REJECTION OF QUOTATION: Failure to demonstrate compliance will be cause to reject the quote without further discussions. All responsible sources may submit an offer and will be considered. The following provision and clauses apply to this acquisition and can be found in full test at http://www.acquistion.gov/comp/far/index/html. FAR 52.252-1, Solicitation Provisions Incorporated by Reference are as follows: FAR 52.212-1, Instruction to Offerors Commercial Items; FAR 52.212-2, Evaluation-Commercial Items, FAR 52.212-3, Offeror Representations an Certifications Commercial Items (provide with Quote), FAR 52.204-7, Central Contractor Registration (ALL OFFERORS MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE IN ORDER TO RECEIVE AN AWARD). The website address for registration is: http://www.sam.gov and FAR 52.222-22, Previous Compliance Report. FAR 52.252-2, Clauses Incorporated by Reference, FAR 52.212-4, Contract terms and Conditions Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items apply to this acquisition. The FAR clauses may be viewed at http://www.acquisition.gov/comp/far/loadmainre.html
DELIVERY: FOB Destination. Deliver to USDA, ARS, Stoneville; Mississippi. QUOTED PRICE MUST INCLUDE: any delivery costs as well as any applicable duties, brokerage, or customs fees. Each offeror shall include their proposed delivery schedule as part of their quotation. PAYMENT: Any award made under this solicitation is subject to 31 CFR Part 208 which requires all payments made by the government to be made by electronic funds transfer. Contractors are required to register or update their registration at the Online Representation and Certification Application website at http://www.sam.gov.
FAR 52.212-2, Evaluation-Commercial Item, the significant evaluation factors, in the relative order of importance, are (i) technical capability of the item offered to meet the Government requirement including delivery date; (ii) past performance; and (iii) price (based on F.O.B. Destination), technical and past performance are more important than price. Award will be made based on overall BEST VALUE to the Government.
The government anticipates award of a contract resulting from this solicitation to the responsible offeror whose offer conforms to the specifications that will be the most advantageous to the government in accordance with FAR 13.106-2. Responses shall include technical specifications, descriptive material and capabilities of the offerors equipment. Offerors shall identity where the offered item meets or does not meet each of the Government's functional and performance minimum specifications listed herein. All sources wishing to furnish a quotation must respond by no later than COB 4:00 p.m. central standard time, August 30, 2013. Quotations are to be addressed to Huron Virden, Contract Specialist, USDA, ARS, MSA, P. O. Box 225, 141 Experiment Station Road, Stoneville, MS 38776-0225. No faxed for emailed responses are acceptable.
Attachment 1
AGAR ADVISRORY 104A
REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELIQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) (FEB 2012)
(a) Awards made under this solicitation are subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (P.L. No. 112-55), Division A, Sections 738 and 739 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 his 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.
(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.
(ii) The Offeror has [ ], has not [[[ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal or State law in the 24 months preceding the date of offer.
(3) The Offeror does [ ], does not [ ] check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
ASSURANCE REGARDING FELONY CONVICTION OR TAX DELIQUENT
STATUS FOR CORPORATE APPLICATIONS
(a) This award is subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P. L. No. 112-55, Division A, Section s 738a nd739 regarding corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it -
(1) does not have a tax delinquency, meaning that is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and
(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.
(b) If the awardee fails to comply with these provisions, ARS, MSA, WBSC, STONEVILLE, MS may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 and 739.
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