W912HN-10-T-0093.doc

Section SF 1449 - CONTINUATION SHEET

CONTACT INFORMATION

Contact Matthew Madonna by email, Matthew.Madonna@usace.army.mil Quotation envelope should read as follows:

W912HN-10-T-0093 (Matthew Madonna) Application of Herbicide and Forest Road Stabilization

Fort Gillem and Dobbins ARB Quotation Package should be submitted to:

U.S. Army Engineer District, Savannah

100 W. Oglethorpe Avenue, Attn: CECT-SAS-E/Matthew Madonna

Savannah, GA 31401-3604

Electronic and Fax Quotes are acceptable. Email Quotation Package to matthew.madonna@usace.army.mil or Fax to 912-652-6061, Attn: Matthew Madonna.

Basis for Award:

Quotation shall meet the minimum requirements listed in the request for quotation to be eligible for an award. An award will be made to the vendor whose quote represents the lowest evaluated quote to the government and whose prices are otherwise determined to be fair and reasonable.

Period of Performance: See Scope of Work

Provide all necessary labor, materials, equipment, and supervision for forest road stabilization at Dobbins ARB, Georgia in accordance with scope of work and aerial map.

Provide all necessary labor, materials, equipment and supervision for:

-Kudzu control, Privet control, Wisteria control, and Mimosa control at Dobbins ARB, Georgia in accordance with scope of work and aerial map.

-Vegetative control and english ivy control at hiking trail at Dobbins ARB, Georgia in accordance with scope of work and aerial map.

-Pine release at Dobbins ARB, Georgia in accordance with scope of work and aerial map

Contractor Manpower Reporting System - See 52-204-4006, Accounting for Contract Services. The requirements can be separately priced or not separately priced. If separately priced use this line item to show the cost. If not separately priced, use NSP on this line item. You may choose to cover the cost of reporting in your overhead or general and administrative expenses.

TOTAL

SCOPE OF WORK

FOREST ROAD STABILIZATION

AND

APPLICATION OF HERBICIDE,

DOBBINS ARB, GEORGIA

SCOPE OF WORK

1. The work to be performed under this contract consists of FOREST ROAD STABILIZATION AND APPLICATION OF HERBICIDE on Dobbins ARB, Georgia. This work is to bid as one (1) project for award.

Project:

a. FOREST ROAD STABILIZATION on existing forest roads, Dobbins ARB, Georgia.

b. KUDZU, PRIVET & WISTERIA, MIMOSA CONTROL on 40 acres at Dobbins ARB, Georgia

VEGETATIVE CONTROL for Hiking Trail on approximately 0.94 acres, plus 1 spot of English Ivy at Dobbins ARB, Georgia

PINE RELEASE on approximately 71 acres at Dobbins ARB, Georgia

2. Pre-Inspection: During the Request for Quote (RFQ) solicitation process, the Technical Representative, Mr. Hank Cochran (912-767-7522/7521, 912-677-6025 mobile) will be available to show the areas to be treated on TUESDAY and WEDNESDAY prior to the Bid Opening Date from 8:00 A.M. to 3:00 P.M at Dobbins ARB, Georgia. Any contractor who wishes to attend these site visits should contact Mr. Cochran no later than the MONDAY prior to the Bid Opening Date. Site inspections of the entire project area are highly recommended. Please contact Hank Cochran, Technical Representative, at Fort Stewart Forest Resources Office, (912-767-7522/7521, 912-677-6025 mobile) to arrange a site visit prior to placing a quotation. Fort Gillem and Dobbins ARB are secure installations. Visitor badges will be necessary for all personnel entering the installations. The Technical Representative must accompany prospective bidders while they are on post to inspect treatment areas.

Care must be taken when operating equipment through these areas not to damage seedlings or mature trees. Herbicide treatments must be accomplished in such a manner as to limit the spray to the target plants and minimize drift onto pine seedlings or other non-target vegetation on the site. The contractor shall take all these variations into account when submitting a quote for each item.

No equipment shall be operated or herbicides applied within a designated special plant (Pink Lady Slipper) area located in the vicinity of the Nature Trail at Dobbins ARB, Georgia. This area will be identified by orange flagging.

3. Contract Work Period: Herbicide work shall commence on or before 15 September 2010 and be completed not later than 15 October 2010. Forest Road Stabilization work shall be completed not later than 31 October 2010. Reapplication of herbicides shall be completed by 15 November 2010.

4. Pre-Work Conference: A pre-work conference is required on-site with the Contractor prior to commencement of work. Actual application work shall commence no later than (estimated)15 September 2010. Contractor shall submit to the (Technical Representative) or his designee a work schedule indicating the locations, date, and time work shall be accomplished and be approved by the Technical Representative. The Contractor shall arrange his work so as not to cause interference with normal conduct of Government business.

Mr. Hank Cochran, Technical Representative, shall be contacted within 7 days of planned commencement of operations to make necessary on site coordination. He may be contacted at the Fort Stewart Forest Resources Office, phone number. (912-767-7522/7521, 912-677-6025 mobile).

5. Hours of Work: The Contractor will have access to the areas where the work is to be performed from 7:00 a.m. to 5:00 p.m. Monday-Friday, excluding federal holidays. Any change to this schedule requires the approval of the Technical Representative.

6. Security Provisions: Dobbins ARB, GA is a secure installation. The Contractor and Contractor personnel will be required to obtain a daily or weekly Access Pass from the installations Security Office during the performance period. To gain access onto post the Contractor and his/her representative may be required to provide the following documents: driver’s license and/or another form of picture I.D., vehicle registration and proof of insurance, and social security card. No weapons are allowed on the installation. Vehicles are subject to inspection.

7. Applicable Drawings: The attached location maps are applicable to the work required herein and are made part of these specifications. The location maps show the general location of each project and approximate locations.

8. Contractor Qualifications: Contractor shall provide a sufficient number of certified, trained and competent personnel to accomplish the work of this contract.

Contractor must have attended and completed a state approved forest road construction class, such as those offered as continuing education which are oriented toward compliance with the Best Management Practices for Forestry, or equivalent experience.

All road work shall be completed to standards specified as included in the 2009 publication of Georgia’s Best Management Practices for Forestry, hereafter referenced as state BMP guidelines.

The Contractor shall possess a valid State of Georgia Pesticide Contractor’s License and a State of Georgia Commercial Applicator License in the appropriate category. Each individual directly involved with the application and/or supervision of the application of specified chemicals shall possess in the appropriate category a valid State of Georgia Commercial Applicator License and shall be certified in accordance with DOD Directive 4150.7. Copies of individual licenses shall be furnished to the Technical Representative prior to work.

9. Details: Contractor shall supply materials and labor necessary to perform the work. All details below apply to existing roads for stabilization:

a. ROAD SURFACE: Existing road surface is approximately 10’ in width. Contractor shall spread 140 tons (+ or – five per cent) mix of #3 & #4 rock, as needed to cover all areas where mineral soil is exposed. The road must be completely covered by rock and spread evenly over the surface. All road surfaces will maintain a slight crown at the road center sufficient to drain water from the road surface in all areas.

b. MODIFIED BROAD-BASED (ROLLING) DIPS, & TURNOUTS: Contractor shall rework two (2) existing water turnouts as necessary to sufficiently handle water flow in the area of the roadway as designated by the Technical Representative.

c. CULVERT INSTALLATION: Contractor shall install one (1) 18” diameter concrete culvert up to 30 feet long at a location designated by the Technical Representative

d. Maintenance of these features shall in no way direct runoff or silt into existing streams or areas adjacent to existing streams. Contractor shall be responsible for installing and maintaining any temporary erosion control device as deemed necessary to hold the soil in place as determined by the Technical Representative. All water controlling structures must be installed and spaced as described and/or diagramed in state BMP guidelines.

10. Details: All details below apply to application of herbicides.

a. HERBICIDE MATERIAL, LABOR AND EQUIPMENT: Contractor shall supply herbicides, mixing water, mixing/storage tanks, vehicles, and materials, parts, labor and equipment necessary to perform the work. A water source may be provided for tank mixing on the military installation as designated by the Technical Representative. Tank mixing is subject to be spot-checked by Environmental and the Technical Representative or his representative. All herbicides must be secured within vehicles at all times while on the installation. Vehicles shall not be left unattended unless properly locked and secured. All vehicles shall be maintained with a clean and orderly appearance, free from observable herbicide spills, residues, or build-up. Equipment, tanks, and transport vehicles shall have observable signage stating “Pesticide Storage”. Overnight parking of equipment and vehicles shall be in a place designated by the Technical Representative. The contractor will be required to provide the categories of equipment and materials listed below. Minimum equipment requirements are stated in paragraphs below.

b. TREATMENTS: Herbicide treatments shall be applied by means of by means of a tractor or skidder mounted chemical spraying equipment consisting of high pressure hose with hand-gun nozzle, directional jets, or equivalent as appropriate for the required chemical treatments in accordance with product labels and to adequately cover the entire treatment areas. Contractor must have method of assuring even coverage over treatment area.

c. NECESSARY EQUIPMENT: Contractor shall provide all necessary equipment, including personal protective equipment (PPE), for completing specified work and in accordance with product label. One (1) copy of the label and MSDS shall be furnished to the Technical Representative prior to work performance. The Contractor shall have a label and MSDS on site at all times and readily available for inspection at any time during application.

d. HERBICIDE TREATMENT RATE FOR VEGETATIVE CONTROL:

Herbicide to be applied for:

1. Kudzu Control are: Escort – 4 ounces plus 1 quart of 90/10 non-ionic surfactant per acre of Kudzu foliage, tank mixed in the equivalent to 100 gallons of water per acre, and applied with low pressure spray from spot-gun until kudzu foliage is saturated.

2. Hiking Trail and English Ivy -1 ½ quart of Aqua Neat plus 2 quart of non-ionic surfactant per 35 gallons of water per acre applied with low pressure spray from spot-gun until the vegetation is saturated.

3. Privet Control are: Escort – 4 ounces plus 1 quart of 90/10 non-ionic surfactant per acre of Privet foliage, tank mixed in the equivalent to 100 gallons of water per acre, and applied with low pressure spray from spot-gun until Privet foliage is saturated.

4. Wisteria Control are: Transline – 21 ounces plus 1 quart of 90/10 non-ionic surfactant per acre of Wisteria foliage, tank mixed in the equivalent to 100 gallons of water per acre, and applied with low pressure spray from spot-gun until Wisteria foliage is saturated.

5. Mimosa Control are: Escort - 4 ounces plus 1 quart of 90/10 non-ionic surfactant per acre of Mimosa foliage, tank mixed in equivalent to 100 gallons of water per acre, and applied with low pressure spray from spot-gun until mimosa foliage is saturated.

6. Pine Release are: Arsenal and Escort - 16 ounces of Arsenal and 1 ounce of Escort plus 1 quart of 90/10 non-ionic surfactant per acre of broadleaf vegetation foliage, tank mixed in the equivalent to 60-100 gallons of water per acre and applied with low pressure spray from suitable equipment nozzle or spot gun until broadleaf vegetation is saturated.

e. ALTERNATE PROPOSAL: Contractor may propose to use herbicides other than the herbicides listed above. If a Contractor proposes to use herbicides other than those listed above he shall list the herbicides and the treatment rate in the quote. The Government will make a determination as to whether or not any proposed herbicides other than those listed above and the treatment rate are acceptable or unacceptable.

11. Contractor Equipment and Materials: The contractor shall be required to provide all equipment, labor, and materials necessary and correctly execute this work. All work shall be subject to approval of the Technical Representative for compliance with this scope of work.

12. General:

a. CLEAN WATER ACT: All work must be accomplished in accordance with the provisions of the Clean Water Act. According to Section 404 (40 CFR Part 232.3), this forest roadwork is exempt from further permitting provided fifteen baseline provisions are met. These provisions are listed in Section 3.3.1 of Georgia’s Best Management Practices for Forestry and the contractor is required to fully comply with them all. Use of temporary silt fencing or other filtering devices shall be required when working near running streams to deter silting during construction activities. The contractor is responsible for proper installation of temporary filtering devices prior to construction activity in these areas.

b. WASTE: If any hazardous waste (gasoline, used motor oil, etc.) is released into the environment during operations, it must be accumulated, managed and manifested off the installation in accordance with the regulations of the Resource Conservation and Recovery Act (40 CFR 260 – 280). The Technical Representative shall be notified immediately of the occurrence of any such event. Contractor shall be responsible for reporting, cleanup, and proper disposal of any hazardous waste generated. No petroleum products, oils, or lubricants (POL) may be willfully discharged into the environment, including spills due to negligence. Care must be taken when maintaining equipment not to release POL’s onto the ground, and the contractor is responsible for immediate cleanup and reporting of any such accidental release as discussed in the pre-work conference.

c. ACCESS: Ingress/egress of all dump trucks, equipment deliveries, etc. shall be accomplished through use of the contractors’ gate. Contractor shall be required to register all vehicles, equipment, and personnel with Base Security Police prior to commencement of work.

d. MONITORING WELLS: Several active monitoring wells are located in the vicinity of the work. These wells appear as a section of pipe or a steel post approximately three feet (3’) in height from ground level. No work shall be allowed within forty feet (40’) of these wells. Manholes for underground utilities exist along some of the work area. All efforts shall be taken not to damage these wells, manholes, or any other fixed utility or structure occurring on the base.

13. Superintendence by the Contractor: The Contractor shall give his personal superintendence to the work or provide a competent Superintendent on the work site at all times during progress, with the authority to act on his or her behalf. The superintendent shall coordinate daily with the Technical Representative to advise of contract progress and to request access to upcoming work sites. A pre-work conference between the Technical Representative and the Contractor of the Contractor’s representative is required on-site prior to commencement of work.

14. Check-In Locator: The Contractor shall check in each workday at a site designated by the Technical Representative. At the time of check-in the Contractor shall indicate the work and the sites of work for that date if different from previously scheduled activities.

15. Quality Control: The Contractor shall maintain a self-inspection system where the Superintendent identifies and promptly corrects contract performance deficiencies.

16. Quality Assurance: The government will provide quality assurance by monitoring the quality control system, inspecting contract performance and reporting deficiencies to the Superintendent for correction.

17. Container Disposal: Contractor shall reseal and dispose of empty pesticide containers off the installation at an authorized disposal site. All containers shall be tripled rinsed and the rinsate to go into tank sprayer and sprayed on target vegetation. The work area shall be cleared daily of cans, container, or lunch articles deposited by the contractor.

18. Herbicide Effectiveness: Contractor is required to obtain a 95% minimum kill within 2 weeks of application of each treatment area. The Contractor will be solely responsible for herbicide effectiveness. The Technical Representative will evaluate chemical effectiveness within 2 weeks following treatment to assess results. If vegetative kill is inadequate, the Contractor must re-apply chemical until a 95% kill is attained.

19. Care shall be taken to prevent chemical from entering streams or open water and all herbicide is to be applied in accordance with chemical labels. The herbicides shall be applied in such a manner as to prevent toxic exposure to personnel, pets, wildlife, ornamental plants, and any other non-target components of the environment. Applications shall not be made during or prior to imminent rainfall, immediately after heavy rains, rainfall of more than 1 inch in 24 hours, or while runoff is occurring, or following frost.

20. Care shall be taken to prevent chemical drift. The Contractor shall perform in strict accordance with the provisions of the Clean Air Act as applicable to this contract, including, but not limited to, no open burning or fugitive emissions. Extra care shall be taken to prevent drift off installation property to include, but not limited to, proper consideration of wind direction and variability at time of application.

21. Reports: Accurate records of the amounts of herbicide used shall be maintained and presented to the Technical Representative and application quantities must be closely tracked and presented to the Technical Representative to insure proper reporting of quantity of active ingredients applied. The Contractor shall provide a daily report of active ingredient applied on DD Form 1532-1 which will be furnished by the Technical Representative. Report of pounds of active ingredient of specified herbicide applied per site or group of sites must be provided to the Technical Representative immediately following application. Herbicide usage records shall be completed daily (within 24 hours of application) and made immediately available on-site for inspection upon request of the Technical Representative. These daily usage reports shall be provided to the project office by mail at a minimum of once per workweek. Both postal and e-mail addresses shall be provided to the Contractor by the Technical Representative at the pre-work conference.

22. Payments: For any contract resulting from this solicitation payment shall be made as follows: Upon the successful completion of the work outlined in the specification for:

a. CLIN 0001 (Forest Road Stabilization, Dobbins ARB, GA)

b. CLIN 0002 (Kudzu Control, Privet Control, Wisteria, Mimosa Control; Vegetative Control & English Ivy Control at Hiking Trail; Pine Release, Dobbins, ARB, GA)

The contractor shall submit an invoice and subsequently receive payment in accordance with the payment terms of the contract.

WAGE RATES

WD 74-1218 (Rev.-32) was first posted on www.wdol.gov on 06/03/2008

Forestry and Land Management Services

REGISTER OF WAGE DETERMINATIONS UNDER ³ U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT ³ EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor ³ WAGE AND HOUR DIVISION

³ WASHINGTON, D.C. 20210

³

³

Shirley F. Ebbesen Division of Wage ³ Wage Determination No: 1974-1218

Director Determinations ³ Revision No: 32

³ Date Of Revision: 05/29/2008

State: Georgia

Area: Georgia Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Employed on service contract for forestry, land management, the cleaning of public use areas, and timber inventory services.

OCCUPATION CODE - TITLE MINIMUM WAGE RATE

08010 - Brush/Precommercial Thinner 11.34

08040 - Choker Setter 9.18

08070 - Faller/Bucker 10.89

08100 - Fire Lookout 11.34

08130 - Forestry Equipment Operator 11.72

08160 - Forestry/Logging Heavy Equipment Operator 14.03

08190 - Forestry Technician 14.03

08200 - Forestry Truck Driver 14.03

08250 - General Forestry Laborer 8.51

08280 - Nursery Specialist 15.73

08310 - Slash Piler/Burner 11.34

08340 - Tree Climber 12.69

08370 - Tree Planter 9.26

08400 - Tree Planter, Mechanical 9.26

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $3.24 per hour or $129.60 per week or $561.60 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 8 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR

4174)

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.0200-4115 WAGE RATES (CESAS-CT FEB 95)

U.S. Department of Labor Wage Decision No. 74-1218, REV 35, dated 06/22/2010 shall be applicable to any contract resulting from this solicitation. These rates and benefits are the minimums to be paid employees hereunder.

52.204-4006 Accounting for Contract Services

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: https://contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-contractors); (7) Total payments (including sub-contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each subcontractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor’s systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the web site.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009)

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 (m) of this provision.

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

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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 the stock of which 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 its stock is owned by one or more women; or

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

(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 (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(9) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ) is, ( ) is not s joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ) has, ( ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act--Supplies.”

(2) Foreign End Products:

Line Item No.:---------------------------------------------------------

Country of Origin:-----------------------------------------------------

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act-Free Trade Agreements-Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli…