ag0261s160064.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

BOISE ID 83709-1663

1249 S VINNELL WAY STE 200

ATTN-TANYA SPANFELLNER

SW IDAHO-NEVADA ACQUISITION CENTER

0267 CODE 16. ADMINISTERED BYCODE

X

X

X

561730

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR0261

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/29/2016 1200 MT

06/15/2016

208-373-4130TANYA SPANFELLNER

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-0261-S-16-0064

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 37806658OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

TWIN FALLS ID 83301

2647 KIMBERLY ROAD EAST

SAWTOOTH NATIONAL FOREST

15. DELIVER TO

BOISE ID 83709-1663

1249 S VINNELL WAY STE 200

ATTN-TANYA SPANFELLNER

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

SW IDAHO-NEVADA ACQUISITION CENTER

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Contract Noxious Weed Treatment on the Ketchum RD and Sawtooth NRA Delivery: 07/01/2016 Period of Performance: 07/01/2016 to 09/30/2016

001 Contract Noxious Weed Treatment on the Ketchum RD 1 EA and Sawtooth NRA

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

TANYA SPANFELLNER

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

Duns No.:_____________________________________

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

372 of

CONTRACT TERMS AND CONDITIONS

52.212-4 Contract Terms and Conditions - Commercial Items. (May 2015)

ADDENDUM TO FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS (INCORPORATED BY REFERENCE ON STANDARD FORM 1449)

CLAUSES INCORPORATED BY REFERENCE

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 452.236-73 Archaeological or Historic Sites. (FEB 1988)

CLAUSES INCORPORATED BY FULL TEXT

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 in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil.

(End of Clause)

452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract will start approximately July 1, 2016 through September 30, 2016

(End of Clause)

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. The conference will be held at a mutually agreed upon time and location.

(End of Clause)

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Crew Leader.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)

Solicitation No.: AG-0261-S-16-0064

Idaho Workers Compensation Law

(a) Prior to award of any contract subject to Idaho Workers' Compensation Laws, the Contractor must provide a completed State of Idaho Certificate of Verification of Workers’ Compensation Insurance form to the Government. This form will be submitted to the Idaho Industrial Commission by the Government in order to assure that the Contractor in line for award has the required worker’s compensation coverage or is exempt from the requirement for coverage.

(b) A copy of the State of Idaho Certificate of Verification of Workers' Compensation Insurance form has been provided for use in the Attachments and shall be completed and submitted as part of the offer.

(c) This certificate of verification shall be fully executed by the Contractor and signed by the Industrial Commission Compliance Officer prior to award of the contract.

(End of Addendum)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Mar 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 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 (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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 (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O.

13126).

X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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

13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

X__ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

_X_ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

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

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

X_ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

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

X__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits

Laborer, Ground Maintenance WG3 $13.60

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.

chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

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

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

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

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

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

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

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 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)

FY16 Contract Noxious Weed Management on the Ketchum Ranger District and Sawtooth National Recreation Area:

Custer County and Blaine County Sawtooth National Forest

Ketchum ID, 83340 Stanley, ID 83278

Statement of Work

OBJECTIVES:

The objective of this project is to effectively continue noxious weed management and treatment during the 2016 summer season through the use of chemical controls within the known and discovered noxious weed infestations on the Ketchum Ranger District and Sawtooth National Recreation Area.

SCOPE OF WORK:

This work consists of noxious weed management and treatment during the 2016 growing season through the use of chemical control on the Ketchum RD and Sawtooth NRA specifically within known and discovered weed infestations. See attached maps for identification & site information. Any Idaho State listed noxious weed population found within the treatment area may be treated. However, in the event available funding will not allow for treatment of all known or discovered infestations, priority will be given to Idaho State listed species that are of particular local concern, specifically, spotted knapweed, rush skeletonweed, and/or toadflax.

Additionally, a global positioning unit (GPS) will be used (provided by the contractor) to record areas of treatment by species. New infestations encountered will be inventoried using GPS, and then treated according to the specifications.

The contractor will provide transportation, supervision, labor, operating supplies, appropriate herbicide as specified below, sufficient amounts of dye, surfactant, and incidentals.

LOCATION AND DESCRIPTION:

The “General View” map shows a 110 acre project area across both Districts (Appendix A). Attached maps identify the treatment areas & approximate number of acres that herbicide will be applied to. Refer to “Treatment Areas” on page 4 for a written description of the general area as well as attached maps depicting individual areas to be surveyed and treated.

Table 1: Treatment unit and approximate number of acres herbicide will be applied to.

Id Note Est_AC App_Trl_MI App_Rd_MI 1 Lower Stanley to Torreys 41 0 19 2 215 Trail 2 1 0 3 Roadside spraying from Spring Cr to Easley 12 0 7.5 4 Easley 0 0 0 5 From HQ to Phantom Hill backpack spraying 20 0 0 6 103 road up 331 trail 2 0.5 1.5 7 Deer Creek Rd 4 0 4.5 8 Panther Gulch 0.5 0 3.5 9 Greenhorn TH 1 0 1

10 Warm Springs Rd 2.5 0 14 11 Adams Gulch 1 1.5 0 12 Bald Mtn 3 0 1 13 Fox Gulch 3 1.5 0 14 Oregon Gulch 2 2 0 15 Copper Creek 2 0 3 16 Porcupine Creek 1 2 0 17 Fisher Canyon 1 1 0 18 East Fk 118 Rd 2 0 3.5 19 Hyndman Cr 203 Rd 1.5 0 3.5 20 Parker Gulch 1 0 1.6 21 Independance Gulch 1 0 1 22 Courier 109 Rd 1 0 1 23 Trail Creek 3 0 5.5 24 Lake Cr 2 0 3.7 25 Corral Cr 0.5 0 3

TOTAL 110 9.5 77.8

Treatment Areas:

Generally, the project area encompasses known weed locations throughout a majority of the Ketchum RD and Sawtooth NRA. There are 16 finer scale, individual maps depicting each of the 25 sites. Known infestations are depicted as purple polygons in the fine detail maps. Also attached is a full version spreadsheet describing mode of travel and application method. Roadside spraying along HI75 will be conducted with truck mounted sprayers, as ATV’s/UTV’s are not recommended. ATV’s/UTV’s can be utilized to conduct roadside spraying on USFS marked roads. Total roadside spraying is approx. 78 miles. There are a total of approx. 9.5 miles of backpack spraying on trails. The expectation is that along roadsides and trails, individual patches will be sprayed, and that area sprayed/contacted by herbicide totals 110 acres. From Lower Stanley to Torrey’s, entire patches will be sprayed between HI75 and the Salmon River. From Lower Stanley to Torrey’s, immediately North of HI75 to the Sawtooth NF Boundary, the perimeter of the patches will be treated so as to contain the infestation. If time/acreage permits, the interiors of these Northern patches will receive treatment. No treatment will occur in wilderness.

All noxious weed treatments on the Ketchum RD and Sawtooth NRA are to comply with the Sawtooth NF Pesticide General Permit (PGP), Pesticide Discharge Management Plan (PDMP), and Biological Assessment and Biological Evaluation of Effects from the Noxious and Invasive Weed Management Program on Fisheries, Terrestrial Wildlife, and Rare Plant Species: Fairfield Ranger District, Ketchum Ranger District, and Sawtooth National Recreation Area

Attached are rules and procedures that derive from those documents. Specific guidance the contractor will need to follow include:

1. Supervisors Office guidance regarding contractors and PGP/PDMP.

2. PGP – contractor needs to read all.

3. PDMP – contractor needs to read all paying close attention to:

a. Attachment G – Subcontractor Certifications/Agreements

b. Sec. 3 – Problem Identification

c. Sec. 4 – Pest Mgmt. Options

d. Sec. 5 – Response Procedures

4. From the Programmatic Consultation Biological Opinion from US Fish and Wildlife Service:

a. Best Management Practices

b. Incidental Take Statement

c. Prudent Reasonable Measures/Terms Conditions/Conservation Recommendations/Reinitiation

Notice

5. From the Sawtooth NF Programmatic BA:

a. Additional BMPs not in the BOs

b. Table 8 (Herbicide Application Rates) and Table 10 (RCA Herbicide Use Restrictions)

c. Appendix D – Spill Plan

6. Example 2016 Daily Log to be used by the contractor.

7. From the Programmatic Consultation BO from National Marine Fisheries Service:

a. Prudent Reasonable Measures/Terms Conditions/Conservation Recommendations/Reinitiating of Consultation

b. Incidental take statement

c. Proposed Action

d. Table 13 – because it is referenced in the Terms and Conditions

Table 2: Treatment by species

Dye will be used @ 2oz. per gallon. Surfactant must be used when treating toadflax. The contractor will provide Spreader (or acceptable equivalent) @ 2 oz. per gallon. The only surfactants allowed are Activator 90, Spreader 90, LI-700, Syltac R11, and MSO.

CONTRACT TIME:

Estimated Start Date Completion Date July 1, 2016 September 30, 2016

WEED SPECIES

INFESTATION INFO TIMING TREATMENT METHOD

Dalmation toadflax (LIDA) – Linaria dalmatica

Scattered plants June 1 – September 30

Picloram (Tordon 22K) or equivalent .25-1.0 lbs. AE/acre, Dry flowable Chlorsulfuron (Telar) .25-1.0 lbs. AE/acre, 2, 4-D (Tordon 101), 1-2 lbs. AE/acre, Aminopyralid (Milestone) .078-.011 lbs. AE/acre @ 7 Oz/acre, Glyphosate (Rodeo) .5-3.0 lbs. AE/acre @ 96 oz./30 gal water/acre

Yellow toad flax (LIVU2) – Linaria vulgaris

Scattered plants.

June 1 – September 30

Picloram (Tordon 22K) or equivalent .25-1.0 lbs. AE/acre, Dry flowable Chlorsulfuron (Telar) .25-1.0 lbs. AE/acre, 2, 4-D (Tordon 101), 1-2 lbs. AE/acre, Aminopyralid (Milestone) .078-.011 lbs. AE/acre @ 7 Oz/acre.

Spotted knapweed (CEST8) – Centaurea stoebe and Diffuse knapweed (CEDI3) – Centaurea diffusa and Black Henbane (HYNI) – Hyoscyamus niger

Heavy infestations of spotted along roads and trails (Large infestations adjacent to highway 50 acres gross estimate)

June 1 – September 30

Picloram (Tordon 22K) or equivalent .25-1.0 lbs. AE/acre, 2,4-D (Weedar 64) 1-2 lbs. AE/acre, Clopyrolid (Transline) Liquid concentrate .1-.5 lbs. AE/acre, 2, 4-D (Tordon 101) 1-2lbs. AE/acre, 2, 4-D (Weedar 64) 1-2 lbs. AE/acre, Clopyralid (Transline) .1-.5 lbs.

AE/acre, Aminopyralid (Milestone) .078-.011 lbs. AE/acre @ 7 Oz/acre. Glyphosate (Rodeo) .5-3.0 lbs. AE/acre @ 96 oz./30 gal water/acre

Rush Skeletonweed (CHJU) – Chondrilla juncea

Scattered plants, only isolated plants have been found in the treatment units

June 1 – September 30

Picloram (Tordon 22K) .25-1.0 lbs.

AE/acre, Aminopyralid (Milestone) .078-.011 lbs. AE/acre, Glyphosate (Rodeo) .5-3.0 lbs. AE/acre @ 96 oz./30 gal water/acre

All others As encountered June 1 – September 30

Picloram (Tordon 22K) .25-1.0 lbs.

AE/acre, Aminopyralid (Milestone) .078-.011 lbs. AE/acre @ 7 Oz/acre. Glyphosate (Rodeo) .5-3.0 lbs. AE/acre @ 96 oz./30 gal water/acre

Contractor Responsibilities:

1. Any vehicles necessary for transportation of Contractor personnel, equipment or supplies will be provided by the Contractor. ORV’s and vehicles will only be used for treatment along designated motorized trails and roads.

2. The Contractor shall be responsible for transporting all materials from the Ranger District Office to the work site.

3. The Contractor shall return all unused materials supplied by the USFS to the responsible Ranger District after coordinating a date and time with the COR.

4. The Contractor will provide all necessary safety protective equipment necessary in the loading, mixing, and spraying operations.

5. The Contractor will be required to submit written reports for each day of treatment. These reports will show areas treated, amount of herbicide used, amount of time required to treat area, weather conditions at time of application and species of weed(s) treated. A calendar schedule to supply the weekly reports will be negotiated prior to the contract period.

6. The Contractor will provide a final map and shape file of all GIS data (completed with a GPS).

Data will be collected in NAD83 datum.

7. The Contractor will provide a phone number where they can be contacted after hours (when not working on the contract).

8. Times that the work can be performed will be dependent on environmental factors such as wind speed and temperatures.

9. Contractor will clean all equipment (Weed Wash) prior to accessing & leaving the project area.

10. The contractor will have to have in possession and the contractor will have to read the Pesticide

General Permit and Pesticide Discharge Management Plan issued to the Sawtooth NF by EPA.

Project Specifications:

a. Mixing of chemicals and preparation of treatment devices will occur only on asphalt surfaces or on the main dirt roads.

b. Plants may be treated in any stage of development.

c. Areas will be inspected during and after treatment. An acceptable level of treatment will be met when all above ground noxious weed growth within the designated areas have been chemically treated with the specified herbicide. Excessive chemical application will result in a top-kill only and does not allow the plant to translocate the chemical throughout the plant.

d. All treatment practices will comply strictly with the directions on the herbicide label.

e. Spray calibration and equipment maintenance records will be provided by the contractor.

f. Adverse incidents will be reported as required by the Sawtooth NF Pesticide General Permit.

g. Attachment G of the Pesticide Discharge Management Plan will be completed by the contractor.

Minimum Requirements:

The Contractor shall have knowledge of herbicides, proper application techniques, safety precautions, noxious weed identification skills, and experience treating noxious or invasive weeds. The Contractor or designated representative will be required to hold and possess the appropriate State of Idaho Commercial Applicator License on the site during the performance of the contract and will be required to show proof of license at the request of the Contracting Officer or COR. For further information please contact The Idaho Dept. of Agriculture, PO Box 790, Boise, ID, 83701 or phone at (208) – 332-8500. The Contractor or his/her designated representative will be required to show proof of such license at the prework conference.

General Safety Information

First Aid: In case of an emergency involving any of the following please contact the designated Contracting Officer or their designated representative.

Skin Contact: Remove contaminated clothing and wash skin thoroughly with water and then with soap and water.

Eye Contact: Flush eyes with water for 10-15 minutes using an approved eye was bottle, remove contacts, do not rub eyes, transport to a physician.

Inhalation of fumes: Get into fresh air, if breathing problems, transport to a physician.

Ingestion: Do not induce vomiting; contact one of the following numbers for ingestion.

Rocky Mountain Poison Control Center @ 1800-860-0620 or 1-800-222-1222

Hazardous Materials Spills call Chemtrec @ 1-800-424-9300. Dupont @ 1-800-441-3637, or Dow @ 1-517-636-4400. MAJOR SPILLS call Division of Environmental Quality @ 1-208-373-0502.

In addition, contact the Contracting Officer’s Representative (COR) Beth Bratlie in Stanley at 208-774-3013 or Robert Garcia @ 208-774-3014/208-622-0082.

Protection:

Wear protective clothing and equipment as specified on the container label.

Mixing:

Read all label instructions prior to mixing.

Always mix in a well-lit and ventilated area, do not mix at night.

Avoid inhaling vapors.

Determine the amount of mix to be used in one day and mix only what is needed for treatment that day.

Clean-up:

Wash hands thoroughly with soap and water after handling herbicides and equipment.

Wash contaminated clothing before reuse and separately from other laundry.

To dispose of empty containers, triple rinse the container and place the container with the other solid waste going to the landfill.

Do not rinse water on the ground, instead use in the tank as part of the water for the next mix.

Spills:

Spills will be reported as stated in section of the Pesticide Discharge Management Plan Keep people away from the spill Contain the spill.

If it starts to spread, dike with soil or sand.

Contact your Contracting Officer immediately in Boise @ 208-373-4130 or the COR Zach Poff in Ketchum @ 208-622-0087.

List of Attachment/Exhibits

Attached are rules and procedures that derive from those documents. Specific guidance the contractor will need to follow include:

1. Wage Determination

2. Supervisors Office guidance regarding contractors and PGP/PDMP.

3. PGP – contractor needs to read all.

PDMP – contractor needs to read all paying close attention to:

4. Attachment G – Subcontractor Certifications/Agreements, Sec. 3 – Problem Identification, Sec. 4 – Pest

Mgmt. Options, and Sec. 5 – Response Procedures

From the Programmatic Consultation Biological Opinion from US Fish and Wildlife Service:

5. Best Management Practices, Incidental Take Statement, and Prudent Reasonable Measures/Terms

Conditions/Conservation Recommendations/Reinitiation Notice

From the Sawtooth NF Programmatic BA:

6. Additional BMPs not in the BOs, Table 8 (Herbicide Application Rates) and Table 10 (RCA Herbicide

Use Restrictions), and Appendix D – Spill Plan

7. Example 2016 Daily Log to be used by the contractor.

From the Programmatic Consultation BO from National Marine Fisheries Service:

8. Prudent Reasonable Measures/Terms Conditions/Conservation Recommendations/Reinitiating of

Consultation, Incidental take statement, Proposed Action, and Table 13 – because it is referenced in the

Terms and Conditions

9. Maps (2 Attachments)

10. Fire Precautions

FIRE PRECAUTIONS

This plan outlines the channels of responsibility for fire prevention and suppression activities and sets up an attack procedure in the event of fire within the Project Area. The Project Area is defined as that area which is in and adjacent to the project rights-of-way and work areas and all roads used in connection with the work.

I. Responsibilities

A. Contractor-Fire Suppression

1. It is understood and agreed that the Contractor will do all in his/her power to prevent and suppress fires on or adjacent to the Project Area, as stipulated in the contract.

2. Responsible for and will direct all fire activities on the project until relieved by a Forest Officer and will insure that prevention and suppression actions are in accordance with contract requirements, including this fire plan. Contractor shall delegate the next highest in authority on the job to be responsible for the above activities when he/she is not on the project.

3. In line with this agreement, individuals will be supplied from the Contractor's crews to fight fires on the project area up to the total number of individuals employed by the Contractor as they are needed by the Fire Boss. The Forest Service will make every effort to avoid calling on the Contractor for action on fires outside the contract project area except in emergencies and will call out all needed available help to control fires in the general area.

4. The Contractor insures that this Fire Plan will be complied to for the duration of the contract.

B. Forest Service District Ranger

1. Responsible for all fire activities on the Ranger District on which the contract project is located. District Ranger's representative will discuss the fire plan with the Contractor including needed equipment and action to be taken when a fire occurs. Will notify the Contractor through the Contracting Officer's Representative (COR) to take correction measures when fire requirements are in compliance.

II. Contractor's Responsibility When Fire Occurs Within the Contract Project Area

A. Immediately send the entire contract crew with tools and equipment to the fire and take initial-attack suppression action.

B. Immediately notify the nearest Forest Service Fire Control Officer or other Forest Service employee of fire location and action taken.

C. Designate a person to act as dispatcher who will handle messages and initiate action upon request until relieved.

III. Contractor Furnished Manpower, Tools, and Equipment Required on all Contracts During Fire Season

A. The Contractor shall furnish to the COR a list of manpower and equipment used on the contract on forms furnished by the Forest Service. Changes in Contractor's personnel shall be reflected in amendment to the list.

Fire Prevention

Smoking: Prohibited in the woods during the fire season, May 10 - October 20, except in areas agreed upon by the Contractor and COR. No smoking is permitted while walking or working in the woods.

Refueling Chainsaw/Soil Auger: Refueling will be confined to a six-foot diameter cleared to mineral earth. Chainsaws/soil auger spark arresters shall be U.S. Forest Service approved, and will be cleaned daily. A size "O" or larger round-pointed shovel with a minimum of a 38 ½-inch handle and a fire extinguisher shall be within 10 feet of actual point of chainsaw/soil auger operation.

Burning, Blasting, or Welding: Permit will be required and will contain special stipulations pertinent to the particular job.

Spark Arresters: All internal combustion power equipment used by the Contractor on the project shall be equipped with an approved spark arrester as set forth in the publication of the USDA Forest Service, entitled "Standard 5100-1a for Spark Arresters for Internal Combustion Engines" as amended under date of July 1970, and be listed in the most recent "Spark Arrester Guide" as having been approved as meeting above standard. They shall be cleaned regularly and maintained in satisfactory working condition. The following are exempt from the requirements of the rule: (a) turbo-charged internal combustion engines in which 100 percent of the exhaust gasses pass through a turbo-charger; (b) engines of passenger carrying vehicles and light trucks equipped with a muffler with baffles that are kept in good repair (glass packs are not an approved muffler for wildland work); (c) water pumping equipment used in firefighting.

Spark arrester shall comply with all State and Federal fire requirements.

Lunch and Warming Fires: Cooking and warming fires will not normally be permitted and then only by written permit by the COR which contains stipulations regulating use of such fires.

Hand Tools: The Contractor shall furnish one size "O" shovel (38 1/2 inch handle minimum) or larger, one axe or pulaski with 26 inch handle or larger, one 5 BC or larger rated pressurized fire extinguisher for each truck, each personal vehicle, each tractor, and each grader. For each welder he shall furnish on size "O" shovel and one backpack pump. For each gasoline power tools (power saw, soil auger, etc.), one shovel (38 1/2 inch handle minimum) and one 8 ounce or larger BC rated chemical-pressurized fire extinguisher.

Contractor shall also furnish any other equipment called for elsewhere in the contract. The shovel and fire extinguisher will be located within 10 feet of the operating chainsaw/power auger.

Storage and Parking Areas: Equipment service area, parking area, and gas and oil drum storage areas will be cleared of all flammable material for a radius of at least fifty feet. These areas must be approved in writing by the COR in advance of use. Small stationary engine sites shall be cleared of flammable material for a radius of at least five feet from such engine.

Fire Tool Box: A red fire toolbox will be required to be on each work site while work is being performed. This fire toolbox will contain sufficient tools to equip all persons engaged in Contractor's operation. Fire tools shall be used only for suppressing wildfires. Tools shall be stored in fireboxes provided by the Contractor and readily available to employees. Each toolbox shall be marked "Tools for Fire Only". The COR will inspect the fire toolbox and then seal the box.

SOLICITATION PROVISIONS

Provisions Incorporated by Reference

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

52.212-1 Instructions to Offerors - Commercial Items. (APR 2014)

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 factors shall be used to evaluate offers:

Past Performance

Price

Past Performance – Offeror shall submit a minimum of three references, who can verify relative past performance from the last three years. References listed shall include a contact name, phone number and/or email address, the project title and/or contract number and the value, length, and type of the project and error percentages from past survey data.

Past performance, when combined, are equal when compared to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Apr 2016)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

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

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled…