 Service Contract Act—Place of Performance Unknown. (May 1989)

FAR 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 30, 2013. The 

Government’s obligation for performance of this contract beyond that date is contingent upon the 

availability of appropriated funds from which payment for contract purposes can be made. No legal 

liability on the part of the Government for any payment may arise for performance under this contract 

beyond September 30, 2013, until funds are made available to the Contracting Officer for performance 

and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting 

Officer.

(End of clause)

AGAR 452.246-70 Inspection and Acceptance (Feb 1988)

(a) 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.

(b) 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.

(End of clause)

FAR 52.247-5 Familiarization with Conditions (Apr 1984)

The offeror shall become familiar with all available information regarding difficulties that may be 

encountered and the conditions, including safety precautions, under which the work must be 

accomplished under the contract. The offeror shall not be relieved from assuming all responsibility for 

properly estimating the difficulties and the cost of performing the services required in this contract 

because the offeror failed to investigate the conditions or to become acquainted with all information 

concerning the services to be performed.
12

(End of clause)

FAR 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 full text. Upon request, the Contracting Officer will make their full text available. Also, the 

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

https://www.acquisition.gov/far/http://www.usda.gov/procurement/policy/agar.html

(End of clause)

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

Commercial Items (AUG 2012)

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

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

acquisitions of commercial items: 

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

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

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

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

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

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

applicable to acquisitions of commercial items: 

[Contracting Officer check as appropriate.] 

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

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

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

Chapter 1 (41 U.S.C. 251 note)). 

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 

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

Reinvestment Act of 2009.) 

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. 

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

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

111-5). 

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

Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). 

__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) 

(41 U.S.C. 2313). 

__ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 

738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of 

Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). 

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). 

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

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

__ (11) [Reserved] 

__ (12)(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). 
13

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). 

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

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

__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). 

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

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

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

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

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). 

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). 

__ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). 

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns 

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

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

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and 

Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting 

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

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) 

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

__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 

632(a)(2)). 

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business 

(EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). 

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible 

Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). 

__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 

__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). 

__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 

__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 

__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). 

__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). 

__ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). 

__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 

(E.O. 13496). 

__ (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not 

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

items as prescribed in 22.1803.) 

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items 

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

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

of commercially available off-the-shelf items.) 

__ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). 

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer 

Products (DEC 2007) (E.O. 13423). 
14

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

_X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 

(E.O. 13513). 

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d). 

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (May 2012) (41 

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

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

__ (ii) Alternate I (Mar 2012) of 52.225-3. 

__ (iii) Alternate II (Mar 2012) of 52.225-3. 

__ (iv) Alternate III (Mar 2012) of 52.225-3. 

__ (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 

_X_ (42) 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). 

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) 

(42 U.S.C. 5150). 

__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 

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

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 

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

_X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) 

(31 U.S.C. 3332). 

___ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration

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

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). 

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 

__ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) 

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). 

__ (ii) Alternate I (Apr 2003) of 52.247-64. 

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial 

services, that the Contracting Officer has indicated as being incorporated in this contract by reference to 

implement provisions of law or Executive orders applicable to acquisitions of commercial items: 

[Contracting Officer check as appropriate.] 

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

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

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

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

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

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

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

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

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

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

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

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-

247). 
15

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

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

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

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

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

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

transactions related to this contract. 

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

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

any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this 

contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be 

made available for 3 years after any resulting final termination settlement. Records relating to appeals under the 

disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made 

available until such appeals, litigation, or claims are finally resolved. 

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

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

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

law. 

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

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

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

required by the clause—

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

Chapter 1 (41 U.S.C. 251 note)). 

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

subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small 

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

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

(iii) [Reserved] 

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

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

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

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 

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

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

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

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

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

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

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

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

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012). 

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-

247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. 
16

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. 

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

clause 52.247-64. 

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

number of additional clauses necessary to satisfy its contractual obligations. 

(End of clause) 

IV. Contract Documents and Attachments

A. Statement of Work

1. Background 

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

seeking to hire 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. In general, we are seeking an experienced survey firm 

with a proven performance record conducting like work.

2. Government Contact Information

Upon contract award the Contractor will be advised of the individual serving as the COTR for the 

contract and the individual serving as COTR for report and invoice submission, including 

applicable phone numbers and E-mail addresses.

3. Availability and Notification

The Contractor shall be available on 48 hour notice of the shipments. Attendance may be required 

simultaneously at numerous locations.

4. Task Orders

a. The Government intends to issue task orders electronically pursuant to 4.b. below; however, it 

reserves the right to issue task orders orally, by email, or by facsimile, if necessary.

b. Once the cargo has lifted from a US port, the COTR shall provide the Contractor a task order 

which will include information detailing the cargo to be surveyed with identifying information, 

the vessel on which it is shipped, the destination(s) with estimated arrival date, attendance 

location(s), and contact information. The instructions on the task order will identify the 

shipment terms (ie: port-to-port or through bill of lading) to define the prices used.

c. The task order will be issued to the survey contract (country) holder 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, if one exists. 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.

5. Conveyances

Bulk cargoes will be typically shipped in bulk and tanker vessels; packaged cargoes in bulk or 

breakbulk vessels, lash barges, or in containers. Cargoes will be shipped port-to-port or on 

through bills of lading where the cargoes are transported to inland locations. 

6. Products

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. This food aid is 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 
17

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

7. Communications

The Contractor shall provide timely replies to inquiries, within seven (7) working days.

B. Scope of Work

1. The surveyor is required to attend at the discharge and delivery of all food aid cargoes covered by 

the contract. These locations include: 

o the discharge port (which may be in a different country than the country for which the 

surveyor has a contract)

o the delivery location(s), as applicable

o for containerized shipments, at customs locations outside of port areas where the 

containers are opened.

2. The table below lists all the countries for which the Government intends to award indefinite delivery 

requirements contracts. A separate contract will be awarded for each country, with only one 

contract holder per country. Offerors may submit proposals for more than one country; however, 

each country offer shall be submitted as a separate proposal, i.e., technical and price proposal 

specific for each country offer. An offeror may be awarded more than one contract.

Djibouti Ethiopia Pakistan Togo Yemen

3. The Djibouti and Togo contracts will also cover the USAID prepositioning program, with 

warehouses located in Djibouti and Lome.

C. Required Services

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

under the contract:

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

contract(s).

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

customs station, as well as at the ultimate destination(s) for through bills-of-lading 

shipments.

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

addition to, a discharge survey.

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

which specifies losses and damages resulting from the bagging operation, as well as survey 

reporting at the ultimate destination(s) for through bill-of-lading shipments.

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

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

will be required at the ultimate destination(s) for through bill-of-lading shipments.

6. Documentation and evidence of:

a. The quantity of cargo discharged/delivered.

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

seals applied, must state where new seals were applied and report both the original 

seal numbers and new seal numbers.

c. Quantity of cargo removed by customs.

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

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

e. If containerized, the number and condition of containers discharge/delivered.

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

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

three days of discharge/delivery.

9. Observe, and provide documentation and evidence for the disposition of any damaged 
18

(including reconstituted) cargo.

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

inspection/delivery/destruction.

11. In the event of damaged cargo, obtain photographs and a representative sample and, subject 

to separate authorization by the Contracting Officer or COTR, provide timely 

documentation of the analysis of suspected unfit cargo by an independent third party lab, if 

local health official is not available.

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

custom representatives) establishing attendance by the Contractor at each location attended.

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

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

D. Deliverables

1. The Contractor shall liaise with DACO, the applicable vessel agent, and NGO/PVO in order to 

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

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

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

English or with translation, for each originating vessel's cargo and destination with sufficient 

detail and documentation so as to fix responsibility for losses occurring while cargo is under the 

care, custody, and control of the steamship company transporting the cargo. The report may be 

electronic or hard copy. A copy of the report should be sent to the receiver.

4. The completed report shall be submitted within 60 days of completion of discharge/delivery. If 

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

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

an estimated date of submission. If reconstitution is not expected to be completed within 

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

documentation to follow upon completion of the process.

5. The Contractor shall provide timely replies to inquiries, within seven (7) working days.

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

PERFORMANCE 

STANDARD

ACCEPTABLE 

QUALITY LEVEL

MONITORING 

METHOD

1. For containerized shipments, the 

following factors must be elements 

of a written report:

- the quantity of cargo discharged/

delivered

- the condition of cargo 

discharged/delivered, including a 

complete description of the type 

and severity of the damage, and 

give probable cause of damage.

- check vessel holds before and 

after discharge

- list container numbers and seal 

numbers at time of discharge/

customs/delivery

- personally observe discharge/

delivery and comment on 

container conditions and note 

container defects, if any

- signed, legible, accurate original 

stroke tallies 

- attendance and reporting on 

Report is sufficient to 

support the USDA claims 

recovery process.

USDA review of all 

Contractor’s reports.
19

PERFORMANCE 

STANDARD

ACCEPTABLE 

QUALITY LEVEL

MONITORING 

METHOD

accessing containers at customs 

locations

- report of infestation, if any

- photographs of any broken seals 

on the containers

2. For breakbulk shipments, the 

following factors must be elements 

of a written report:

- the quantity of cargo discharged/

delivered

- the condition of cargo 

discharged/delivered, including a 

complete description of the type 

and severity of the damage, and 

give probable cause of damage.

- check vessel holds before and 

after discharge

- personally observe discharge/ 

delivery

- signed, legible, accurate original 

stroke tallies 

- for TBL shipments, attendance 

and reporting on loading of land 

conveyance.

- report of infestation, if any

Report is sufficient to 

support the USDA claims 

recovery process.

USDA review of all 

Contractor’s reports.

3. For bulk shipments, the 

following factors must be elements 

of a written report:

- the quantity of cargo discharged/

delivered

- the condition of cargo 

discharged/delivered, including 

a complete description of the 

type and severity of the damage, 

and give probable cause of 

damage.

- check vessel holds before and 

after discharge

- conduct draft surveys to 

establish quantity on free-out 

shipments, at lightering 

operations and at ports where 

scales not available

- personally observe and describe 

in detail the discharge/delivery 

process

- scale information including 

scale location, scale type, date of 

last calibration, and other factors 

affecting scale weight accuracy

- for TBL shipments, attendance 

Report is sufficient to 

support the USDA claims 

recovery process.

USDA review of all 

Contractor’s reports.
20

PERFORMANCE 

STANDARD

ACCEPTABLE 

QUALITY LEVEL

MONITORING 

METHOD

and reporting on loading of land 

conveyance

- for liquid cargoes and tallow, 

condition of pumping equipment 

and shore tanks/tank trucks

- provide the actual (or estimated, 

if actual not available) weight 

loss of any shortage, or damaged 

cargo and the type and severity 

of damage

- if bulk cargo is being bagged, 

observe bagging operation and 

report the quantity bagged; 

document the total bag count 

and weight and the method of 

such determination; forward 

original stroke tallies with the 

survey report to document the 

quantity of cargo bagged and 

stacked.

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

Contracting Officer or COTR is 

notified immediately.

100 percent compliance USDA review of all 

Contractor’s reports.

4.B. Evidence that written notice of 

loss was presented to carrier/

carrier's representative within three 

days of discharge/delivery.

100 percent compliance

when there are losses 

suffered, if no mitigating 

circumstances. 

Determination of 

mitigation is at the 

discretion of the 

Government.

USDA review of all 

Contractor’s reports.

4.C. Observe, and provide 

documentation and evidence for the 

disposition of any damaged cargo. 

- Document reconstitution efforts 

and results

- Obtain health officer's certificate 

for cargoes suspected to be unfit

- Provide disposal or destruction 

documentation

- The names of those present at 

discharge/customs inspection/

delivery/destruction, including 

names, titles, and organizational 

affiliations.

100 percent compliance 

for observation, if no 

mitigating circumstances. 

Determination of 

mitigation is at the 

discretion of the 

Government.

USDA review of all 

Contractor’s reports.

4.D. In the event of damaged and/or 

out of condition cargo, take 

photographs and samples and, 

subject to separate authorization by 

the Contracting Officer, provide 

timely analysis of suspected unfit 

cargo by an independent third party 

100 percent compliance 

when local health official 

is not immediately 

available, contractor must 

take representative 

samples at the time 

damage is discovered, or 

USDA review of all 

Contractor’s reports.
21

PERFORMANCE 

STANDARD

ACCEPTABLE 

QUALITY LEVEL

MONITORING 

METHOD

lab, if local health official is not 

available.

commodity is suspected 

to be unfit.

Submit samples for testing 

within one week of 

authorization:

- 100 percent compliance 

when major damage 

(damage that in the 

estimation of the 

surveyor exceeds USD 

$20,000) is present

- 75 percent compliance 

when value of the loss 

is minor

5. Certifications signed by third 

parties (vessel personnel, NGO/ 

PVO representatives, customs 

representatives) establishing 

attendance by the Contractor at 

each location attended.

100 percent compliance, 

if no mitigating 

circumstances. 

Determination of 

mitigation is at the 

discretion of the 

Government.

USDA review of all 

Contractor’s reports.

E. Applicable Documents

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

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

• The Harter Act;

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

Development and Other Assistance;

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

Distribution Of Commodities--Claims And Procedures;

F. Exhibits

The forms included as Exhibits on the following pages shall be used by the contractor in performance of 

its work under this contract.
22

Attachment KC-337 RATE SCHEDULE

See reverse side for Privacy Act, Public Burden and Nondiscrimination Statements.

KC-337 U.S. DEPARTMENT OF AGRICULTURE

(11-01-2012) Farm Service Agency

Rate Schedule

Country/Region: Base Year / Option Year 1 / 2 / 3 / 4 (Circle, as appropriate)

DISCHARGE SURVEYS

Metric Tons (MT)

(Rates are per net MT except for Min. Fee)

Type of Cargo Up to 999 MT Min. Fee* 1,000 - 5,000 MT 5,001 - 10,000 MT 10,001 MT and above

Bulk-No bagging

Bulk-Including Bagging

Breakbulk

DRAFT SURVEYS

(Cost is separate from your base rates)

Rate for each draft survey: 

CUSTOMS LOCATIONS 

(Cost shall be expressed per workday)

Rate per workday: 

THROUGH BILL OF LADING SURVEYS

(Rates must include cost to perform surveys at both the discharge and delivery locations.) 

Metric Tons (MT)

(Rates are per net MT except for Min. Fee)

Type of Cargo Up to 999 MT Min. Fee* 1,000 - 5,000 MT 5,001 - 10,000 MT 10,001 MT and above

Bulk-No bagging

Bulk-Including Bagging

Breakbulk

CONTAINERIZED SHIPMENT SURVEYS

(Rates for shipments delivered inland must cover surveys conducted at both the discharge and delivery locations.)

 Number of Containers

 (Rates are per container except for Min. Fee)

Min. Fee* Min. 10 Max. 25 Min. 26 Max. 50 51 and above

No Devanning 1

Devan at Port 2

Devan at Inland Delivery Location 3

Devan at Port + Breakbulk Inland Delivery Location 4

* Minimum fee applies only to shipments of less than 1,000 MT or shipments of less than 10 containers.

Rate schedule must be stated in U.S. currency ($0.00)

I certify that this firm has the expertise necessary to perform the survey services required by Commodity Credit Corporation in this country/region. I further 

certify that this rate schedule is my bid to perform survey services in this country/region for a period of one year from the date the contract is awarded to this 

firm and that such rate schedule is all-inclusive and will not change during the period under which the contract is effective.

Signature: ________________________________________________ Title: ____________________________________________

Firm Name: ________________________________________________ E-Mail: ____________________________________________

 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.
23

Attachment KC-334 DISCHARGE/DELIVERY SURVEY SUMMARY
24

V. Solicitation Provisions

A. 52.212-1 Instructions to Offerors—Commercial Items (Feb 2012) 

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code 

and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). 

However, the small business size standard for a concern which submits an offer in its own name, but which proposes to 

furnish an item which it did not itself manufacture, is 500 employees. 

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the 

exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise 

specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number; 

(2) The time specified in the solicitation for receipt of offers; 

(3) The name, address, and telephone number of the offeror; 

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the 

requirements in the solicitation. This may include product literature, or other documents, if necessary; 

(5) Terms of any express warranty; 

(6) Price and any discount terms; 

(7) “Remit to” address, if different than mailing address; 

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those 

representations and certifications that the offeror shall complete electronically); 

(9) Acknowledgment of Solicitation Amendments; 

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts 

for the same or similar items and other references (including contract numbers, points of contact with telephone 

numbers and other relevant information); and 

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all 

terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or 

information, or reject the terms and conditions of the solicitation may be excluded from consideration. 

See addendum below for additional submission requirements.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from 

the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. 

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time 

specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no 

expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during 

preaward testing. 

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or 

commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. 

(f) Late submissions, modifications, revisions, and withdrawals of offers. 

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach 

the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in 

the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers 

or revisions are due. 

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in 

the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is 

received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay 

the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was 

received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to 

the date specified for receipt of offers; or 

(B) There is acceptable evidence to establish that it was received at the Government installation designated 

for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or 

(C) If this solicitation is a request for proposals, it was the only proposal received. 

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the 

Government, will be considered at any time it is received and may be accepted. 

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date 

stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or 

oral testimony or statements of Government personnel. 
25

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be 

received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and 

urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing 

date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the 

solicitation on the first work day on which normal Government processes resume. 

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. 

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, 

offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the 

conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror 

or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting 

withdrawal is established and the person signs a receipt for the offer. 

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a 

contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms 

from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later 

determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in 

the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers 

received. 

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies 

the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities 

less than those specified. The Government reserves the right to make an award on any item for a quantity less than the 

quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. 

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-

29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained 

for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section

Suite 8100

470 East L’Enfant Plaza, SW

Washington, DC 20407 

Telephone (202) 619-8925

Facsimile (202) 619-8978. 

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs 

issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this 

solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this 

provision. Additional copies will be issued for a fee. 

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST 

websites: 

(i) ASSIST (http://assist.daps.dla.mil). 

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch). 

(iii) ASSISTdocs.com (http://assistdocs.com). 

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point 

(DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard); 

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or 

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, 

Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. 

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their 

preparation, publication, or maintenance. 

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 

or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) 

The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or 

“DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is 

the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional 

CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the 

same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. 

An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at 
26

http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet 

office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting 

the local Dun and Bradstreet office. 

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an 

offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database 

prior to award, during performance and through final payment of any contract resulting from this solicitation. If the 

Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the 

Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain 

information on registration and annual confirmation requirements via the CCR database accessed through 

https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757. 

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following 

information, if applicable: 

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer. 

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past 

performance information on the debriefed offeror. 

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. 

(4) A summary of the rationale for award; 

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful 

offeror. 

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection 

procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the 

agency. 

(End of provision) 

A.1. Addenda to FAR 52.212-1

1. Addendum to paragraph (b) Submission of offers. Submission of offers is revised to 

remove “Offers may be submitted on the SF 1449.” The SF 1449 is not being used for this 

streamlined solicitation. Offerors should submit their signed and dated offers on letterhead 

stationery.

In addition to items (1) through (11) required by paragraph (b) of FAR clause 52.212-1, the 

paragraph is further amended to require the inclusion of the following in offerors’ proposal 

packages—

(12) Offerors shall also identify the specific country(ies) for which they are 

offering.

 (13) A valid e-mail address for contact purposes

(14) A completed price rate sheet (Form KC-337 Rate Schedule in Section IV. F)

of this solicitation

(15) A technical proposal addressing staffing, experience, customer service, sample 

survey report, and past performance

(16) A statement certifying that the offeror has the capability to utilize standard 

digital photography to document any issues which might be raised

(17) A statement specifying the extent of agreement with all terms, conditions, and 

provisions included in the solicitation.

Prior to the deadline stated in Section I, proposal packages may be submitted electronically 

(Preferred) or via overnight express mail, in accordance with FAR 52.212-1, to the address 

shown below. Electronic submissions should be sent to: patsy.carleton@kcc.usda.gov and 

must be in a format compatible with Microsoft Office or Adobe Acrobat.
27

CONFIDENTIAL

USDA-FSA-DACO

Beacon Facility - Mail Stop 8738

Attn: Patsy Carleton

9240 Troost Ave

Kansas City, MO 64131-30551

2. Addendum to paragraph (j) – Data Universal Numbering System (DUNS) Number.

Foreign firms are exempted from the requirement to obtain and provide a DUNS 

number with their offer.

3. Addendum to paragraph (k) The Central Contractor Registration system (as well as the 

Online Representations and Certifications (ORCA) referenced in 52.212-3) has been 

superseded by the System for Award Management (www.sam.gov) also available from 

https://www.acquisition.gov.

(End of addenda)

A.2. Additional Provisions

AGAR 452.219-70 Size Standard and NAICS Code Information (Sep 01)

The North American Industrial Classification System Code(s) and business size 

standard(s) describing the products and/or services to be acquired under this 

solicitation are listed below:

- Contract line item(s): See Schedule of Services

- NAICS Code 488390

- Size Standard $35.5 million 

(End of provision)

4K52.242-01 Contractor Past Performance

The Government will prepare a past performance evaluation at the time the work under the 

contract is completed. In addition, interim evaluations may be conducted as to provide current 

information for source selection purposes, for contracts or orders with a period of performance, 

including options, exceeding one year. Evaluation will rate performance areas such as quality 

of product or service, cost control, timeliness of performance, and business relations. The 

evaluation will be entered into the Contractor Performance Assessment Reporting System 

(CPARS). Contractor will have an opportunity to comment on the Governments evaluation. 

Details on access and use of CPARS will be provided to the Contractor at a future date.

The past performance evaluation may be used by the Government to support future award 

decisions.

 (End of provision)

B. FAR 52.212-2 Evaluation-Commercial Items. (Jan 1999)

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

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

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

used to evaluate offers:

1. Staffing. The Government will evaluate proposals on the basis of a firm’s 

staffing to be deployed to cover all anticipated locations in the particular 

country(ies) or regions given the potential for simultaneous attendance at 

multiple port and inland locations. If the survey work is to be performed by an 

affiliated company or subcontractor, the name of that company should be 
28

provided. 

2. Experience. This technical factor will be evaluated on the basis of the 

experience level of the surveyors performing similar work on agricultural 

products in the pertinent country(ies). Experience of any management staff 

coordinating the operations should also be included in the proposal.

3. Customer Service. This factor will be evaluated on the basis of the firm’s internal 

management oversight of all aspects of the survey process and its communication 

framework as it relates to communications with the Government.

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

sample should be relevant for an agricultural product. The Government will review 

the report for content, clarity, and accuracy. 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.

5. Past Performance. The Government shall evaluate proposals on the basis of customer 

satisfaction on past (within the last three years) or current Government or commercial 

contracts similar to this Government requirement. Offerors are allowed to submit 

information on a maximum of five contracts.

Offerors shall provide the following information in its proposal:

1. Contract number

2. Date of contract

3. Customer name

4. Point of contact (name and current phone number)

In rating an offeror's past performance, information in the offeror's proposal 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. If there is no information on past 

contract performance of an offeror or past contract performance is not available, the 

offeror will not be evaluated favorably or unfavorably on this factor, and past performance 

will be rated as neutral.

(b) The Government is concerned with obtaining superior technical ability rather than making an 

award to the lowest cost or price in awarding these contracts. Therefore, each of the above factors 

(Staffing, Experience, Customer Service, Sample Report, and Past Performance) will be given equal 

weight in the evaluation process, and all, when combined, are significantly more important than price. 

(c) Option Years. 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).

(d) The Government may reject any or all proposals, if such action is in the Government’s best interest, 

and may waive information and minor irregularities in proposals received. 

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

offeror within the time for acceptance specified in the offer, shall result in a binding contract without 

further action by either party. Before the offer’s specified expiration time, the Government may accept 

an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written 

notice of withdrawal is received before award.

(End of provision)

C. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (APR 2012)

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

representations and certifications electronically via https://www.acquisition.gov. If an offeror has not 

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

complete only paragraphs (c) through (o) of this provision. 
29

(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—

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

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

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

accomplished by process or penalties. 

“Inverted domestic corporation”, as used in this section, means a foreign incorporated entity which is treated 

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

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

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

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

domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as 

defined by the Internal Revenue Code at 26 U.S.C. 7874. 

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

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

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

(3) FSG 88, Live Animals; 

(4) FSG 89, Food and Related Consumables; 

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

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

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

(8) FSC 9610, Ores; 

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

(10) FSC 9630, Additive Metal Materials. 

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

made or processed from raw materials into the finished product that is to be provided to the Government. If a 

product is disassembled and reassembled, the place of reassembly is not the place of manufacture. 

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

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

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

business operations do not include business operations that the person (as that term is defined in Section 2 of 

the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

Sudan; 

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

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

conducted under such authorization; 

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

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

humanitarian organization; 

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

specifically—

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

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and 
30

(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 servicedisabled 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. 

“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. 

“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 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 Online 

Representations and Certifications Application (ORCA) website. 

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

website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the 

offeror verifies by submission of this offer that the representations and certifications currently posted 

electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been 

entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation 

(including the business size standard applicable to the NAICS code referenced for this solicitation), as of the 

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

______________. 

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has 

completed for the purposes of this solicitation only, if any.

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

accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to 

the representations and certifications posted electronically on ORCA.] 
31

(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 is, is not a service-disabled veteran-owned small business concern. 

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

business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, 

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 womenowned 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,o is not a WOSB concern eligible under the WOSB Program, has provided all the required 

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

that affects its eligibility; and 

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the 

representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the 

WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB 

concern eligible under the WOSB Program and other small businesses that are participating in the joint 

venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint 

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

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

the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] 

The offeror represents that—

(i) It is,is not an EDWOSB concern, has provided all the required documents to the WOSB 

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; 

and 

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the 

representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in 

the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small 

businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in 

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

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

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

Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its 

disadvantaged status.] 

(i) General. The offeror represents that either—
32

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

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

concern in the CCR Dynamic Small Business Search database maintained by the Small Business 

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

certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the 

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

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

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

Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, 

Subpart B, and a decision on that application is pending, and that no material change in disadvantaged 

ownership and control has occurred since its application was submitted. 

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

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

requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is 

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

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

________________.] 

(11) 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)(11)(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

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

U.S.C. 1352). (Applies only if 

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

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

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

or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the 

award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a 

lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, 

with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the 

registrants. The offeror need not report regularly employed officers or employees of the offeror to whom 

payments of reasonable compensation were made. 

52.225-1, Buy American Act—Supplies, is included in this solicitation.) 
33

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

domestic end product and that for other than COTS items, the offeror has considered components of unknown 

origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as 

foreign end products those end products manufactured in the United States that do not qualify as domestic end 

products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of 

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

“component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined 

in the clause of this solicitation entitled “Buy American Act—Supplies.” 

(2) Foreign End Products:

Line Item No. Country of Origin 

______________ _________________

______________ _________________

______________ _________________

[List as necessary] 

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

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

at FAR 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act, is included in this 

solicitation.) 

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

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

components of unknown origin to have been mined, produced, or manufactured outside the United States. The 

terms “Bahrainian, Moroccan, Omani, or Peruvian end product,” “commercially available off-the-shelf (COTS) 

item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement 

country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined 

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

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

(other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the 

clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: 

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

Products) or Israeli End Products:

Line Item No. Country of Origin 

______________ _________________

______________ _________________

______________ _________________

[List as necessary] 

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

paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American Act—

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

products manufactured in the United States that do not qualify as domestic end products, i.e., an 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. 
34

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

to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for 

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

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

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

Canadian End Products:

Line Item No. 

_______________________________________

_______________________________________

_______________________________________

[List as necessary] 

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

to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for 

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

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

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

Trade Act”: 

Canadian or Israeli End Products:

Line Item No. Country of Origin 

______________ _________________

______________ _________________

______________ _________________

[List as necessary] 

(4) Buy American Act—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, or Peruvian end products) or Israeli end products as defined 

in the clause of this solicitation entitled “Buy American Act-Free Trade Agreements-Israeli Trade Act”: 

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

Peruvian End Products) or Israeli End Products: 

Line Item No. Country of Origin 

______________ _________________

______________ _________________

______________ _________________

[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 

______________ _________________

______________ _________________

______________ _________________
35

[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 Act. The Government 

will consider for award only offers of U.S.-made or designated country end products unless the Contracting 

Officer determines that there are no offers for such products or that the offers for such products are insufficient 

to fulfill the requirements of the solicitation. 

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

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

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

(1) 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 $3,000 for which the liability remains unsatisfied. 

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

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. 

A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a 

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

exhausted. 

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

failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases 

where enforced collection action is precluded. 

(ii) Examples. 

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles 

the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is 

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

taxpayer has exercised all judicial appeal rights. 

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

taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS 

Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to 

sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability 

because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it 

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

taxpayer has exercised all judicial appeal rights. 

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer 

is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent 

because the taxpayer is not currently required to make full payment. 

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

enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). 

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

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

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

Labor, unless excluded at 22.1503(b).] 

(1) Listed end products.
36

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 Act. (Certification by the 

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

subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if 

paragraph (k)(1) or (k)(2) applies.] 

[ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The 

offeror does does not certify that—

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

Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt 

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

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

prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and 

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

under the contract will be the same as that used for these employees and equivalent employees servicing the 

same equipment of commercial customers. 

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

that—

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

are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in 

substantial quantities in the course of normal business operations; 

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

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

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

portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized 

basis, or less than 20 percent of available hours during the contract period if the contract period is less than a 

month) servicing the Government contract; and 

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

under the contract is the same as that used for these employees and equivalent employees servicing commercial 

customers. 

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

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

Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the 

Contracting Officer as soon as possible; and 
37

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

certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in 

paragraph (k)(3)(i) of this clause. 

(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is 

required to provide this information to a central contractor registration database to be eligible for award.) 

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

to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 

U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). 

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

of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to 

the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with 

IRS records to verify the accuracy of the offeror’s TIN. 

(3) Taxpayer Identification Number (TIN). 

o TIN: ________________________________. 

o TIN has been applied for. 

o TIN is not required because: 

o Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income 

effectively connected with the conduct of a trade or business in the United States and does not have an office or 

place of business or a fiscal paying agent in the United States; 

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

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

(4) Type of organization. 

o Sole proprietorship; 

o Partnership; 

o Corporate entity (not tax-exempt); 

o Corporate entity (tax-exempt); 

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

o Foreign government; 

o International organization per 26 CFR 1.6049-4; 

o Other ________________________________. 

(5) Common parent. 

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

o Name and TIN of common parent: 

Name ________________________________. 

TIN _________________________________. 

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

does not conduct any restricted business operations in Sudan. 

(n) Prohibition on Contracting with Inverted Domestic Corporations. 

(1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet 

the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. 

(2) Representation. By submission of its offer, the offeror represents that—

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

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

(o) Sanctioned activities 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 Certification. Unless a waiver is granted or an exception applies as provided in 

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

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

technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf 

or at the direction of, the government of Iran; and 

(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. 
38

(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. 

(End of provision)