THIS MODIFICATION/AMENDMENT FOR THE REQUIREMENT BELOW IS BEING CORRECTED AS FOLLOWS: 1. QUOTES/BIDS ARE DUE NO LATER THAN 11:59 P.M. ON JANUARY 11, 2013 AS REQUESTED BELOW. 2. THE ANTICIPATED AWARD DATE WILL BE JANUARY 14, 2013 OR VERY SHORTLY THEREAFTER. 3. THIS REQUIREMENT IS STILL RESERVED EXCLUSIVELY FOR ALL SMALL BUSINESSES, NOT JUST LOCAL VENDORS. 4. COMPLETE DELIVERY OF THIS REQUIREMENT IS REQUIRED NO LATER THAN JANUARY 29, 2013 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number 621441 is issued as a Request for Quotation (RFQ) and incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-63. The North American Industry Classification System (NAICS) code is 325314; small business size standard is 500 employees. The USDA, Agriculture Research Service (ARS) has the following requirement. This requirement is for 150 tons of 30 percent UAN Liquid Nitrogen, The analysis must be: 30-0-0. This requirement shall be exclusively reserved for small business concerns. Delivery is required no later than January 29, 2013, to Bldg. 301, BARC-East in Beltsville, Maryland 20705. A ny amendment and documents related to this procurement will be available electronically at the Internet site: http://www.fbo.gov. Potential offerors will be responsible for downloading their own copy of those documents related to this procurement, if any. Quotes must be furnished to John Wilkinson, Purchasing Agent for USDA, ARS, EBSC at 5601 Sunnyside Ave., Building 4-1246A, Mail Stop 5124 in Beltsville, Maryland 20705, no later than 11:59 P.M. on January 11, 2013. Quotation and other supporting documents may be furnished by mail to the above address or via email to:
[email protected] Offerors must be registered at the website; www.SAM.gov and not be suspended or debarred The following provisions and clauses are incorporated by reference and apply to this acquisition and can be found in full text at http://www.acquisition.gov/comp/far/index.html . FAR 52.252-1, Solicitation Provisions Incorporated by Reference are as follows: FAR 52.212-1, Instructions to Offerors Commercial Items; FAR 52.212-2, Evaluation - Commercial Items; FAR 52.212-4, Contract Terms and Conditions Commercial Items; and FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Dec 2012). FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items . (Nov 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: __ (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.) _ X (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). _ X (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). _ X (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] _ X (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)(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-Subcon-tracting 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 ). _ X (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) ). _ X (26) 52.222-3 , Convict Labor (June 2003) (E.O. 11755). _ X (27) 52.222-19 , Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _ X (28) 52.222-21 , Prohibition of Segregated Facilities (Feb 1999). _ X (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-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C) ). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36) 52.223-15 , 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). __ (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 (Nov 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, 112-42, and 112-43). __ (ii) Alternate I (Mar 2012) of 52.225-3 . __ (iii) Alternate II (Mar 2012) of 52.225-3 . __ (iv) Alternate III (Nov 2012) of 52.225-3 . __ (41) 52.225-5 , Trade Agreements ( Nov 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) ). __ (47) 52.232-33 , Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) ( 31 U.S.C. 3332 ). _ X (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 ). _ X (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: __ (1) 52.222-41 , Service Contract Act of 1965 (Nov 2007) ( 41 U.S.C. 351 , et seq .). __ (2) 52.222-42 , Statement of Equivalent Rates for Federal Hires (May 1989) ( 29 U.S.C. 206 and 41 U.S.C. 351 , et seq .). __ (3) 52.222-43 , Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) ( 29 U.S.C. 206 and 41 U.S.C. 351 , et seq .). __ (4) 52.222-44 , Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) ( 29 U.S.C. 206 and 41 U.S.C. 351 , et seq .). __ (5) 52.222-51 , Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) ( 41 351 , et seq. ). __ (6) 52.222-53 , Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) ( 41 U.S.C. 351 , et seq. ). __ (7) 52.226-6 , Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11 , Accepting and Dispensing of $1 Coin (Sept 2008) ( 31 U.S.C. 5112(p)(1) ). (d) Comptroller General Examination of Record . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2 , Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7 , Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13 , Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 ( 41 U.S.C. 251 note )). (ii) 52.219-8 , Utilization of Small Business Concerns (Dec 2010) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26 , Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35 , Equal Opportunity for Veterans (Sep 2010) ( 38 U.S.C. 4212 ). (vi) 52.222-36 , Affirmative Action for Workers with Disabilities (Oct 2010) ( 29 U.S.C. 793 ). (vii) 52.222-40 , Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40 . (viii) 52.222-41 , Service Contract Act of 1965 (Nov 2007) ( 41 U.S.C. 351 , et seq .). (ix) 52.222-50 , Combating Trafficking in Persons (Feb 2009) ( 22 U.S.C. 7104(g) ). ___Alternate I (Aug 2007) of 52.222-50 ( 22 U.S.C. 7104(g) ). (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 . (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. AGAR 452.209 - 70 REPRESENTATION BYCORPORATIONS REGARDINGAN UNPAID DELINQUENT TAX LIABILITYORAFELONYCONVICTION (DEVIATION 2012-01) (FEB 2012) (a) Awards made under this solicitation are subject to the provisions contained in sections 738 and 739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (P.L. No. 112-55), Division A, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation. (b) The Offeror represents that - (1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.) If the Offeror checked "is" above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked "is not" above, Offeror may leave the remainder of the representation blank.