AG-4D90-S-16-0004_DRAFT.pdf

ARCHITECT-ENGINEER CONTRACT

1. CONTRACT NO.

2. DATE OF CONTRACT

3b. TELEPHONE NO. (Include Area code)3a. NAME OF ARCHITECT-ENGINEER

3c. ADDRESS OF ARCHITECT-ENGINEER (Include ZIP Code)

4a. DEPARTMENT OR AGENCY AND ADDRESS (Include ZIP Code)

5. PROJECT TITLE AND LOCATION

6. CONTRACT FOR (General description of services to be provided)

7. CONTRACT AMOUNT (Express in words and figures)

8. NEGOTIATION AUTHORITY

9. ADMINISTRATIVE, APPROPRIATION, AND ACCOUNTING DATA

NSN 7540-00-181-8326

PREVIOUS EDITION NOT USABLE

STANDARD FORM 252 (REV. 10-83)

Prescribed by GSA - FAR (48 CFR) 53.236-2(a)

NRCS-HQ-124D90,USDA-NRCS CONTRACTING TEAM 4

1400 INDEPENDENCE AVENUE SE, ROOM 6801-S

WASHINGTON DC 20250

USDA-NRCS MONTANA LAND SURVEY ID/IQ

USDA-NRCS MONTANA STATE OFFICE

Reference: “USDA-NRCS Delivery Order XXXX”

ATTN: EASEMENT OFFICER

10 EAST BABCOCK STREET

ROOM 443

The USDA Natural Resources Conservation Service (NRCS) is seeking submittals "Request for Qualifications" of Standard Form 330 "Architect and Engineer Qualifications" for an Indefinite Delivery Indefinite Quantity (IDIQ) contract utilizing firm fixed price task orders for Land Surveys for NRCS Easement Programs within the State of Michigan. This acquisition is being conducted in accordance with the Brooks Acts, FAR Subpart 36.6 (Architect- Engineering Services) and is being set aside for small business. The designated industry group for this acquisition is NAICS code 541370 [Surveying and Mapping (except Geophysical) Services] which has a size standard of $15 million.

SCOPE: The Government will select up to three top-ranked firm to award an IDIQ contract. The estimated start date for this contract is January 15, 2016. The contract will include one (1) base year and four (4) option year periods. The price of any single task order shall be at least $3,500.00, but shall not exceed $75,000.00. The maximum aggregate amount for each contract period (base year and each option year) shall be $500,000.00. The guaranteed minimum is $0 for the base period only. There is no guaranteed minimum for the option periods, if exercised.

-$0- ZERO DOLLARS, OBLIGATION OF FUNDS BY INDIVIDUAL DELIVERY ORDERS

FAR Subpart 36.6 (Architect-Engineering Services)

ADMNITRATION: PER INDIVIDUAL DELIVERY ORDER

APPROPRIATION: PER INDIVIDUAL DELIVERY ORDER

ACCOUNTIN DATA: PER INDIVIDUAL DELIVERY ORDER

DRAFT

10. The United States of America (called the Government) represented by the Contracting Officer executing this contract, and the Architect-Engineer agree to perform this contract in strict accordance with the clauses and the documents identified as follows, all of which are made a part of this contract:

If the parties to this contract are comprised of more than one legal entity, each entity shall be jointly and severally liable under this contract.

The parties hereto have executed this contract as of the date recorded in Item 2.

SIGNATURES NAMES AND TITLES (Typed)

11. ARCHITECT-ENGINEER OR OTHER PROFESSIONAL SERVICES CONTRACTOR

A

B

C

D

12. THE UNITED STATES OF AMERICA

Contracting Officer

STANDARD FORM 252 (REV. 10-83) BACK

SEE ATTACHED DOCUMENTS

SOLICITATION/CONTRACT 1. THIS CONTRACT IS A RATED

5. SOLICITATION TYPE2. CONTRACT NO. 4. SOLICITATION NUMBER

PAGE OF PAGES

7. ISSUED BY CODE 8. THIS ACQUISITION IS

BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27

RATING

ORDER UNDER DPAS (15 CRF 350)

3. AWARD/

EFFECTIVE DATE ISSUE DATE

6. SOLICITATION

UNRESTRICTED

SET ASIDE

SMALL BUSINESS

OTHER

COMBINED SMALL BUSINESS AND

LABOR SURPLUS AREA CONCERNS

LABOR SURPLUS AREA CONCERNS

SIC:

SIZE STANDARD:

9. (AGENCY USE)

NO COLLECT CALLS

10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)

SUPPLIES SERVICES

11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN

DAYS (60 CALENDAR DAYS UNLESS OFFEROR INSERTS A DIFFERENT

PERIOD) FROM THE DATE SET FORTH IN BLK 9 ABOVE, THE CONTRACTOR

AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS SOLICITED

HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE

TERMS AND CONDITIONS STATED HEREIN.

CODE 12. ADMINISTERED BY

13. CONTRACTOR/ FACILITY 14. PAYMENT WILL BE MADE BY CODE CODE

OFFEROR CODE

TELEPHONE NO.

DUNS NO.

CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK:

15. PROMPT PAY DISCOUNT 16. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. 2304 (C) ( 41 U.S.C. 253 (C) (

NEGOTIATED BID (RFP)

SEALED BID (IFB)

1 4

01/08/2016

NRCS-HQ-124D90

USDA-NRCS CONTRACTING TEAM 4

1400 INDEPENDENCE AVENUE, SW

ROOM 6801-S

WASHINGTON DC 20250

USDA-NRCS-NORTH CAROLINA STATE OFFI

4407 BLAND ROAD

SUITE 117

RALEIGH NC 27609

NRCS-NC-124532

100.00

541330

% FOR

CALENDAR

x x x x

NRCS-HQ-124D90

USDA-NRCS MONTANA LAND SURVEY ID/IQ

$15.0

AG-4D90-S-16-0004

17.

ITEM NO.

18.

SCHEDULE OF SUPPLIES/SERVICES

19.

QUANTITY

20.

UNIT

21.

UNIT PRICE

22.

AMOUNT

The USDA Natural Resources Conservation Service

(NRCS) is seeking submittals

"Request for Qualifications" of Standard Form 330

"Architect and Engineer Qualifications" for an

Indefinite Delivery Indefinite Quantity (IDIQ) contract utilizing firm fixed price task orders for Land Surveys for NRCS Easement Programs within the State of MONTANA. This acquisition is

Continued ...

27. SIGNATURE OF OFFEROR/CONTACTOR 28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

NAME AND TITLE OF SIGNER (TYPE OR PRINT) DATE SIGNED NAME OF CONTRACTING OFFICER (TYPE OR PRINT) DATE SIGNED

25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION

NUMBER SHOWN IN BLOCK 4, INCLUDING ANY ADDITIONS OR

CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS

TO ITEMS:

23. ACCOUNTING AND APPROPRIATION DATA 24. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

STEVEN ALVES

NSN 7540-01-218-4386 1447-101 STANDARD FORM 1447 (Rev. 5-88)

Prescribed by GSA

FAR (48 CFR) 53.215-1(g)

TYPE OR PRINT NAME AND TITLE OF SIGNER

SIGNATURENAME AND ADDRESS OF FIRM (Include ZIP Code)

WE DO NOT, DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENTS OF THE TYPE OF ITEM(S) INVOLVED.WE DO

DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEMS INVOLVED

CANNOT MEET DELIVERY REQUIREMENT

OTHER (Specify)

UNABLE TO IDENTIFY THE ITEM(S)

CANNOT COMPLY WITH SPECIFICATIONS

PAGE

NO RESPONSE FOR REASONS CHECKED

4 2 OF

DATE AND LOCAL TIME

AFFIX

STAMP

HERE

TO:

FROM:

SOLICITATION NO.

WASHINGTON DC 20250

NRCS-HQ-124D90

USDA-NRCS CONTRACTING TEAM 4

1400 INDEPENDENCE AVENUE, SW

ROOM 6801-S

NRCS-HQ-124D90

SF 1447 (5-88) BACK

AG-4D90-S-16-0004

(A)

ITEM NO.

(B)

SUPPLIES/SERVICES

(C)

QUANTITY

(D)

UNIT

(E)

UNIT PRICE

(F)

AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-4D90-S-16-0004

being conducted in accordance with the Brooks

Acts, FAR Subpart 36.6 (Architect-Engineering

Services) and is being set aside for small business. The designated industry group for this acquisition is NAICS code 541370 [Surveying and

Mapping (except Geophysical) Services] which has a size standard of $15 million.

FOB: Destination

Period of Performance: 03/01/2016 to 02/28/2017

001 BASE YEAR: MAR 2016 - FEB 2017, MONTANA ACEP WRE

Surveys

Product/Service Code: R404

Product/Service Description: SUPPORT-

PROFESSIONAL: LAND SURVEYS-CADASTRAL

(NON-CONSTRUCTION)

002 OPTION YEAR ONE: MAR 2017 - FEB 2018, MONTANA

ACEP WRE Surveys

(Option Line Item)

01/01/2018

Product/Service Code: R404

Product/Service Description: SUPPORT-

PROFESSIONAL: LAND SURVEYS-CADASTRAL

(NON-CONSTRUCTION)

003 OPTION YEAR TWO: MAR 2018 - FEB 2019, MONTANA

ACEP WRE Surveys

(Option Line Item)

01/01/2019

Product/Service Code: R404

Product/Service Description: SUPPORT-

PROFESSIONAL: LAND SURVEYS-CADASTRAL

(NON-CONSTRUCTION)

004 OPTION YEAR THREE: MAR 2019 - FEB 2020, MONTANA

ACEP WRE Surveys

(Option Line Item)

01/01/2020

Product/Service Code: R404

Product/Service Description: SUPPORT-

PROFESSIONAL: LAND SURVEYS-CADASTRAL

(NON-CONSTRUCTION)

Continued ...

NSN 7540-01-218-4386 Standard Form 1447 (5-88)

Sponsored by GSA

FAR (48 CFR) 53.2151 (g)

(A)

ITEM NO.

(B)

SUPPLIES/SERVICES

(C)

QUANTITY

(D)

UNIT

(E)

UNIT PRICE

(F)

AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

AG-4D90-S-16-0004

005 OPTION YEAR FOUR: MAR 2020 - FEB 2021, MONTANA

ACEP WRE Surveys

(Option Line Item)

01/01/2021

Product/Service Code: R404

Product/Service Description: SUPPORT-

PROFESSIONAL: LAND SURVEYS-CADASTRAL

(NON-CONSTRUCTION)

NSN 7540-01-218-4386 Standard Form 1447 (5-88)

Sponsored by GSA

FAR (48 CFR) 53.2151 (g)

Solicitation No. DRAFT REVIEW

USDA-NRCS MONTANA ID/IQ SURVEY SERVICES

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D - PACKAGING AND MARKING

D.1 452.247-70 DELIVERY LOCATION (Feb 1988)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

E.2 452.246-70 Inspection and Acceptance. (Feb 1988)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S AUTHORITY

G.2 CONTRACTING OFFICER’S REPRESENTATIVE

G.4 INVOICE PAYMENT PLATFORM (IPP)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

K.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.209-5 -- Certification Regarding Responsibility Matters 52.209-7 – Information Regarding Responsibility Matters 52.219-1 -- Small Business Program Representations 52.219-2 -- Equal Low Bids 52.222-22 -- Previous Contracts and Compliance Reports

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

L.2 52.216-1 TYPE OF CONTRACT (APR 1984)

L.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.4 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

L.5 AGAR 452.204-70 INQUIRIES (FEB 1988)

L.6 AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (SEP 2001)

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 FAR 36.602 -- Selection of Firms for Architect-Engineer Contracts

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

The USDA Natural Resources Conservation Service (NRCS) is seeking submittals

"Request for Qualifications" of Standard Form 330 "Architect and Engineer Qualifications" for an

Indefinite Delivery Indefinite Quantity (IDIQ) contract utilizing firm fixed price task orders for Land

Surveys for NRCS Easement Programs within the State of MONTANA. This acquisition is being conducted in accordance with the Brooks Acts, FAR Subpart 36.6 (Architect-Engineering

Services) and is being set aside for small business. The designated industry group for this acquisition is

NAICS code 541370 [Surveying and Mapping (except Geophysical) Services] which has a size standard of $15 million.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

DESCRIPTION OF WORK: The surveyor must be a licensed land surveyor in the State of

Montana. The Surveyor will provide a boundary survey of the easement area which meets the requirement of the attached Specification/Scope of Work.

SELECTION CRITERIA: Firms which meet the requirements described are invited to submit one electronic Standard Form 330, Architect-Engineer Qualifications completing both Part 1 and II). Firms who have recently completed an SF330 must resubmit to the contractor officer at:

Steven J Alves, Contracting Officer

Acquisitions Division, Contracting NSDT 3

4407 Bland Road, Suite 117, Raleigh, NC 27609

919-873-2115 / Steven.alves@wdc.usda.gov

Office Hours: 0730 -1600 MST mailto:Steven.alves@wdc.usda.gov

SECTION D - PACKAGING AND MARKING

D.1 452.247-70 DELIVERY LOCATION (Feb 1988)

DELIVERY LOCATION (FEB 1988)

Shipment of reports, shall be to:

USDA-NRCS MONTANA STATE OFFICE

Reference: “USDA-NRCS Delivery Order XXXX”

ATTN: EASEMENT OFFICER

10 EAST BABCOCK STREET

ROOM 443

BOZEMAN, MT 59715

(End of Clause)

SECTION E - INSPECTION AND ACCEPTANCE

E.1 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://www.acquisition.gov/far/index.html

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.246-4 Inspection of Services -- Fixed-Price Aug 1996

E.2 452.246-70 Inspection and Acceptance. (Feb 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed by:

USDA-NRCS MONTANA STATE OFFICE

ATTN: Contracting Officers Technical Representative (COTR) EASEMENT OFFICER

10 EAST BABCOCK STREET

ROOM 443

BOZEMAN, MT 59715

(End of clause) http://www.arnet.gov/far/

SECTION F - DELIVERIES OR PERFORMANCE

F.1 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, 52.242-15 Stop-Work Order Aug 1989

52.247-34 F.o.b. Destination Nov 1991

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer (CO) is the only person authorized to approve changes in any of the requirements of this contract. This authority remains solely with the CO. In the event that the Contractor effects any change at the direction of any person other than the CO, the change will be considered to have been made without authority and NO adjustment will be made in the contract price to cover any INCREASE in costs incurred as a result thereof.

G.2 CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (COR) is an individual designated in writing by the Contracting Officer (CO) to act as an authorized representative of the CO to perform specific contract administrative functions within the scope and limitations as defined by the CO. The COR does not have the authority to modify the contract. Any subsequent change to the COR or COR responsibilities will be confirmed, in writing, by the CO. In no instance shall the COR be delegated authority to order any change in the Contractor’s performance which would affect cost.

G.4 INVOICE PAYMENT PLATFORM (IPP)

IPP usage requirement from NRCSPOP MP 4I-32.905

“Electronic Invoicing and Payment Requirements – Invoice Payment Platform (IPP)”

Invoices must be submitted electronically through the U.S. Department of the Treasury’s Invoice Payment Platform System (IPP) or the Contractor must be willing to accept payment by Government purchase card.

The Contractor must use the IPP website (https://www.ipp.gov) to register, access, and use IPP for submitting invoices. Contractor assistance with enrollment can be obtained by calling (866) 973-3131.

Invoices submitted by means other than IPP will not be accepted unless the Contracting Officer authorizes alternate procedures in writing. The written authorization from the Contracting Officer shall be maintained in the contract file.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Payment Schedule of Values Invoice Certification https://www.ipp.gov/

SECTION H - SPECIAL CONTRACT REQUIREMENTS

AGAR 452.224-70 Confidentiality of Information. (Feb 1988)

AGAR 452.228-71 Insurance Coverage. (Nov 1996)

AGAR 452.236-73 Archaeological or Historic Sites. (Feb 1988)

AGAR 452.236-76 Samples and Certificates. (Feb 1988)

AGAR 452.237-75 Restrictions against Disclosure. (Feb 1988)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 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, 52.202-1 Definitions. (Nov 2013) 52.203-3 Gratuities. (Apr 1984) 52.203-6 Restrictions on Subcontractor Sales to the Government. (Sep 2006) 52.203-7 Anti-Kickback Procedures. (May 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (May 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (May 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (Oct 2010) 52.203-13 Contractor Code of Business Ethics and Conduct. (Oct 2015) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Oct 2015) 52.204-12 Data Universal Numbering System Number Maintenance. (Dec 2012) 52.204-13 System for Award Management Maintenance. (Jul 2013)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (Nov 2015) 52.215-2 Audit and Records—Negotiation. (Oct 2010) 52.215-8 Order of Precedence—Uniform Contract Format. (Oct 1997) 52.217-8 Option to Extend Services. (Nov 1999) 52.219-6 Notice of Total Small Business Set-Aside. Nov 2011) 52.222-3 Convict Labor. (Jun 2003) 52.222-21 Prohibition of Segregated Facilities. (Apr 2015) 52.222-26 Equal Opportunity. (Apr 2015) 52.222-37 Employment Reports on Veterans. (Oct 2015) 52.222-41 Service Contract Labor Standards. (May 2014)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts). (May 2014)

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment. (May 2014)

52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) 52.223-6 Drug-Free Workplace. (May 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.224-1 Privacy Act Notification. (Apr 1984)

52.224-2 Privacy Act. (Apr 1984) 52.229-3 Federal, State, and Local Taxes. (Feb 2013) 52.232-1 Payments. (Apr 1984) 52.232-8 Discounts for Prompt Payment. (Feb 2002) 52.232-10 Payments under Fixed-Price Architect-Engineer Contracts. (Apr 2010) 52.232-16 Progress Payments. Alternate I (Mar 2000) 52.232-23 Assignment of Claims. (May 2014) 52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts. (Jul 2013) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management. (Jul 2013) 52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013) 52.233-1 Disputes. (May 2014) 52.233-3 Protest after Award. (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (Oct 2004) 52.236-2 Differing Site Conditions. (Apr 1984) 52.236-3 Site Investigation and Conditions Affecting the Work. (Apr 1984) 52.236-7 Permits and Responsibilities. (Nov 1991)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (Apr 1984)

52.236-13 Accident Prevention. Alternate I (Nov 1991) 52.236-23 Responsibility of the Architect-Engineer Contractor. (Apr 1984) 52.236-24 Work Oversight in Architect-Engineer Contracts. (Apr 1984) 52.242-13 Bankruptcy. (Jul 1995) 52.243-1 Changes—Fixed Price. Alternate III (Apr 1984) 52.246-25 Limitation of Liability—Services. (Feb 1997) 52.247-5 Familiarization with Conditions. (Apr 1984) 52.249-4 Termination for Convenience of the Government (Services) (Short Form). (Apr 1984) 52.249-7 Termination (Fixed-Price Architect-Engineer). (Apr 1984) 52.252-2 Clauses Incorporated by Reference. (Feb 1998) 52.252-4 Alterations in Contract. (Apr 1984) 52.253-1 Computer Generated Forms. (Jan 1991)

452.209-71 Assurance Regarding Felony Conviction or Tax Delinquent Status for Corporate Applicants. (Deviation 2012-01) (Feb 2012)

I.8 AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX

DELINQUENT STATUS FOR CORPORATION APPLICANTS (Deviation 2012-01) (FEB 2012)

This award is subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, Sections 738 and 739 regarding corporate felony convictions and corporate federal tax delinquencies.

Accordingly, by accepting this award the contractor acknowledges that it –

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

Has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

If the awardee fails to comply with these provisions, the USDA-Natural Resources Conservation Service, may terminate this contractor default and may recover any funds the awardee has received in violation of sections 738 or 739.

52.216-18 – Ordering.

Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through last option period exercised.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 -- Order Limitations.

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $25,000;

(2) Any order for a combination of items in excess of $75,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

52.217-8 -- Option to Extend Services.

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.

(End of Clause)

52.217-9 -- Option to Extend the Term of the Contract.

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 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60/5 (months) (years).

(End of Clause)

52.222-35 -- Equal Opportunity for Veterans.

Equal Opportunity for Veterans (Oct 2015)

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

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings.

(End of Clause)

52.222-36 – Equal Opportunity for Workers With Disabilities.

Equal Opportunity for Workers With Disabilities (Jul 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

52.222-42 -- Statement of Equivalent Rates for Federal Hires.

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

(End of Clause)

52.222-50 -- Combating Trafficking in Persons.

Combating Trafficking in Persons (Mar 2015)

(a) Definitions. As used in this clause—

“Agent” means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

“Coercion” means—

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.

“Commercially available off-the-shelf (COTS) item” means--

(1) Any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

“Forced labor” means knowingly providing or obtaining the labor or services of a person—

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

“Involuntary servitude” includes a condition of servitude induced by means of—

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

“Severe forms of trafficking in persons” means—

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not—

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)

(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees recruitment fees;

(7)

(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that--

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is--

(A) Legally permitted to remain in the country of employment and who chooses to do so; or

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons.

The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards;

or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor shall—

(1) Notify its employees of—

(i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification.

(1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of—

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203- 13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in—

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

(g) Full cooperation.

(1) The Contractor shall, at a minimum—

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not—

(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;

(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights;

or

(iii) Restrict the Contractor from—

(A) Conducting an internal investigation; or

(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

(h) Compliance plan.

(1) This paragraph (h) applies to any portion of the contract that—

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(ii) Has an estimated value that exceeds $500,000.

(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate—

(i) To the size and complexity of the contract; and

(ii) To the nature and scope of the activities to be performed for the Government, including the number of non-United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

(3) Minimum requirements. The compliance plan must include, at a minimum, the following:

(i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1- 844-888-FREE and its email address at help@befree.org.

(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host-country legal requirements or explains any variance.

(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.

(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

(4) Posting.

(i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

http://www.state.gov/j/tip/ mailto:help@befree.org

(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.

(5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that—

(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

(ii) After having conducted due diligence, either—

(A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or

(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions.

(i) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that—

(A) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(B) Has an estimated value that exceeds $500,000.

(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h) (5) of this clause.

(End of clause)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

ATT

NUMBER TITLE Pages VERSION/DATE

001 NRCS Easement Program – Land Survey Specifications 8 NA

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

K.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Sep 2007

52.204-17 Ownership or Control of Offeror Nov 2014

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations— Representation. (Nov 2015)

52.222-38 Compliance with Veterans’ Employment Reporting Requirements. (Sep 2010)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications Dec 2012

52.209-5 -- Certification Regarding Responsibility Matters.

Certification Regarding Responsibility Matters (Oct 2015)

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing.