Solicitation package 11_0007.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

NRCS-ND-126633

BISMARCK ND 58501

P O BOX 1458

220 E ROSSER AVE, RM 278

USDA-NRCS-BISMARCK STATE OFFICE

CODE 16. ADMINISTERED BYCODE

X

X

115112

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR

NRCS-ND-126633

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/06/2011 1300 CT

05/17/2011

701 530 2010LINDA MCARTHUR

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-6633-S-11-0007

5. SOLICITATION NUMBER

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

1 2 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

BISMARCK ND 58501

P O BOX 1458

220 E ROSSER AVE, RM 278

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$7.0

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

HUBZONE SMALL

BUSINESS

EMERGING SMALL

BUSINESS

8(A)

USDA-NRCS-BISMARCK STATE OFFICE

SOLE SOURCE

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Wetlands Reserve Program (WRP) - Grass Seeding, Ditch Plugs, Obstruction Removal and Sediment Removal.

Multiple projects throughout North Dakota.

Contractor shall furnish all materials, labor, equipment and incidentals required to complete the WRP projects.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

DATED

LINDA K. MCARTHUR

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

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

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

OFFER

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS

NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 3/2005) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Site Visit: May 26, 2011, 11:00 AM, USDA Service Center

208 4th Ave. SW

Lakota, ND 58344

DUNS # _____________________

TIN # ______________________

Multiple contracts maybe awarded.

Period of Performance: 06/01/2011 to 05/31/2016

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

AG-6633-S-11-0007

i

TABLE OF CONTENTS

PAGE

SOLICITATION, OFFER AND AWARD

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 ITEMS AND PRICES

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS

(FEB 1988)

C.2 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF

WORK/SPECIFICATIONS (FEB 1988)

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

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

SECTION F - DELIVERIES OR PERFORMANCE

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

F.2 AGAR 452.211-5 PERIOD OF PERFORMANCE (FEB 1988)

F.3 AGAR 452.211-6 EFFECTIVE PERIOD OF THE CONTRACT (FEB 1988)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 NRCSAR 4I-52.232-70 DESIGNATED PAYMENT OFFICE CONTACT POINT

(SCS, AMB) (AUG 1989)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

H.2 AGAR 452.236-73 ARCHEOLOGICAL OR HISTORIC SITES (FEB 1988)

H.3 AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

(NOV 1996)

H.4 AGAR 452.236-76 SAMPLES AND CERTIFICATES (FEB 1988)

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

I.2 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

I.3 52.216-18 ORDERING (OCT 1995)

I.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.6 52.225-1 BUY AMERICA ACT – SUPPLIES (FEB 2009)

I.7 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

I.8 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—CENTRAL

CONTRACTOR REGISTRATION (OCT 2003)

I.9 52.247-5 FAMILIARIZATION WITH CONDITIONS (APR 1984)

TABLE OF CONTENTS (Continued)

AG-6633-S-11-0007

ii

PAGE

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS

OF OFFERORS

K.1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL

ITEMS (APR 2011)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED

BY REFERENCE (FEB 1998)

L.2 AGAR 452.204-70 INQUIRIES (FEB 1988)

L.3 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (JUN 2010)

L.4 52.216-1 TYPE OF CONTRACT (APR 1984)

L.5 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

L.6 52.233-2 SERVICE OF PROTEST (AUG 1996)

L.7 AGAR 452.237-71 PRE-BID/PRE-PROPOSAL CONFERENCE (FEB 1988)

SECTION M - EVALUATION FACTORS FOR AWARD

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

M.2 52.214-22 EVAULATION OF BIDS FOR MULTIPLE AWARDS (MAR 1990)

M.2 52.217-5 EVAULATION OF OPTIONS (JUL 1990)

AG-6633-S-11-0007 Section B

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 ITEMS AND PRICES

EWP/WRP WETLAND RESTORATION

Richland County, North Dakota

GAUKLER - 666633-0900NV2

EST. 122.2 Acres

BID UNIT EXTENDED

ITEM DESCRIPTION QTY UNIT PRICE PRICE

1. Mechanical Seedbed Prep 1 LS $ XXXX $ _________

2. Chemical Seedbed Prep 1 LS $ XXXX $ _________

3. Grass/Grain Drill 1 LS $ XXXX $ _________

4. Native Grass Mix 1 LS $ XXXX $ _________

5. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2011)

6. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2012)

7. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2013)

TOTAL $ ____________

NRCSAR 4I-52.214-1, Award Restrictions (August 1987, NRCS, AMB) One award for the aggregate of all items will be made under this solicitation

Richland County, North Dakota

VISLISEL - 666633-0900WQL

EST. 20 Acres

1. Mechanical Seedbed Prep 1 LS $ XXXX $ _________

2. Chemical Seedbed Prep 1 LS $ XXXX $ _________

3. Grass/Grain Drill 1 LS $ XXXX $ _________

4. Native Grass Mix 1 LS $ XXXX $ _________

5. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2011)

6. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2012)

Sargent County, North Dakota

HARFF - 666633-0900QKW

EST. 28.8 Acres

1. Mechanical Seedbed Prep 1 LS $ XXXX $ _________

2. Chemical Seedbed Prep 1 LS $ XXXX $ _________

3. Grass/Grain Drill 1 LS $ XXXX $ _________

4. Native Grass Mix 1 LS $ XXXX $ _________

5. Critical Area Planting Ind. 1 LS $ XXXX $ _________ Veg. Plug (Est. 2075 Ea.)

6. Obstruction Removal (Fence) 1 LS $ XXXX $ _________ (Est. 266 ft.)

7. Obstruction Removal (Trees) 1 LS $ XXXX $ _________ (approximately 17 trees)

8. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2011)

9. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2012)

10. Mechanical Weed Control 1 LS $ XXXX $ _________

Sargent County, North Dakota

BELL - 666633-0900VQB

EST. 45.1 Acres

1. Mechanical Seedbed Prep 1 LS $ XXXX $ _________

2. Chemical Seedbed Prep 1 LS $ XXXX $ _________

3. Grass/Grain Drill 1 LS $ XXXX $ _________

4. Native Grass Mix 1 LS $ XXXX $ _________

5. Critical Area Planting Ind. 1 LS $ XXXX $ _________ Veg. Plug (Est. 2075 Ea.)

6. Obstruction Removal (Fence) 1 LS $ XXXX $ _________ (Est. 266 ft.)

7. Obstruction Removal (Trees) 1 LS $ XXXX $ _________ (approximately 20 trees)

8. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2011)

9. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2012)

10. Mechanical Weed Control 1 LS $ XXXX $ _________

Benson County, North Dakota

HILL - 666633-0900VN2

EST. 34 Acres

1. Mechanical Seedbed Prep 1 LS $ XXXX $ _________

2. Chemical Seedbed Prep 1 LS $ XXXX $ _________

3. Grass/Grain Drill 1 LS $ XXXX $ _________

4. Native Grass Mix 1 LS $ XXXX $ _________

5. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2011)

6. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2012)

EWP/WRP WETLAND RESTORATION

Nelson County, North Dakota

GEHRIG - 666633-0900NVQ

EST. 140.3 Acres

1. Mechanical Seedbed Prep 1 LS $ XXXX $ _________

2. Chemical Seedbed Prep 1 LS $ XXXX $ _________

3. Grass/Grain Drill 1 LS $ XXXX $ _________

4. Native Grass Mix 1 LS $ XXXX $ _________

5. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2011)

6. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2012)

7. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2013)

8. Wetland Restoration (Excavation) 1 LS $ XXXX $ _________ (approximately 8385 CY)

EWP/WRP WETLAND RESTORATION

Nelson County, North Dakota

SOMDAHL - 666633-0900VRG

EST. 53.2 Acres

1. Mechanical Seedbed Prep 1 LS $ XXXX $ _________

2. Chemical Seedbed Prep 1 LS $ XXXX $ _________

3. Grass/Grain Drill 1 LS $ XXXX $ _________

4. Native Grass Mix 1 LS $ XXXX $ _________

5. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2011)

6. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2012)

EWP/WRP WETLAND RESTORATION

Pembina County, North Dakota

KOCH - 666633-0900WHO

EST. 87 Acres

1. Mechanical Seedbed Prep 1 LS $ XXXX $ _________

2. Chemical Seedbed Prep 1 LS $ XXXX $ _________

3. Grass/Grain Drill 1 LS $ XXXX $ _________

4. Native Grass Mix 1 LS $ XXXX $ _________

5. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2011)

6. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2012)

7. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2013)

8. Wetland Restoration (Ditch Plugs) 1 LS $ XXXX $ _________ (approximately 9)

EWP/WRP WETLAND RESTORATION

Pembina County, North Dakota

DEFOE - 666633-0900WJK

EST. 75.9 Acres

1. Mechanical Seedbed Prep 1 LS $ XXXX $ _________

2. Chemical Seedbed Prep 1 LS $ XXXX $ _________

3. Grass/Grain Drill 1 LS $ XXXX $ _________

4. Native Grass Mix 1 LS $ XXXX $ _________

5. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2011)

6. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2012)

7. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2013)

8. Wetland Restoration (Ditch Plugs) 1 LS $ XXXX $ _________ (approximately 5)

9. Excavation (Sediment Removal) 1 LS $ XXXX $ _________

EWP/WRP WETLAND RESTORATION

Pembina County, North Dakota

KEMPER - 666633-0900WJ9

1. Wetland Restoration (Ditch Plugs) 1 LS $ XXXX $ _________ (1 structure)

EWP/WRP WETLAND RESTORATION

Pembina County, North Dakota

JANET BILLINGS - 666633-0900WJT

1. Wetland Restoration (Ditch Plugs) 1 LS $ XXXX $ _________ (approximately 3)

EWP/WRP WETLAND RESTORATION

Pierce County, North Dakota

P&D ASSOCIATES - 666633-0900P03

EST. 45.7 Acres

1. Mechanical Seedbed Prep 1 LS $ XXXX $ _________

2. Chemical Seedbed Prep 1 LS $ XXXX $ _________

3. Grass/Grain Drill 1 LS $ XXXX $ _________

4. Native Grass Mix 1 LS $ XXXX $ _________

5. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2011)

6. Mechanical Weed Control 1 LS $ XXXX $ _________ (complete 2012)

EWP/WRP WETLAND RESTORATION

Towner County, North Dakota

GGMR Hunters - 666633-0900P2Q

1. Wetland Restoration (Ditch Plug) 1 LS $ XXXX $ _________

2. Wetland Restoration 1 LS $ XXXX $ _________ (Sediment Removal – 4 sites) (W14, W17, W18 & W20)

AG-6633-S-11-0007 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

C.2 AGAR 452.211-73 ATTACHMENTS TO STATEMENT OF WORK/SPECIFICATIONS

(FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

AG-6633-S-11-0007 Section D

SECTION D - PACKAGING AND MARKING

THERE ARE NO CLAUSES INCLUDED IN THIS SECTION

AG-6633-S-11-0007 Section E

SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES 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):

https://www.acquisition.gov/FAR

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

NUMBER TITLE DATE

52.246-4 INSPECTION OF SERVICES – FIXED PRICE AUG 1996

AG-6633-S-11-0007 Section F

SECTION F - DELIVERIES OR PERFORMANCE

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

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):

https://www.acquisition.gov/FAR/

52.211-16 VARIATION IN QUANTITY APRIL 1984

F.2 AGAR 452-211-5 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is a base year plus 4 option years.

F.3 AGAR 452.211-6 EFFECTIVE PERIOD OF THE CONTRACT (FEB 1988)

The effective period of this contract is from June 1, 2011 through May 31, 2012.

AG-6633-S-11-0007 Section G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 NRCSAR 4I-52.232-70 DESIGNATED PAYMENT OFFICE CONTACT POINT

(SCS, AMB) (AUG 1989)

The contact point described below coordinates the issuance of payments under this contract. If payment is not received within 5 days after the due date specified in the contract, contact the payment office designated below for information on when payment will be made.

Myron Steier, Budget Officer USDA-Natural Resources Conservation Service P.O. Box 1458 Bismarck, North Dakota 58502

(701) 530-2013

If questions arise on the amount paid, contact the Contracting Officer at the number or address shown in the contract.

AG-6633-S-11-0007 Section H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 AGAR 452.215-73 POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled a few days after the date of contract award. The conference will be held at:

USDA, Natural Resources Conservation Service 220 E. Rosser Ave., Room 235 Federal Building Bismarck, North Dakota 58501

H.2 AGAR 452.236-73 ARCHEOLOGICAL OR HISTORIC SITES (FEB 1988)

If a previously unidentified archeological or historic site(s) is encountered, the Contractor shall discontinue work in the general area of the site(s) and notify the Contracting Officer immediately.

H.3 AGAR 452.236-74 CONTROL OF EROSION, SEDIMENTATION, AND POLLUTION

(NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments;

or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

H.4 AGAR 452.236-76 SAMPLES AND CERTIFICATES (FEB 1988)

When required by the specifications or the Contracting Officer, samples, certificates, and test data shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting Officer or his/her designated representative. Certificates and test data shall be submitted in triplicate to show compliance of materials and construction specified in the contract performance requirements. Samples shall be submitted in duplicate by the Contractor, except as otherwise specified, to show compliance with the contract requirements. Materials or equipment for which supplies, certifications or test data are required shall not be used in the work until approved in writing by the Contracting Officer

AG-6633-S-11-0007 Section I

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, the full text of a clause may be accessed electronically at this/these address(es):

52.202-1 DEFINITIONS JUL 2004

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES SEP 2006

TO THE GOVERNMENT

52.203-7 ANTI-KICKBACK PROCEDURES OCT 2010

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997

OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR JAN 1997

IMPROPER ACTIVITY

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE OCT 2010

CERTAIN FEDERAL TRANSACTIONS

52.204-4 PRINTED/COPIED DOUBLE-SIDED ON AUG 2000

RECYCLED PAPER

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST DEC 2010

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.214-26 AUDIT AND RECORDS—SEALED BIDDING OCT 2010

52.214-27 PRICE REDUCTION FOR DEFECTIVE COST OCT 2010

OR PRICING DATA

52.214-28 SUBCONTRACTOR COST OR PRICING OCT 2010

DATA – MODIFICATIONS – SEALED BIDDING

52.214-29 ORDER OF PRECEDENCE – SEALED BIDDING JAN 1986

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS JAN 2011

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN JAN 2011

ALTERNATE 1

52.219-14 LIMITATIONS ON SUBCONTRACTING DEC 1996

52.219-16 LIQUIDATED DAMAGES – SUBCONTRACTING JAN 1999

PLAN

52.222-3 CONVICT LABOR JUN 2003

52.222-4 CONTRACT WORK HOURS AND SAFETY JUL 2005

STANDARDS ACT – OVERTIME COMPENSATION

52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999

52.222-26 EQUAL OPPORTUNITY MAR 2007

52.222-27 AFFIRMATIVE COMPLIANCE REQUIREMENTS FEB 1999

FOR CONSTRUCTION

52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS SEP 2010

AND VETERANS OF THE VIETNAM ERA

52.222-36 AFFIRMATIVE ACTION FOR WORKERS OCT 2010

WITH DISABILITIES

52.222-37 EMPLOYMENT REPORTS ON DISABLED SEP 2010

VETERANS AND VETERANS OF THE VIETNAM ERA

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER DEC 2010

THE NATINOAL LABOR RELATIONS ACT

52.222-50 COMBATING TRAFFICKING IN PERSONS FEB 2009

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION JAN 2009

52.223-6 DRUG-FREE WORKPLACE MAY 2001

52.223-14 TOXIC CHEMICAL RELEASE REPORTING AUG 2003

52.223-18 CONTRACTOR POLICY TO BAN TEXT MESSAGING SEP 2010

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN 2008

52.225-25 PROHIBITION ON ENGAGING IN SANCTIONED SEP 2010

ACTIVITIES RELATING TO IRAN - CERTIFICATION

52.227-1 AUTHORIZATION AND CONSENT DEC 2007

52.229-3 FEDERAL, STATE, AND LOCAL TAXES APR 2003

52.232-16 PROGRESS PAYMENT AUG 2010

52.232-17 INTEREST OCT 2010

52.232-23 ASSIGNMENT OF CLAIMS JAN 1986

52.233-1 DISPUTES JUL 2002

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT OCT 2004

CLAIM

52.242-13 BANKRUPTCY JUL 1995

52.243-1 CHANGES – FIXED PRICE AUG 1987

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS DEC 2010

52.246-25 LIMITATION OF LIABILITY – SERVICES FEB 1997

52.249-1 TERMINATION FOR CONVENIENCE OF THE APR 1984

GOVERNMENT (FIXED PRICE) (SHORT FORM)

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 52.204-7 CENTRAL CONTRACTOR REGISTRATION. (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to

(A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

I.3 52.216-18 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 USDA/NRCS through 05/31/2016.

(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.

I.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 05/31/2016.

I.5 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 15 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 months.

I.6 52.225-1 BUY AMERICAN ACT – SUPPLIES (FEB 2009)

a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item”—

(1) Means 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 section 3 of the Shipping Act of 1984 (

46 U.S.C. App. 1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into an end product.

“Cost of components” means—

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.

“Domestic end product” means—

(1) An unmanufactured end product mined or produced in the United States;

(2) An end product manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or

(ii) The end product is a COTS item.

“End product” means those articles, materials, and supplies to be acquired under the contract for public use.

“Foreign end product” means an end product other than a domestic end product.

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

(b) The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for an end product that is a COTS item (See 12.505(a)(1)).

(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.

(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled “Buy American Act Certificate.”

I.7 AGAR 452.228-71 INSURANCE COVERAGE (NOV 1996)

Pursuant to FAR clause 52.228-5, Insurance-Work on a Government Installation (JAN 1997), the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. (1) The Contractor shall have bodily injury liability coverage written on a comprehensive form of policy of at least $500,000 per occurrence.

(2) The Contractor shall have property damage liability insurance shall be required in the amount of $500,000 per occurrence.

(c) Automobile Liability. The Contractor shall have automobile liability insurance written on a comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage or loss.

(d) Aircraft Public and Passenger Liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance.

Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger injury. Coverage for passenger injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

I.8 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--

CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

(a) Method of payment.

(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT) except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either--

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause).

(b) Contractor’s EFT information. The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. If the Contractor’s EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for--

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and--

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (j) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information provided by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address in the CCR database.

I.9 52.247-5 FAMILIARIZATION WITH CONDITIONS (APR 1984)

The offeror shall become familiar with all available information regarding difficulties that may be encountered and the conditions, including safety precautions, under which the work must be accomplished under the contract. The offeror shall not be relieved from assuming all responsibility for properly estimating the difficulties and the cost of performing the services required in this contract because the offeror failed to investigate the conditions or to become acquainted with all information concerning the services to be performed.

AG-6633-S-11-0007 Part II - Section J

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

ATTACHMENT TITLE NO. OF

NO. PAGES

1 NRCS Safety Supplement to OSHA Parts 7 1910 and 1926

2 Wage Rates 4

3 Specifications:

Spec 327 – Conservation Cover 2 Spec 500 – Obstruction Removal 2 Spec 595 – Pest Management 3 Spec 644 – Wetland Wildlife Habitat Management 11 Spec 645 – Upland Wildlife Habitat Management 28 Spec 657 – Wetland Restoration 7 Herbaceous Vegetation Establishment Guide 21

4. Landowner’s Informational Packets

AG-6633-S-11-0007 Section K

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

K.1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS

(APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) 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.

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 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.

“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 operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at

38 U.S.C. 101(2)) 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 veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), 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.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed…