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Grass mowing/trimming on Mount Rogers NRA in VA
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AG-3395-S-15-0008
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COMMERCIAL ITEMS

AG-3395-S-15-0008

GRASS MOWING/TRIMMING

MOUNT ROGERS NRA

COMMERCIAL ITEMS

AG-3395-S-15-0008

GRASS MOWING/TRIMMING

MOUNT ROGERS NRA

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
1. REQUISITION NUMBER
PAGE 1 OF 46

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

2. CONTRACT NO.
3. AWARD/EFFECTIVE
4. ORDER NUMBER
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE
DATE
AG-3395-S-15-0008
DATE

3/06/2015

a. NAME
b. TELEPHONE NUMBER(No collect
8. OFFER DUE DATE/
7. FOR SOLICITATION
Sherry D. Helmick
calls)
LOCAL TIME

INFORMATION CALL:

540-265-5112
3/31/15 @ 2:00 pm
9. ISSUED BY CODE
10. THIS ACQUISITON IS

FORMCHECKBOX

UNRESTRICTED OR FORMCHECKBOX

SET ASIDE: 100 % FOR

USDA Forest Service George Washington & Jefferson NFs 5162 Valleypointe Parkway

Roanoke VA 24019-3050

FORMCHECKBOX

SMALL BUSINESS FORMCHECKBOX

Women Owned Small

BUSINESS (WOSB)

FORMCHECKBOX

HUBZONE SMALL FORMCHECKBOX

Economically Disadvantaged

Women-Owned Small Business (EDWOSB)

FORMCHECKBOX

SERVICE-DISABLED VETERAN- FORMCHECKBOX

8(A) NAICS: 561730

OWNED SMALL BUSINESS

Size Standard:7.5 Million

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

FORMCHECKBOX

SEE SCHEDULE

12. DISCOUNT TERMS
FORMCHECKBOX

13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING

14. METHOD OF SOLICITATION

FORMCHECKBOX

RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

same as 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE same as 9

TELEPHONE N0.

FORMCHECKBOX

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER
IS CHECKED

FORMCHECKBOX

SEE ADDENDUM

19.
20.
21.
22.
23.
24.
ITEM N0.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Contractor shall furnish all labor, supervision, transportation, equipment and supplies to perform mowing services at various locations on the Mount Rogers NRA of the George Washington & Jefferson NFs in accordance with the specifications, terms and conditions of this solicitation.

SEE SCHEDULE OF ITEMS AND

SUBMIT PRICING ON PAGES 2-8

25. ACCOUNTING AND APPROPRIATION DATA

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

FORMCHECKBOX

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

ARE NOT ATTACHED

FORMCHECKBOX

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

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ______1_________
FORMCHECKBOX

29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
DATED .. YOUR OFFER ON SOLICITATION
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: ____________________

30a. SIGNATURE OF OFFEROR/CONTRACTOR
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print)
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (REV.3/2011)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA ‑ FAR (48 CFR) 53.212

PART 1 – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

GRASS MOWING/TRIMMING MOUNT ROGERS NRA

Please note: Acreages for each area are only estimated. Interested bidders are highly encouraged to attend the pre-bid showing due to features that may affect work and complexity of some of the sites.

Item

No.

Supplies/Services

Qty Unit Price

Amount

BASE YEAR - April 2015 through September 2015

1.

A. Hurricane Campground

EA

(est. 4 acres)

B. Raccoon Campground

(est. 3 acres)

C. Fox Creek Horse Camp

2.

A. Green Cove Station

(est. 1 acre)

B. Whitetop Station and parking lot

EA

(est. 2 acres)

C. Elk Garden Trailhead

3.

A. Raven Cliff Recreation Area

(est. 6 acres)

B. Collins Cove Horse Camp

C. Stony Fork Campground, Dump Station

EA

& Water Treatment Plant

D. Hussy Mtn Horse Camp

E. Big Walker Byway Pullouts

F. Sunrise Cabin

(est. ½ acre)

4.

A. Beartree Road

(est. 1 mile)

B. Overlook on Rt. 600

(est. 2.0 acres)

*The allowable range of dates to begin mowing in April is during week of April 13-17, 2015 except for Stony Fork Campground which will be mowed week of April 6-10, 2015 and week of April 20-24, 2015. The last week of mowing will be done during week of Sept 14-18, 2015. Mowing for each area is to be done as shown on schedule unless changes made by COR due to weather or unforeseen circumstances. However, total mowings for each area cannot exceed original amount shown on contract.

Contractor must have previous knowledge and experience in ground maintenance and mowing services and must have equipment needed in the performance of this contract.

Documentation of qualifications and experience is required. Please return the Experience and Qualifications Questionnaire with your quote.

Award could be made on an individual line item basis if advantageous to the Government, see FAR Provision 52.214-22, Evaluation of Bids for Multiple Awards. Contractors may quote on one line item or all line items; however, offerors must quote on all areas within each line item and on both the base and option years of the line item for which they wish to be considered.

AWARD WILL BE MADE FOR THE INITIAL CONTRACT PERIOD. IF THE GOVERNMENT EXERCISES ITS OPTION TO RENEW, AWARD WILL BE MADE ON OPTION YEARS IN ACCORDANCE WITH FAR PROVISION 52.217-5, EVALUATION OF OPTIONS AND CLAUSE 52.217-9, OPTION TO EXTEND THE TERMS OF THE CONTRACT.

Award(s) will be made to the offeror(s) with the Best Value to the government. The evaluation factors are listed in FAR provision 52.212-2 on page 29.

A pre-quote information meeting/site visit is scheduled on Wednesday, March 18, 2015 at 9:00 am. Meet at the Mount Rogers NRA office located at 3417 Highway 16, Marion VA, 24354. For additional information or directions you may call 276-783-5196. Please call this office to confirm the meeting due to possible weather issues.

Offerors are highly encouraged to attend the information meeting and visit the areas to view current conditions and the complexity of some of the sites to be mowed.

Item

Price

Amount

OPTION YEAR 1 - April 2016 through September 2016

EA

EA

Item

Price

Amount

OPTION YEAR 2 - April 2017 through September 2017

EA

EA

Continuation of SF1449 Block 27: The full text of a clause or provision may be accessed electronically at www.acquisition.gov/far/

ADDITIONAL INFORMATION AND INSTRUCTIONS

IMPORTANT NOTICE TO OFFERORS

SAM (System for Award Management): In order to be eligible for an award, potential contractors must comply with all requirements of FAR Clause 52.204-99, System for Award Management Registration.

All offerors must submit the following information:

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER: ___________________________

FEDERAL TAX IDENTIFICATION NUMBER: ___________________________________________

ARE YOU REGISTERED IN SAM? [ ] YES [ ] NO

HAVE YOU COMPLETED REPRESENTATIONS AND CERTIFICATIONS IN SAM?

[ ] YES [ ] NO

INSTRUCTIONS TO OFFERORS

The following shall be returned with your quotation to be determined responsive:

1. Contractor’s Proposal Package which includes the following:

a. SF-1449 (page 1)

b. Schedule (page 2-8)

c. Additional Information and Instructions (page 9)

d. Representations and Certifications (14 pages; Pages 30-43) (if contractor has completed Representation and Certifications online and does not need to make any changes to their online Reps and Certs for this solicitation, you may complete paragraph b(2) on page 33 and return only that page).

e. AGAR 452.209-70 Representation By Corporations Regarding An Unpaid Delinquent Tax Liability Or A Felony Conviction (page 44)

f. Experience Questionnaire, (pages 45-46).

1. Contractor Remittance Address: All payments by the government to the contractor under this contract will be made in accordance with Electronic Funds Transfer (EFT) methods referenced in this solicitation. All required information must be in the System for Award Management (SAM) at https://www.acquisition.gov. To check on payments once a contract has been awarded, contact the Miscellaneous Payments Section of National Finance Center at 1-800-421-0323.

2. Invoices: Invoices must be submitted thru the Invoice Processing Platform at www.ipp.gov. Invoices shall be submitted monthly after service is performed, no advance payments will be authorized.

3. Payments: In accordance with the Prompt Payment Act, payment will be due 30 days after receipt of supplies/services or receipt of proper invoice; whichever is later. If payment is not received within 5 working days following the due date, notify the Contracting Officer’s Representative or Contracting Officer.

Contractors are encouraged to contact PAYMENT INQUIRY at the National Finance Center (800) 421-0323 concerning status of past due invoices.

SPECIFICATIONS

C.1 SCOPE OF CONTRACT

Description of Work: The intent of this contract is to secure services for mowing and trimming of grass, weeds and tree and brush sprouts at various locations on the Mount Rogers NRA. The contractor shall provide all labor, tools, equipment, fuel, supervision, transportation, materials and supplies necessary to perform the services as listed below and as described herein.

· Mowings are scheduled so that mowing service is completed the week before holidays.

· Contractor is allowed to mow during daylight hours five days a week, exclusive of Saturdays and Sundays. Also excluded from mowing days are Fridays and Mondays of holiday weekends (Memorial Day, Independence Day and Labor Day).

· Depending on weather, these stipulations could change; however, changes must be approved by the Forest Service Contracting Officer’s Representative (COR) in advance.

2015 Mowing Schedule

A
B
C
D
E
F
G
H
Map ID
District
Area
Location*
Approx. Acres to be Mowed
Features That May Affect Work

and Complexity of the Site Monthly Mowing Schedule for 2015 Total Number of Mowings

1a.
Mt. Rogers
Hurricane

Campground Route 16 South of Sugar Grove, VA

4
Campsites, picnic tables, grills, bathhouses,creek,

entrance field of intersection of SR650 and SR16 4/13 - 4/17

5/04 – 5/08

5/17 – 5/22

6/08 – 6/12

6/22 – 6/26

7/06 - 7/10

7/20 – 7/24

8/03 – 8/07

8/17 – 8/21

9/01 – 9/04

9/14 – 9/18

1b.

Mt. Rogers
Raccoon

Campground Route 16 South of Sugar Grove, VA

3
Campsites, picnic tables, grills, bathroom, creek

4/13 - 4/17

5/04 – 5/08

5/17 – 5/22

6/08 – 6/12

6/22 – 6/26

7/06 - 7/10

7/20 – 7/24

8/03 – 8/07

8/17 – 8/21

1c.
Mt. Rogers
Fox Creek

Horse Camp Off VA 603

West of Troutdale, VA

4
Hitching rails, picnic tables, fire rings, road through campground, portable toilets, trash containers, creek
4/13 - 4/17

5/04 – 5/08

5/17 – 5/22

6/08 – 6/12

6/22 – 6/26

7/06 - 7/10

7/20 – 7/24

8/03 – 8/07

8/17 – 8/21

2a.
Mt. Rogers
Green Cove

Station VA 600, West of

Whitetop, VA

1
Visitor Center, parking lot, toilet building, Virginia Creeper Trail
4/13 - 4/17

5/04 – 5/08

5/17 – 5/22

6/08 – 6/12

6/22 – 6/26

7/06 - 7/10

7/20 – 7/24

8/03 – 8/07

8/17 – 8/21

2b.
Mt. Rogers
Whitetop Station and Parking Lot
VA 755 South of Whitetop, VA
2
Visitor Center, parking lot, toilet building
4/13 - 4/17

5/04 – 5/08

5/17 – 5/22

6/08 – 6/12

6/22 – 6/26

7/06 - 7/10

7/20 – 7/24

8/03 – 8/07

8/17 – 8/21

2c.
Mt. Rogers
Elk Garden Trailhead
VA 600 at Smyth/Grayson Line
1
Parking lot, bulleting board, toilet building
5/17 – 5/22

6/22 – 6/26

7/20 – 7/24

3a.
Mt. Rogers
Raven Cliff

Rec Area VA 619 East of

Speedwell, VA

6
Campsites, picnic tables, shelter, grills, toilets, river

Mowing includes 5’ on each side of the center line of the trail to the Iron Furnace and completely around the Iron Furnace itself. Mow 10’ from the edge of the road at the entrance fields.

4/13 - 4/17

5/04 – 5/08

5/17 – 5/22

6/08 – 6/12

6/22 – 6/26

7/06 - 7/10

7/20 – 7/24

8/03 – 8/07

8/17 – 8/21

3b.
Mt. Rogers
Collins Cove

Horse Camp

VA 643 East of Cripple Creek
3
Entrance fields, hitching rails/posts, toilets, and all fenced-in cleared areas.
4/13 - 4/17

5/04 – 5/08

5/17 – 5/22

6/08 – 6/12

6/22 – 6/26

7/06 - 7/10

7/20 – 7/24

8/03 – 8/07

8/17 – 8/21

3c.
Mt. Rogers
Stony Fork

Campground

Dump Station and Water Treatment Plant

Rt 717, Northwest of Wytheville, VA
4
Campsites, picnic tables, fire rings, road through campground, cabin, bathhouses, creek
4/6 – 4/10

4/20 – 4/24

5/04 – 5/08

5/17 – 5/22

6/08 – 6/12

6/22 – 6/26

7/06 - 7/10

7/20 – 7/24

8/03 – 8/07

8/17 – 8/21

Stony Fork has one extra mowing in April and one less mowing in September than other areas.

3d.
Mt. Rogers
Hussy Mtn Horse Camp
Off US 21 South of Wytheville, VA (on FS Rd 14)
1
Hitching rails, picnic tables, fire rings, toilet building, trash containers, creek
4/6 – 4/10

4/20 – 4/24

5/04 – 5/08

5/17 – 5/22

6/08 – 6/12

6/22 – 6/26

7/06 - 7/10

7/20 – 7/24

8/03 – 8/07

3e.
Mt. Rogers
Big Walker Byway Pullouts
Off SR 717, Northwest of Wytheville, VA
1
Parking lots, signs
4/20 – 4/24

5/04 – 5/08

5/17 – 5/22

6/08 – 6/12

6/22 - 6/26

7/20 – 7/24

3f.
Mt. Rogers
Sunrise Cabin
Cha-Cha Ridge Road off VA 94 South of Wytheville, VA
1/2
Cabin, fence around yard
4/20 – 4/24

5/04 – 5/08

5/17 – 5/22

6/08 – 6/12

6/22 – 6/26

7/20 – 7/24

8/17 – 8/21

9/14 – 9/18

4a.
Mt. Rogers
Beartree Road
Hwy 58 East of Damascus, VA
1
Road from Hwy 58 to gatehouse in campground
4/20 – 4/24

5/04 – 5/08

5/17 – 5/22

6/08 – 6/12

6/22 – 6/26

7/20 – 7/24

4b.
Mt. Rogers
Overlook on

Rt. 600

Off Rt. 600 South of Chilhowie, VA
2.0
Parking lot, fence, trees and posts
4/20 – 4/24

5/04 – 5/08

5/17 – 5/22

6/08 – 6/12

6/22 – 6/26

7/20 – 7/24

8/17 – 8/21

PREWORK CONFERENCE: Prior to commencement of work, the Contracting Officer (CO) or Contracting Officer’s Representative (COR) will arrange a meeting with the Contractor to discuss the contract terms and work performance requirements.

Prior to commencement of work, preferably at the prework conference, the Contractor shall designate in writing a person to act for him in his absence. The Contractor or the designated representative shall be on the job whenever work is in progress.

In the absence of the Contractor, the authorized representative will take action as required to keep the job in progress under the terms of the contract. The presence of the contractor’s Representative or Contracting Officer’s Representative on the job will not relieve the Contractor of responsibility for satisfactory performance.

DAMAGE TO PROPERTY: The Contractor shall be responsible for any damage caused by his/her personnel or equipment to any existing structures, private or public. Damaged items shall be repaired or replaced by the contractor at no additional cost to the Government.

In the event of interruption to utility service, the Contractor shall promptly notify the proper authority and shall cooperate with the authority in the restoration of service.

POLLUTION AND EROSION CONTROL: During all operations under this contract, the contractor shall take appropriate measures to prevent soil erosion and pollution of water and other resources. All refuse, including garbage, rubbish, and solid or liquid wastes from the Contractor’s operations, shall be disposed of in State approved landfills.

DIVISION 200-TECHNICAL SPECIFICATIONS

210-MOWING AND TRIMMING REQUIREMENTS: Mowing shall consist of cutting vegetation to a height of not more than three (3) inches from the ground, ensuring that no strips of uncut vegetation remain.

211-Mowing equipment must be operated in a manner that will prevent tractor wheels or mower from tearing out turf on turns. Mowing will not be permitted when ground is so wet as to cause wheel rutting.

212-Trimming shall consist of cutting vegetation to a height of not more three (3) inches around buildings, signs, fence posts, other posts, trees, shrubs, culverts, walks, roads and any other manmade object that protrudes above the ground line to such height as to prevent passage of larger mowing equipment over them without damage to the equipment or object.

Work in these areas shall be accomplished in a manner that will preserve and encourage the growth of grasses, and chopping vegetation at or below ground level will not be permitted.

Mowing work is not complete until trimming around buildings, site furnishings, signs, posts, fences and other facilities is complete. All trimming will take place at the time of mowing.

213- Road banks and parking spurs will be mowed from edge of road to toe of fill and top of cut. Fences adjacent to hardened areas, such as paved or gravel roads, parking areas and walkways, will be mowed from edge of hardened area to five feet behind the widest point of fence. Contractor shall mow ditch lines through the bottom of ditches. Contractor shall mow and trim road-side approaches to areas within 1,000 feet of entrance signs.

214- Contractor shall remove the cut grass from all roads, sidewalks, paths, parking areas, and all camping units including under tables. Ground maintenance shall include keeping areas free of trash and/or litter. Trash and litter may be placed in dumpsters located in the campgrounds. Fallen limbs and loose rocks will be picked up and scattered in wooded areas at least 50 feet from disturbed sites or removed off-site.

215- The Contractor shall be responsible for damage caused by mowing/trimming activities to buildings, picnic tables, camper hookups, fireplaces, drinking fountains, signs, guard posts, hitching posts, rails, trees, shrubs, culverts, vehicles, private property and other natural and man-made features within the areas. Damaged items shall be replaced at Contractor’s expense.

220-CONTRACT PERFORMANCE

221-Contractor will be allowed to perform work five (5) days a week exclusive of Saturdays and Sundays. Also excluded from mowing days are Fridays and Mondays of holiday weekends (Memorial Day, Labor Day and Independence Day). Depending on weather, this stipulation could change; however, changes must be approved by the Forest Service Contracting Officers Representative (COR) in advance.

222-Mowing shall be performed during the times specified in above schedule unless changes are made by the the Contracting Officer’s Representative (COR). The contractor shall notify the COR if issues arise that will prevent adherence to the schedule.

230-USE OF EQUIPMENT

231-All equipment proposed for use in performance of the work shall be of the size, type, and in such condition to properly pursue the requirements of the contract. All mowers and trimmers will be equipped with safety guards and spark arrestors. If at any time during the course of this contract any equipment is deemed unsatisfactory, the Contracting Officer may order removal and may require a satisfactory replacement at Contractor’s expense.

240-QUALITY ASSURANCE PLAN AND GOVERNMENT REMEDIES

241-The government will periodically evaluate the contractor’s performance by appointing a Contracting Officers Representative (COR) to monitor performance to ensure services are received. The government representative will evaluate the contractor’s performance through inspections of the contractor’s work and receipt of complaints. If the Government inspections indicate that work is not performed in accordance with contract specifications, the COR will immediately notify the Contractor in writing and order rework and improvement in the quality of work. Failure to conform to specifications may result in decreased payment or may be grounds for contract termination in accordance with FAR 52.212-4(m).

DIVISION 300-MEASUREMENT AND PAYMENT

310-PAYMENT: Contractor shall be paid monthly at the unit price quoted for services performed and accepted by the Contracting Officer’s Representative.

Invoices must be submitted electronically at www.ipp.gov

Biobased Products Requirements: The Contractor must comply with the Farm Security and Rural Investment Act of 2002 (FSRIA), 7 U.S.C. 8102; the Food, Conservation and Energy Act of 2008 (FCEA), 7 U.S.C. 8102; the Federal Acquisition Regulation; Executive Order (EO) 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009; EO 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” dated January 24, 2007; and Presidential Memorandum, “Driving Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product Procurement,” dated February, 2012 to provide biobased products.

All supplies and materials shall be of a type and quantity that conform to applicable Federal specifications and standards, and to the extent feasible and reasonable; include the exclusive use of biobased products. The contractor shall utilize the greatest number of biobased products available that meet applicable health and environmental specifications.

The following is a list of categories for products that may be required for performance of lawn maintenance services.

2 Cycle Engine Oil

Gear Lubricants

Greases

Multipurpose Lubricants

Hydraulic Fluids

Multipurpose Grease

Chain and Cable Lubricants

Penetrating Lubricants

For more information regarding the Department of Agriculture Biobased Affirmative Procurement Program go to http://www.biopreferred.gov

CONTRACT CLAUSES

FAR 52.204-7 System for Award Management (JUL 2013)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (DEC 2014)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (DEC 2014)

(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 (Dec 2014)

(2) 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)).

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

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

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

[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 (Apr 2010) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (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).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (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]

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

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 2014) of 52.219-9.

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

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

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

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

XX (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 Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

XX (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

XX (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 (Jul 2014) (38 U.S.C. 4212).

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

__ (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (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.)

__ (34)(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.)

__ (35)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O. 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-13.

__ (36)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514).

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

__ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (38)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O. 13423 and 13514).

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

XX (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (40) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

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

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

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

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

__ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (43) 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).

__ (44) 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).

__ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (49) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (50) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (53)(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.]

XX (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 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).

__ (4) 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).

__ (5) 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).

__ (6) 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).

__ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

__ (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

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

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

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

(viii) 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.

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

(x) 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)).

(xi) 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).

(xii) 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).

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 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).

(xv) 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.

(xvi) 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.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(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.

FAR 52.214-22 Evaluation of Bids for Multiple Awards (MAR 1990)

FAR 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 3 years and 6 months.

52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class
Monetary Wage—Fringe Benefits
Laborer GS-04
$13.68 per hour + fringes

FAR 52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2014)

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, 2015. 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, 2015, 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.

FAR 52.237-2 Protection of Government Buildings, Equipment and Vegetation (APR 1984)

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS ALT 1 (DEVIATION 2012-01) (FEB 2012)

(a) This award is subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it 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 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, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 433 or 434.

CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

Wage Determination No. 2005-2499, Revision No. 16, Dated 12/22/14

4 Pages

(for locations in Grayson, Smyth and Washington Counties)

Wage Determination No. 2005-2547, Revision No. 16, Dated 12/22/14

4 Pages

(for locations in Wythe County)

Wage Determination No. 2005-2547, Revision No. 16, Dated 12/22/14

4 Pages

(for locations in Carroll County)

Maps

5 Pages

SOLICITATION PROVISIONS

FAR 52.223-1 Biobased Product Certification (MAY 2012)

As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

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

FAR 52.212-2 Evaluation – Commercial Items (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Past Performance/Experience – Past experience performing this type of work, quality of work, timeliness and reliability.

Green Plan – Products that meet USDA recommendations for biopreferred products.

Price – Lowest price which is technically acceptable.

Past performance/experience and Green Plan, when combined, are equal to price in the award decision.

An excellent rating under past performance would be achieved if quoter has completed three projects of similar complexity and size as this project in the last 3 years and the quality of work on all projects is rated highly by all customers contacted. If no past performance information is provided this evaluation factor may be considered deficient. If quoter has no past performance related to janitorial work, they may list other types of work to exemplify their past performance.

The Contractor shall submit with their initial quote a complete list of Biobased products, indicating the name of the manufacturer and the intended use of each of the materials that are to be used in carrying out the requirements of the contract.

(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.

52.212-3 Offeror Representations and Certifications—Commercial Items (DEC 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website 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 (p) 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 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

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

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

(1) Means a small business concern—

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

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and…

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