W912ES18T0036_Amnd_2_conformed_copy_extend_closing.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES18T0036 13-Feb-2018

b. TELEPHONE NUMBER

651-290-5407

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 09 Mar 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912ES9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TERRY G ZENKER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81G6780244542

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE PINE 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CROSS LAKE DAM

CORRINE HODAPP

CROSS LAKE RECREATION AREA

35507 COUNTY ROAD 66

CROSS LAKE MN 56442-0036

TEL: 715-775-5562 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

561730

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF79

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912ES18T0036

Section SF 1449 - CONTINUATION SHEET

NOTES TO QUOTER

INSTRUCTIONS TO QUOTERS

Please provide all of the following with your quote and send your quote via email (preferred) to Terry.g.zenker@usace.army.mil or via mail to:

U.S. Army Corps of Engineers Attn: Contracting Division (Terry Zenker) 180 5th Street East, STE 700 St. Paul, MN 55101

1. Acknowledgement of all amendments (if applicable).

2. A signed and dated Standard Form (SF) 1449 (page 1) with pricing for all line items and a total price. Pricing is per Seasonal clean-up services (Spring and Fall) and per eachmowing and trimming service. Incomplete pricing schedules may be rejected.

3. A completed Commercial Experience Questionnaire (Attachment A).

4. A completed Past Performance Questionnaire (Attachment B).

5. A completed provision 52.212-3, Alt. I, “Offeror Representations and Certifications-Commercial Items”. If you are registered in SAM, have an active account, and the information is current, you are NOT required to fill out the provision.

6. Your CAGE code, DUNS number and Tax Identification Number (TIN).

7. Contact information for the individual submitting the quote.

Offers will be evaluated by Lowest Price Technically Acceptable (LPTA) using simplified acquisition procedures of FAR 13.106-2. The following factors will be used to evaluate quotes:

price and technically acceptable. To be technically acceptable, the offeror must have a minimum of 2 years of commercial lawn/grounds maintenance service experience along with availability of commercial lawn mowing equipment and satisfactory relevant past performance.

NOTE: IAW FAR 29.3-State and Local Taxes and pursuant to Title 4 of the USC 104-107, the Government is exempt from paying local and state taxes.

Exempt Tax Identification Number is: 62-1642142.

Prospective offerors are required to supply a DUNS number (obtained from Duns and Bradstreet at 1-800-335-0505 or on their website). After receipt of the DUNS number, offerors must register in System for Award Management (SAM) system via the Internet at https://www.sam.gov. Contracts will not be awarded to offerors who are not registered. The SAM help desk number is 1-866-606-8220. Once you are registered with SAM, you will receive a Trading Partner Identification Number (TPIN) and issued a Commercial and Government Entity (CAGE) code. The CAGE code and an active SAM account are required before contract award. The SAM registration process could take up to three weeks.

Quotes must be received prior to the deadline posted on the solicitation notice on FedBizOpps (www.fbo.gov). Quotes received after the deadline will be considered late, and (with limited exceptions) will not be considered

SCOPE OF WORK

PERFORMANCE WORK STATEMENT

SECTION C

DESCRIPTION/SPECS/PERFORMANCE WORK STATEMENT

MOWING SERVICES & DIKE MAINTENANCE

CROSS LAKE RECREATION AREA

C-1. GENERAL

C-1.1. Scope of Work. The work to be performed under this contract consists of furnishing all plant, materials, equipment, supplies, labor and transportation and performing all work as required by the SCHEDULE, Section B of the contract, in strict accordance with the specifications and drawings, all of which are made part hereof.

All work materials and services not expressly called for in the specifications or shown on the drawings but which are necessary for completion of the contract requirements shall be performed and furnished by the Contractor at no increase in cost to the Government.

C-1.2. Services and Supplies. The Contractor shall furnish mowing and trimming services, dike maintenance, and grounds cleanup services for Cross Lake Recreation Area. Areas one and two that require mowing and trimming (service areas) are color coded yellow and green on the first attached site map, Appendix C, and have their own written specifications that are shown later in this section. Area three (10 Dikes) Appendix D requiring dike maintenance services is shown on the second map and has separate specifications that are shown later in this section. Optional Service Area Leaf Removal Areas four (4=purple), five (5=red) and six (6=orange), Appendix E, are shown on the third map and has separate specifications that are shown later in this section. The quoted price shall be per each lawn maintenance service provided for each area defined and described in this Statement of Work.

C-1.3.Daily Work Logs. The Contractor Quality Control Supervisor shall verbally report to the site office in person or by telephone (651-290-5793) at the start of each day when work will be performed, reporting the work planned for that day. In addition, the contractor shall complete a written daily work log at the end of each and furnish the log to the Supervisory Park Ranger. The log shall indicate the location of work performed for the day, hours of on duty work time for each employee and the type of work performed.

C-1.4. Payment. Payment will be made monthly during the contract period for each mowing/dike maintenance performed during that month. The contractor shall submit a monthly invoice that itemizes each mowing with the corresponding unit cost, and the total for each Service Area. Charges on the monthly invoice shall match the work logs.

C-1.5. Description and Location. Cross Lake Recreation Area is a Corps of Engineers managed recreation area that includes heavily utilized facilities including a dam, campground, boat ramps, picnic areas, beaches, playgrounds, etc. It is located adjacent to the town of Crosslake, Minnesota in Crow Wing County.

C-1.6. Contract Period. The contract term is for one base year plus four (4) option years.

C-1.7. Suspension of Work. The Contractor may be instructed to suspend a portion of, or all work due to wet conditions, extended periods of dry weather, construction activities or safety hazards. During any period of work suspension the contractor will not be paid.

C-1.8.Damage to Government Buildings, Equipment, and Vegetation. The Contractor shall be responsible for notifying the Supervisory Park Ranger of any apparent damage to Government buildings, equipment, vegetation and natural features that are related to the work under this contract. Notification shall be in writing and furnished to the Supervisory Park Ranger within 24 hours of each discovery of damage.

C-1.9. Safety. All work shall be performed in accordance with the Corps of Engineers Safety and Health Manual, EM-385-1-1.To obtain a copy of this manual please visit: http://140.194.76.129/publications/eng-manuals/EM_385- 1-1_languages/EM_385-1-1English 2008/toc.html

C-1.10.Orientation. Prior to the start of work, the Government will provide an orientation to the Contractor and their personnel which will include discussion of contract requirements, facility inventory, safety considerations, administration, and a tour of the entire recreation area and perimeter dikes.

C-1.11.Security. The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall be responsible for reporting all acts of vandalism, larceny, or pilferage to the Supervisory Park Ranger.

C.1.12. Lost and Found. Any items found on Government property shall be turned in to a Corps employee.

C.1.13.Contractor Equipment. The contractor shall not store any equipment or supplies on site.

C.1.14. Keys. The Contractor will be furnished a set of keys to those buildings and areas where access is necessary to perform the work described herein or as determined to be necessary by the Supervisory Park Ranger. The Contractor or the Contractor's employees are not authorized to make duplicate keys. The Supervisory Park Ranger will furnish any additional keys required by the Contractor. The security of the keys shall be the responsibility of the Contractor. Lost keys shall be reported to the Supervisory Park Ranger immediately.

C-2. PERSONNEL.

C-2.1. Qualifications. The Contractor shall be responsible for ensuring that all Contractor employees (workers) utilized in performing the work of this contract be physically and emotionally qualified for performing the duties to which each is assigned.

C-2.2. Foreman/Quality Control Supervisor. The Contractor shall act as, or designate and provide a foreman / quality control supervisor on site whenever the work specified herein is being performed. The supervisor shall conduct overall management coordination and be the central point of contact with the Government for performance of work under this contract. The Supervisor or any individual designated to act for them, shall have full authority to contractually commit the Contractor for prompt action on matters pertaining to administration of this contract. The supervisor shall deal directly with the Supervisory Park Ranger for normal day to day administration of the contract provisions.

C-2.3. Uniforms. The Contractor shall furnish each employee with a uniform consisting of unaltered shirts with collars or t-shirts and long pants, or coveralls, and steel toed shoes. Uniforms shall be of the same color and style and shall display the company name. Uniforms shall be clean, neat, and presentable to the maximum extent possible.

C-2.4. Conduct. The Contractor shall be responsible for maintaining satisfactory standards of employee competence, conduct, appearance, integrity, and sobriety, and for taking such disciplinary action with respect to employees as may be necessary.

Possession or indication of use of illegal substances by a Contract employee shall result in the employee's immediate removal and replacement. The overall appearance and conduct of Corps of Engineers employees shall serve as a standard for the Contractor.

C-2.5. Employee Removal. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee which the Contracting Officer deems incompetent, careless, or otherwise objectionable. Examples of actions requiring dismissal include, but are not limited to the following: consumption of alcoholic beverages or intoxicants while on duty, cursing, harassment of visitors, unauthorized reservation of campsites, unwarranted physical contact with visitors or Corps personnel, recurring written and/or verbal complaints from visitors on employee's attitude, lack of cooperation and resistance to implementation of policies and programs as directed by the Supervisory Park Ranger. Any such removal may be permanent. The Contractor shall be required to effect this direction immediately and without expense to the Government. Any such action under this section shall not relieve the Contractor from any and all responsibilities specified under this Contract including, but not limited to, timeliness and quality of performance.

C-3. MOWING AND TRIMMING & DIKE MAINTENANCE SPECIFICATIONS.

C-3.1. General. The service areas requiring mowing and trimming and dike maintenance have been maintained in previous years. The contractor will be able to easily determine areas that are maintained versus areas that are left un-mowed and un-maintained. Boundaries will be discussed during the orientation session as described earlier in this section. All work shall be conducted in a prudent manner to protect the grass, turf, trees, shrubs, and fixtures in the areas, and to insure the safety of all persons and property around the mowing and dike maintenance operations. All soft and damp areas that could be rutted by heavy equipment shall be mowed with light weight push mowers or string trimmers. Mowing and trimming covers approximately 4 acres in Area One and 11 acres in Area Two. The ten perimeter dikes in Area Three require approximately 20 acres of dike maintenance and will be maintained twice per year.

C-3.2. Policing of Grounds Prior to Cutting. All areas shall be policed and debris shall be removed and properly disposed of prior to mowing. Any debris or litter struck by a mower and scattered shall be picked up upon completion of an area and disposed of properly.

C-3.3. Mowing Time Limitations. Mowing & trimming operations shall be performed between the hours of 8:30am and 5:00pm only. Mowing shall not be performed in camping or day use areas on Saturdays, Sundays or Federal Holidays. Deviation from this schedule is prohibited without prior approval from the Supervisory Park Ranger.

Dike maintenance operations may be performed on weekends and for extended hours with prior approval from the Supervisory Park Ranger. Mowing in Areas one and two shall be scheduled to insure each service area is at its best possible condition within the scope of work requirements for public use on weekends between and including The Memorial and Labor Day Holidays.

C-3.4. Grass Clippings.

C-3.4.1 General. Grass clippings may be uniformly distributed over mowed & maintained areas and left for mulch but shall not be windrowed or deposited in piles or clumps. Grass collected by bagging or raking shall be disposed of on-site in a location provided by the Supervisory Park Ranger.

C-3.4.2 Sidewalks and Paved Surfaces. Grass clippings and trimmings shall be immediately removed from sidewalks and paved surfaces to prevent foot tracking into park facilities.

C-3.5. Use of Herbicides and Growth Retarders is prohibited.

C-3.6. Trimming. All objects within Areas one and two must be trimmed around the same day it is mowed and shall be accomplished to match the height and appearance of the surrounding mowed grass. These objects include but are not limited to trees, shrubs, flower beds, fences, picnic tables, grills, playground equipment, buildings, structures, posts, walls, culverts, valves, etc. Trimming operations shall be considered a part of grass cutting and be accomplished concurrently with grass cutting operations. Grass cutting will not be considered complete until all trimming operations are accomplished. Trimming operations shall not damage trees and shrubs. Grassy areas, trees, shrubs, etc. , which are killed or damaged as a result of the Contractor's work shall be repaired or replaced by the Contractor at no cost to the Government.

C-3.7. Leaf Removal (Optional Service). All leaf material including small branches and pine needles shall be removed from any specified developed area by either blowing or removing by mechanized equipment. All debris shall be removed from the recreation area. The Corps of Engineers will not provide a disposal site for vegetative debris. Developed areas consists of but not limited to: previous mowed areas, campsites, roadways, parking lots, ditches, sidewalks and playgrounds. This line item shall only be exercised at the discretion of the Contracting Officer, and shall typically be performed once during the spring and once during the fall.

C-3.7.1 Leaf Removal (Optional Service) Work Time Limitations. Spring Cleanup of areas 4,5 & 6 will be completed during 01-APR to 15-MAY.

Operations during spring cleanup will be allowed 7 days per week during day-light hours during April, but will need to be scheduled with the Supervisory Park Ranger during any work periods in May due to camping visitation. Fall Cleanup of areas 4,5 & 6 will be completed during 16-OCT to 30-NOV. Operations during fall cleanup will be allowed 7 days per week during day-light hours during the month of November, but will need to be scheduled with the Supervisory Park Ranger during any work periods in October due to camping visitation.

C-3.8. Service Area One (Yellow) Specifications. Grass shall be cut to a minimum height of two (2) inches, and a maximum height of three (3) inches.

Mowing will commence when in excess of five (5) inches as directed by the Supervisory Park Ranger. There may be a total of up to 12 complete mowing’s per contract period. Each mowing will be scheduled at the Governments direction. Trimming will be accomplished as part of the mowing operation.

C-3.9. Service Area Two (Green) Specifications. Grass shall be cut to a minimum height of two (2) inches, and a maximum height of three (3) inches. Mowing will commence when in excess of five (5) inches as directed by the Supervisory Park Ranger. There may be a total of up to 17 complete mowing’s per contract period. Each mowing will be scheduled at the Governments direction.

Trimming will be accomplished as part of the mowing operation.

C-3.10. Service Area Three (10 Dikes) Specifications. Grass, weeds and woody material shall be cut to minimum height of two (2) inches and a maximum height of four (inches). Any downed or damaged trees should be brought to the attention of the Supervisory Park Ranger. Each mowing will be scheduled at the Governments direction. Dikes will be mowed, brushed and maintained twice per year once in May or early June and o n c e in September after the Labor Day weekend.

C-3.11. Optional Service Area 4 (Purple). Remove leaf material according to paragraph 3.7.

C-3.12. Optional Service Area 5 (Red). Remove leaf material according to

C-3.13. Optional Service Area 6 (Orange). Remove leaf material according to

C-4. CONTRACT PERFORMANCE

C-4.1.Acceptance of Work. In accordance with the inspection of services provisions of the contract, clause 52.212-4(a) Inspection / Acceptance, the Contractor shall provide services in a timely manner. The Government may require the Contractor, at no additional cost, to replace or correct work that fails to meet contract requirements.

When unacceptable performance occurs, the Contracting Officer will inform the Contractor.

This will normally be in writing unless circumstances necessitate verbal communication.

When the Contracting Officer determines formal written communication is required, a Contract Discrepancy Report (CDR) will be given to the contractor.

The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the Contracting Officer. The response statement shall identify causes for failure to perform, and identify ways to prevent future occurrences of the same performance failures. The Contracting Officer will assess the need for further action, based on past performance and written plan for future incident prevention.

Failure to perform required services in a timely manner may result in payment reduction. Any CDRs may become a part of the supporting documentation for contract payment deductions or other actions deemed necessary by the Contracting Officer.

C-4. CONTACT INFORMATION AND SITE VISITS.

C-4.1. Contact Information. Contractors are encouraged to inspect the recreation area and perimeter dikes before bidding. For questions or to schedule a site visit contact:

Corrine Hodapp Telephone: 651-290-5793 E-mail: corrine.k.hodapp@usace.army.mil

US Army Corps of Engineers, Cross Lake Recreation Area 35507 County Road 66; PO Box 36 Crosslake, MN 56442-0036

Bio-based The United States Department of Agriculture (USDA) designates certain biobased products for federal procurement and specifies minimum biobased content levels for those products. Any designated product that is being offered or supplied under this contract shall meet USDA BioPreferred’s minimum biobased content level. Visit the BioPreferred web site for the complete list of designated products and the associated minimum biobased content level requirements.

Appendix C Areas One (Yellow) & Two (Green)

Appendix E Leaf Removal (Optional Service) Area 4 (Purple), 5 (Red), 6(orange)

CONTRACTOR QUESTIONNAIRE

CONTRACTOR QUESTIONNAIRE

SOLICITATION NUMBER: ___________________________________

PROJECT TITLE: __________________________________________________

PLEASE COMPLETE ALL REQUESTED INFORMATION

Name: _______________________________________________________ Company name: ________________________________________________ Street Address: _____________________________________________________ City: ____________________________ State: ________ Zip: _________ Phone number: ___________________________________________ DUNS: _________________________________ CAGE Code: ______________

Will you be performing this Work?

_____ Yes (list experience) _____ Yes, with help of Subcontractor (Please list experience of your firm and Subcontractor)

Employee / Subcontractor’s Name: ___________________________________________ ** FAR 52.219-14 requires that at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

Number of Employees who will be working on this contract:

Full Time: _____________ Part Time: ___________ Seasonal: ___________

List of Commercial grounds keeping equipment owned by Prime contractor:

List of Commercial grounds keeping equipment owned by subcontractor:

Do you and/or your Subcontractor have Commercial Groundskeeping Experience?

________ Yes Years: ____________ Months: __________

_________ No

EXPERIENCE #1

Self or Subcontractor? ___________________________________________

Job Title: _____________________________________________________

Date work performed: __________________________________________

Reference name: _______________________________________________

Reference Telephone Number: ___________________________________ Additional Information:

EXPERIENCE #2

Self or Subcontractor? ___________________________________________ Job Title: _____________________________________________________

Date work performed: __________________________________________

Reference name: _______________________________________________

Reference Telephone Number: ___________________________________

Additional Information:

EXPERIENCE #3

Self or Subcontractor? __________________________________________ Job Title: _____________________________________________________

Date work performed: __________________________________________

Reference name: _______________________________________________

Reference Telephone Number: ___________________________________

Additional Information:

Please return this questionnaire sheet along with your Quote.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Spring Cleanup Area 4 BASE YR

FFP

Spring Cleanup of area 4 (Purple). Base year on-site performance period 01-APR 18 to 15-MAY 18. All work to be performed in strict accordance with the specifications stated on the SOW.

FOB: Destination

MILSTRIP: W81G6780244542

PURCHASE REQUEST NUMBER: W81G6780244542

NET AMT

0002 1 Each Spring Cleanup Area 5 BASE YR

FFP

Spring Cleanup of area 5 (Red). Base year on-site performance period 01-APR 18 to 15-MAY 18. All work to be performed in strict accordance with the specifications stated on the SOW.

FOB: Destination

0003 1 Each Spring Cleanup Area 6 BASE YR

FFP

Spring Cleanup of area 5 (Orange). Base year on-site performance period 01-APR 18 to 15-MAY 18. All work to be performed in strict accordance with the specifications stated on the SOW.

0004 12 Each Mowing/Trimming Services Area 1 BASE YR

FFP

Cross Lake Recreation Area grass mowing & trimming services of area 1 (Yellow). Base year on-site performance period 01-May 18 to 15-Oct 18. All work to be performed in strict accordance with the specifications stated on the SOW.

0005 17 Each Mowing/Trimming Services Area 2 BASE YR

FFP

Cross Lake Recreation Area grass mowing & trimming services of area 2 (Green).

Base year on-site performance period 01-May 18 to 15-Oct 18. All work to be performed in strict accordance with the specifications stated on the SOW.

0006 2 Each Mowing/Trimming Services Area 3 BASE YR

FFP

Cross Lake Recreation Area grass mowing & trimming services of area 3 (DIKES). Base year on-site performance period 01-May 18 to 15-Oct 18. All work to be performed in strict accordance with the specifications stated on the SOW.

0007 1 Each Fall Cleanup Area 4 BASE YR

FFP

Fall Cleanup of area 4 (Purple). Base year on-site performance period 16 Oct 18 to 30 Nov 18. All work to be performed in strict accordance with the specifications stated on the SOW.

0008 1 Each Fall Cleanup Area 5 Base YR

FFP

Fall Cleanup of area 5 (Red). Base Year on-site performance period 16 Oct 18 to 30 Nov 18. All work to be performed in strict accordance with the specifications stated on the SOW.

0009 1 Each FAll Cleanup Area 6 BASE YR

FFP

Fall Cleanup of area 6 (Orange). Base year on-site performance period 16 Oct 18 to 30 Nov 18. All work to be performed in strict accordance with the specifications stated on the SOW.

1001 1 Each OPTION Spring Cleanup Area 4 Optn YR 1

FFP

Spring Cleanup of area 4 (Purple). Option year 1 on-site performance period 01- APR 19 to 15-MAY 19. All work to be performed in strict accordance with the specifications stated on the SOW.

1002 1 Each OPTION Spring Cleanup Area 5 Option YR 1

FFP

Spring Cleanup of area 5 (Red). Option year 1 on-site performance period 01-APR 19 to 15-MAY 19. All work to be performed in strict accordance with the specifications stated on the SOW.

1003 1 Each OPTION Spring Cleanup Area 6 Option Yr 1

FFP

Spring Cleanup of area 5 (Orange). Option year 1 on-site performance period 01- APR 19 to 15-MAY 19. All work to be performed in strict accordance with the specifications stated on the SOW.

1004 12 Each OPTION Mowing/Trimming Svc Area 1 Opt YR 1

FFP

Cross Lake Recreation Area grass mowing & trimming services of area 1 (Yellow). Option year 1 on-site performance period 01-May 19 to 15-Oct 19. All work to be performed in strict accordance with the specifications stated on the

SOW.

1005 17 Each OPTION Mowing/Trimming Svc Area 2 Opt YR 1

FFP

Cross Lake Recreation Area grass mowing & trimming services of area 2 (Green).

Option year 1 on-site performance period 01-May 19 to 15-Oct 19. All work to be performed in strict accordance with the specifications stated on the SOW.

1006 2 Each OPTION Mowing/Trimming Svc Area 3 Option YR 1

FFP

Cross Lake Recreation Area grass mowing & trimming services of area 3 (DIKES). Option year 1 on-site performance period 01-May 19 to 15-Oct 19. All work to be performed in strict accordance with the specifications stated on the

SOW.

1007 1 Each OPTION Fall Cleanup Area 4 Option YR 1

FFP

Fall Cleanup of area 4 (Purple). Option year 1 on-site performance period 16 Oct 19 to 30 Nov 19. All work to be performed in strict accordance with the specifications stated on the SOW.

1008 1 Each OPTION Fall Cleanup Area 5 Option YR 1

FFP

Fall Cleanup of area 5 (Red). Base Year on-site performance period 16 Oct 19 to 30 Nov 19. All work to be performed in strict accordance with the specifications stated on the SOW.

1009 1 Each OPTION FAll Cleanup Area 6 Option YR 1

FFP

Fall Cleanup of area 6 (Orange). Option year 1 on-site performance period 16 Oct 19 to 30 Nov 19. All work to be performed in strict accordance with the specifications stated on the SOW.

2001 1 Each OPTION Spring Cleanup Area 4 Optn YR 2

FFP

Spring Cleanup of area 4 (Purple). Option year 2 on-site performance period 01- APR 20 to 15-MAY 20. All work to be performed in strict accordance with the specifications stated on the SOW.

2002 1 Each OPTION Spring Cleanup Area 5 Option YR 2

FFP

Spring Cleanup of area 5 (Red). Option year 2 on-site performance period 01-APR 20 to 15-MAY 20. All work to be performed in strict accordance with the specifications stated on the SOW.

2003 1 Each OPTION Spring Cleanup Area 6 Option Yr 2

FFP

Spring Cleanup of area 5 (Orange). Option year 2 on-site performance period 01- APR 20 to 15-MAY 20. All work to be performed in strict accordance with the specifications stated on the SOW.

2004 12 Each OPTION Mowing/Trimming Svc Area 1 Opt YR 2

FFP

Cross Lake Recreation Area grass mowing & trimming services of area 1 (Yellow). Option year 2 on-site performance period 01-May 20 to 15-Oct 20. All work to be performed in strict accordance with the specifications stated on the

SOW.

2005 17 Each OPTION Mowing/Trimming Svc Area 2 Opt YR 2

FFP

Cross Lake Recreation Area grass mowing & trimming services of area 2 (Green).

Option year 2 on-site performance period 01-May 20 to 15-Oct 20. All work to be performed in strict accordance with the specifications stated on the SOW.

2006 2 Each OPTION Mowing/Trimming Svc Area 3 Option YR 2

FFP

Cross Lake Recreation Area grass mowing & trimming services of area 3 (DIKES). Option year 2 on-site performance period 01-May 20 to 15-Oct 20. All work to be performed in strict accordance with the specifications stated on the

SOW.

2007 1 Each OPTION Fall Cleanup Area 4 Option YR 2

FFP

Fall Cleanup of area 4 (Purple). Option year 2 on-site performance period 16 Oct 20 to 30 Nov 20. All work to be performed in strict accordance with the specifications stated on the SOW.

2008 1 Each OPTION Fall Cleanup Area 5 Option YR 2

FFP

Fall Cleanup of area 5 (Red). Option year 2 on-site performance period 16 Oct 20 to 30 Nov 20. All work to be performed in strict accordance with the specifications stated on the SOW.

2009 1 Each OPTION FAll Cleanup Area 6 Option YR 2

FFP

Fall Cleanup of area 6 (Orange). Option year 2 on-site performance period 16 Oct 20 to 30 Nov 20. All work to be performed in strict accordance with the specifications stated on the SOW.

3001 1 Each OPTION Spring Cleanup Area 4 Optn YR 3

FFP

Spring Cleanup of area 4 (Purple). Option year 3 on-site performance period 01- APR 21 to 15-MAY 21. All work to be performed in strict accordance with the specifications stated on the SOW.

3002 1 Each OPTION Spring Cleanup Area 5 Option YR 3

FFP

Spring Cleanup of area 5 (Red). Option year 3 on-site performance period 01-APR 21 to 15-MAY 21. All work to be performed in strict accordance with the specifications stated on the SOW.

3003 1 Each OPTION Spring Cleanup Area 6 Option Yr 3

FFP

Spring Cleanup of area 5 (Orange). Option year 3 on-site performance period 01- APR 21 to 15-MAY 21. All work to be performed in strict accordance with the specifications stated on the SOW.

3004 12 Each OPTION Mowing/Trimming Svc Area 1 Opt YR 3

FFP

Cross Lake Recreation Area grass mowing & trimming services of area 1 (Yellow). Option year 3 on-site performance period 01-May 21 to 15-Oct 21. All work to be performed in strict accordance with the specifications stated on the

SOW.

3005 17 Each OPTION Mowing/Trimming Svc Area 2 Opt YR 3

FFP

Cross Lake Recreation Area grass mowing & trimming services of area 2 (Green).

Option year 3 on-site performance period 01-May 21 to 15-Oct 21. All work to be performed in strict accordance with the specifications stated on the SOW.

3006 2 Each OPTION Mowing/Trimming Svc Area 3 Option YR 3

FFP

Cross Lake Recreation Area grass mowing & trimming services of area 3 (DIKES). Option year 3 on-site performance period 01-May 21 to 15-Oct 21. All work to be performed in strict accordance with the specifications stated on the

SOW.

3007 1 Each OPTION Fall Cleanup Area 4 Option YR 3

FFP

Fall Cleanup of area 4 (Purple). Option year 3 on-site performance period 16 Oct 21 to 30 Nov 21. All work to be performed in strict accordance with the specifications stated on the SOW.

3008 1 Each OPTION Fall Cleanup Area 5 Option YR 3

FFP

Fall Cleanup of area 5 (Red). Option year 3 on-site performance period 16 Oct 21 to 30 Nov 21. All work to be performed in strict accordance with the specifications stated on the SOW.

3009 1 Each OPTION FAll Cleanup Area 6 Option YR 3

FFP

Fall Cleanup of area 6 (Orange). Option year 3 on-site performance period 16 Oct 21 to 30 Nov 21. All work to be performed in strict accordance with the specifications stated on the SOW.

4001 1 Each OPTION Spring Cleanup Area 4 Optn YR 4

FFP

Spring Cleanup of area 4 (Purple). Option year 4 on-site performance period 01- APR 22 to 15-MAY 22. All work to be performed in strict accordance with the specifications stated on the SOW.

4002 1 Each OPTION Spring Cleanup Area 5 Option YR 4

FFP

Spring Cleanup of area 5 (Red). Option year 4 on-site performance period 01-APR 22 to 15-MAY 22. All work to be performed in strict accordance with the specifications stated on the SOW.

4003 1 Each OPTION Spring Cleanup Area 6 Option Yr 4

FFP

Spring Cleanup of area 5 (Orange). Option year 4 on-site performance period 01- APR 22 to 15-MAY 22. All work to be performed in strict accordance with the specifications stated on the SOW.

4004 12 Each OPTION Mowing/Trimming Svc Area 1 Opt YR 4

FFP

Cross Lake Recreation Area grass mowing & trimming services of area 1 (Yellow). Option year 4 on-site performance period 01-May 22 to 15-Oct 22. All work to be performed in strict accordance with the specifications stated on the

SOW.

4005 17 Each OPTION Mowing/Trimming Svc Area 2 Opt YR 4

FFP

Cross Lake Recreation Area grass mowing & trimming services of area 2 (Green).

Option year 4 on-site performance period 01-May 22 to 15-Oct 22. All work to be performed in strict accordance with the specifications stated on the SOW.

4006 2 Each OPTION Mowing/Trimming Svc Area 3 Option YR 4

FFP

Cross Lake Recreation Area grass mowing & trimming services of area 3 (DIKES). Option year 4 on-site performance period 01-May 22 to 15-Oct 22. All work to be performed in strict accordance with the specifications stated on the

SOW.

4007 1 Each OPTION Fall Cleanup Area 4 Option YR 4

FFP

Fall Cleanup of area 4 (Purple). Option year 4 on-site performance period 16 Oct 22 to 30 Nov 22. All work to be performed in strict accordance with the specifications stated on the SOW.

4008 1 Each OPTION Fall Cleanup Area 5 Option YR 4

FFP

Fall Cleanup of area 5 (Red). Option year 4 on-site performance period 16 Oct 22 to 30 Nov 22. All work to be performed in strict accordance with the specifications stated on the SOW.

4009 1 Each OPTION FAll Cleanup Area 6 Option YR 4

FFP

Fall Cleanup of area 6 (Orange). Option year 4 on-site performance period 16 Oct 22 to 30 Nov 22. All work to be performed in strict accordance with the specifications stated on the SOW.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 1007 Destination Government Destination Government 1008 Destination Government Destination Government 1009 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government 2008 Destination Government Destination Government

2009 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government 3007 Destination Government Destination Government 3008 Destination Government Destination Government 3009 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 Destination Government Destination Government 4007 Destination Government Destination Government 4008 Destination Government Destination Government 4009 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2018 TO

31-MAR-2019

N/A CROSS LAKE DAM

CORRINE HODAPP

CROSS LAKE RECREATION AREA

35507 COUNTY ROAD 66

CROSS LAKE MN 56442-0036

715-775-5562

PINE

0002 POP 01-APR-2018 TO

31-MAR-2019

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-APR-2019 TO

31-MAR-2020

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 01-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1007 POP 01-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1008 POP 01-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

1009 POP 01-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-APR-2020 TO

31-MAR-2021

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 01-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2007 POP 01-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2008 POP 01-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

2009 POP 01-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-APR-2021 TO

31-MAR-2022

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 01-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 01-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3007 POP 01-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3008 POP 01-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

3009 POP 01-APR-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-APR-2022 TO

31-MAR-2023

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-APR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-APR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-APR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 01-APR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

4006 POP 01-APR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

4007 POP 01-APR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

4008 POP 01-APR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

4009 POP 01-APR-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2017)

DEC 2017

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

25 Percent increase 25 Percent decrease This increase or decrease shall apply to Base and Option Year CLINs X004, X005, X006.

(End of clause)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) Offers shall be evaluated in accordance with (IAW) FAR Part 13 - Simplified Acquisition Procedures of FAR 13.106-2. Offers will be evaluated by Lowest Price Technically Acceptable (LPTA) using simplified acquisition procedures of FAR 13.106-2. The Government will award a contract resulting from this solicitation to the responsible contractor whose offer, conforming to the solicitation, will be most advantageous to the Government.

The following factors will be used to evaluate offers:

(i) Price

(ii) Minimum 2 years of commercial lawn/grounds maintenance service experience and availability of Commercial lawn mowing equipment. For the purposes of evaluation, “Commercial Lawn/Grounds Maintenance Service Experience” means experience performed mowing and trimming commercial or public properties. Experience mowing/trimming residential properties will only be considered if the service is performed as part of a commercial contract and the total area serviced under the contract is greater than 4 acres. “Commercial Lawn Mowing Equipment” means equipment large enough or in enough quantity to mow/trim multiple acres of property per service trip. This is a Technically Acceptable factor. Complete and return Attachment A.

(iii) Satisfactory Past Performance. Attachment B will be evaluated for satisfactory, relevant past performance.

This is a Technically Acceptable factor. Complete and return Attachment B.

An offeror must provide a price for all items (CLINs) in this solicitation to be eligible for award. Partial quotations will not be accepted.

All quotes received will be subject to an initial screening by the Contracting Officer/Contract Specialist to determine whether they are complete and technically acceptable in accordance with the solicitation. Quotes that fail this initial screening process maybe rejected and the offeror will be notified they are no longer eligible for further consideration.

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

ALTERNATE I (OCT 2014)

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude…