TABLE OF CONTENTS

**SECTION 1-The SCHEDULE**

**SF-1449 form** Section 1 - 1

**backside is page 2** Section 1 - 2

Table of Contents Section 1 - 3 & 4

> **1.1 CERTIFIED/NON-CERTIFIED SEED** Section 1 - 5
>
> SF-1449 CONTINUATION SHEETS **- THE SCHEDULE**BLOCKS 19,20,21,22,23 &
> 24 Section 1 - 6 through 10

**[SECTION 2 \-- Contract Clauses]{.underline}** 11

**2.1 52.212-04 Contract Terms and Conditions\--Commercial Items
(MAY 1999)** 11

**2.2 52.212-05 Contract Terms and Conditions Required to Implement
Statutes or Executive Orders\--Commercial Items**

> **(AUG 2000)** 14

**2.3 52.252-06 Authorized Deviations In Clauses (APR 1984)** 17

**2.4 9.1510-037 ELECTRONIC FUNDS TRANSFER PAYMENTS**

> **(APR 1998)** 17

**SECTION 2.5 ADDENDUM - CONTRACT TERMS AND CONDITIONS - COMMERCIAL
ITEMS - SEED SPECIFICATIONS** 18

**2.5.1 CERTIFIED SEED AND SPECIFIED ORIGIN SEED REQUIREMENTS** 18

**2.5.2 TETRAZOLIUM TESTS** 19

**2.5.3 MOISTURE CONTENT** 19

**2.5.4 DEBEARDING** 19

**2.5.5 CLEANING** 19

**2.5.6 FOURWING SALTBUSH AND SHADSCALE SEED** 19

**2.5.7 WYOMING, BASIN BIG, BUD AND LOW SAGEBRUSH SEED** 20

**2.5.8 MOUNTAIN BIG SAGEBRUSH SEED** 20

**2.5.9 IMPORTED SEED** 20

**2.5.10 SEED MIXES** 20

**2.5.11 LICENSING REQUIREMENTS** 20

**[PACKAGING AND MARKING]{.underline}** 21

**2.5.12 BAGS AND LABELS** 21

**[INSPECTION AND ACCEPTANCE]{.underline}** 21

**2.5.13 INSPECTION (TESTING) AND INITIAL ACCEPTANCE** 21

**2.5.14 FINAL ACCEPTANCE** 21

**2.5.15 TESTING PROCEDURES** 21

**2.5.16 DETERMINING PURE LIVE SEED CONTENT** 25

**[DELIVERIES OR PERFORMANCE]{.underline}** 25

**2.5.17 52.211-8 TIME OF DELIVERY.** 25

**2.5.18 52.211-16 VARIATION IN QUANTITY. (APR 1984)** 26

**2.5.19 52.211-17 DELIVERY OF EXCESS QUANTITIES. (SEP 1989)** 26

**2.5.20 52.242-17 GOVERNMENT DELAY OF WORK. APR 1984** 26

**2.5.21 52.247-35 F.O.B. DESTINATION WITHIN CONSIGNEE\'S PREMISES.(APR
1984)** 26

**2.5.22 F.O.B. DELIVERY REQUIREMENTS** 27

**2.5.23 PLACE OF DELIVERY** 27

**2.5.24 DELIVERY NOTIFICATION** 28

**2.5.25 TRANSPORTATION CHARGES** 28

**[CONTRACT ADMINISTRATION DATA]{.underline}** 28

**2.5.26 PROCUREMENT OFFICE REPRESENTATIVE** 28

**2.5.27 CONTRACTING OFFICER\'S REPRESENTATIVE (COR)** 28

**2.5.28 DESIGNATED GOVERNMENT OFFICE FOR SUBMITTING PROPER INVOICE** 29

**[SPECIAL CONTRACT REQUIREMENTS]{.underline}** 29

**2.5.29 FEDERAL SEED ACT, DESTINATION STATE LAWS, NOXIOUS WEEDS - STATE
LAWS** 29

**2.5.30 PAYMENT** 29

**[SECTION 3 \-- Representations, Certifications and Other Statements of
Offerors]{.underline}** 30

**3.1 52.212-03 Offeror Representations And Certifications - Commercial
Items (OCT 2000)**. 30

**3.2 52.252-05 Authorized Deviations In Provisions (APR 1984)** 35

**[SECTION 4 \-- Instructions, Conditions and Notices to
Bidders]{.underline}** 36

**4.1 52.212-01 INSTRUCTION TO OFFERORS - COMMERCIAL ITEMS \--
DEPARTMENT OF THE INTERIOR (DEVIATION) (MAR 2000)** 36

**SECTION 4 ADDENDUM - INSTRUCTIONS TO OFFERORS** 39

**4.2 52.215-5 FACSIMILE/E-MAIL PROPOSALS (OCT 1997)** 39

**4.3 REFERENCES** 40

**[SECTION 5 \-- Evaluation Factors for Award]{.underline}** 41

**5.1 52. 212-01 Evaluation** **- Commercial Items (JAN 1999)** 41

**[SECTION 5 ADDENDUM - Evaluation - Commercial Items]{.underline}** 41

**5.2 BASIS FOR AWARD** 41

**5.3 DETERMINING PURE LIVE SEED CONTENT** 42

**5.4 VERIFICATION OF OFFERED PRICES/EXTENDED AMOUNTS** 43

**1.1 CERTIFIED/NON-CERTIFIED SEED**

> \(a\) The following schedule provides for submitting offers for seed.
> Depending on the variety (see each Item No.) offers may be submitted
> for certified seed or non-certified seed, or combinations thereof.
> Other categories listed are variety not specified (VNS),
> certified-Source Identified and non-certified Specified Origin.
> Certified seed shall be preferred over non-certified seed and specific
> varieties of seed listed first in any one item shall be preferred over
> a subsequent variety within the item number (i.e.,1A shall be
> preferred over 1B, 1B shall be preferred over 1C,). The Government
> reserves the right to award on any item offered in any category, or a
> combination of the categories. The total amount of seed purchased will
> not exceed 370,000 pounds, considering all items and combinations of
> certified and non-certified seed. All awards will be based upon the
> lowest pure live seed (PLS) price offered for each item or combination
> of items with consideration given to past performance for that item
> (Poor past performance or lack of experience for an item may be
> grounds for bypassing a lower PLS price for a higher PLS price).
> **[Award amount will be for bulk price per pound, expressed with a
> maximum of two decimal places]{.underline}**.
>
> \(b\) Award [may]{.underline} be made on higher PLS priced certified
> seed versus a non-certified. PLS priced seed of the same variety.
> Likewise, award may be made to better performers versus poor
> performers.
>
> \(c\) Only seed offered with a country of origin as the U.S. or Canada
> will be considered. Western Yarrow will be accepted if the seed was
> also grown in New Zealand.
>
> \(d\) Prices must be based on possible delivery to any of the
> locations designated in Section 2.5.23. The government reserves the
> right to change the indicated delivery location to any other site
> identified herein.
>
> \(e\) Offerors may offer more than the estimated amount for an item.
> For example, Item No. 1A-Thickspike Wheatgrass-Critana variety shows
> an estimated amount of 7,650 pounds. If you have 100,000 pounds
> available to offer please complete columns 7-15 for the 10,000 pounds.
> Under this solicitation, the BLM will buy up to 370,000 pounds of
> seed. For each Item No., the BLM will adhere as closely as possible to
> the estimated quantities listed in the schedule. However, based on the
> total offers for all seeds the actual quantity purchased by variety
> may vary. See Section 5 for evaluation criteria.
>
> \(f\) All costs of transportation from shipping point(s) to
> destination shall be paid by the Contractor and included in his price
> offered for the item(s). The Contractor shall be responsible for
> any/all damage occurring in transit.

[See file named NAR010014Schedule (5 pages)]{.smallcaps}

**[[SECTION 2 \-- Contract Clauses]{.smallcaps}]{.underline}**

  --------- ----------------------------- ------------------------------------------------ ---------------------
  **2.1**   **[52.212-04]{.smallcaps}**   **[Contract Terms and Conditions\--Commercial    **[MAY
                                          Items]{.smallcaps}**                             1999]{.smallcaps}**

  --------- ----------------------------- ------------------------------------------------ ---------------------

\(a\) Inspection/Acceptance. The Contractor shall only tender for
acceptance those items that conform to the requirements of this
contract. The Government reserves the right to inspect or test any
supplies or services that have been tendered for acceptance. The
Government may require repair or replacement of nonconforming supplies
or reperformance of nonconforming services at no increase in contract
price. The Government must exercise its post‑acceptance rights‑‑

\(1\) Within a reasonable time after the defect was discovered or should
have been discovered; and

\(2\) Before any substantial change occurs in the condition of the item,
unless the change is due to the defect in the item.

\(b\) Assignment. The Contractor or its assignee\'s rights to be paid
amounts due as a result of performance of this contract, may be assigned
to a bank, trust company, or other financing institution, including any
Federal lending agency in accordance with the Assignment of Claims Act
(31 U.S.C. 3727).

\(c\) Changes. Changes in the terms and conditions of this contract may
be made only by written agreement of the parties.

\(d\) Disputes. This contract is subject to the Contract Disputes Act of
1978, as amended (41 U.S.C. 601‑613). Failure of the parties to this
contract to reach agreement on any request for equitable adjustment,
claim, appeal or action arising under or relating to this contract shall
be a dispute to be resolved in accordance with the clause at FAR
52.233‑1, Disputes, which is incorporated herein by reference. The
Contractor shall proceed diligently with performance of this contract,
pending final resolution of any dispute arising under the contract.

\(e\) Definitions. The clause at FAR 52.202‑1, Definitions, is
incorporated herein by reference.

\(f\) Excusable delays. The Contractor shall be liable for default
unless nonperformance is caused by an occurrence beyond the reasonable
control of the Contractor and without its fault or negligence such as,
acts of God or the public enemy, acts of the Government in either its
sovereign or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common
carriers. The Contractor shall notify the Contracting Officer in writing
as soon as it is reasonably possible after the commencement of any
excusable delay, setting forth the full particulars in connection
therewith, shall remedy such occurrence with all reasonable dispatch,
and shall promptly give written notice to the Contracting Officer of the
cessation of such occurrence.

\(g\) Invoice. The Contractor shall submit an original invoice and three
copies (or electronic invoice, if authorized,) to the address designated
in the contract to receive invoices. An invoice must includeB

\(1\) Name and address of the Contractor;

\(2\) Invoice date;

\(3\) Contract number, contract line item number and, if applicable, the
order number;

\(4\) Description, quantity, unit of measure, unit price and extended
price of the items delivered;

\(5\) Shipping number and date of shipment including the bill of lading
number and weight of shipment if shipped on Government bill of lading;

\(6\) Terms of any prompt payment discount offered;

\(7\) Name and address of official to whom payment is to be sent; and

\(8\) Name, title, and phone number of person to be notified in event of
defective invoice.

Invoices will be handled in accordance with the Prompt Payment Act (31
U.S.C. 3903) and Office of Management and Budget (OMB) Circular A‑125,
Prompt Payment. Contractors are encouraged to assign an identification
number to each invoice.

\(h\) Patent indemnity. The Contractor shall indemnify the Government
and its officers, employees and agents against liability, including
costs, for actual or alleged direct or contributory infringement of, or
inducement to infringe, any United States or foreign patent, trademark
or copyright, arising out of the performance of this contract, provided
the Contractor is reasonably notified of such claims and proceedings.

\(i\) Payment. Payment shall be made for items accepted by the
Government that have been delivered to the delivery destinations set
forth in this contract. The Government will make payment in accordance
with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management
and Budget (OMB) Circular A‑125, Prompt Payment. If the Government makes
payment by Electronic Funds Transfer (EFT), see 52.212‑5(b) for the
appropriate EFT clause. In connection with any discount offered for
early payment, time shall be computed from the date of the invoice. For
the purpose of computing the discount earned, payment shall be
considered to have been made on the date which appears on the payment
check or the specified payment date if an electronic funds transfer
payment is made.

\(j\) Risk of loss. Unless the contract specifically provides otherwise,
risk of loss or damage to the supplies provided under this contract
shall remain with the Contractor until, and shall pass to the Government
upon:

\(1\) Delivery of the supplies to a carrier, if transportation is f.o.b.
origin; or

\(2\) Delivery of the supplies to the Government at the destination
specified in the contract, if transportation is f.o.b. destination.

\(k\) Taxes. The contract price includes all applicable Federal, State,
and local taxes and duties.

\(l\) Termination for the Government\'s convenience. The Government
reserves the right to terminate this contract, or any part hereof, for
its sole convenience. In the event of such termination, the Contractor
shall immediately stop all work hereunder and shall immediately cause
any and all of its suppliers and subcontractors to cease work. Subject
to the terms of this contract, the Contractor shall be paid a percentage
of the contract price reflecting the percentage of the work performed
prior to the notice of termination, plus reasonable charges the
Contractor can demonstrate to the satisfaction of the Government using
its standard record keeping system, have resulted from the termination.
The Contractor shall not be required to comply with the cost accounting
standards or contract cost principles for this purpose. This paragraph
does not give the Government any right to audit the Contractor\'s
records. The Contractor

shall not be paid for any work performed or costs incurred which
reasonably could have been avoided.

\(m\) Termination for cause. The Government may terminate this contract,
or any part hereof, for cause in the event of any default by the
Contractor, or if the Contractor fails to comply with any contract terms
and conditions, or fails to provide the Government, upon request, with
adequate assurances of future performance. In the event of termination
for cause, the Government shall not be liable to the Contractor for any
amount for supplies or services not accepted, and the Contractor shall
be liable to the Government for any and all rights and remedies provided
by law. If it is determined that the Government improperly terminated
this contract for default, such termination shall be deemed a
termination for convenience.

\(n\) Title. Unless specified elsewhere in this contract, title to items
furnished under this contract shall pass to the Government upon
acceptance, regardless of when or where the Government takes physical
possession.

\(o\) Warranty. The Contractor warrants and implies that the items
delivered hereunder are merchantable and fit for use for the particular
purpose described in this contract.

\(p\) Limitation of liability. Except as otherwise provided by an
express or implied warranty, the Contractor will not be liable to the
Government for consequential damages resulting from any defect or
deficiencies in accepted items.

\(q\) Other compliances. The Contractor shall comply with all applicable
Federal, State and local laws, executive orders, rules and regulations
applicable to its performance under this contract.

\(r\) Compliance with laws unique to Government contracts. The
Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations
on the use of appropriated funds to influence certain Federal contracts;
18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 327, et
seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51‑58,
Anti‑Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to
whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C.
423 relating to procurement integrity.

\(s\) Order of precedence. Any inconsistencies in this solicitation or
contract shall be resolved by giving precedence in the following order:

\(1\) The schedule of supplies/services.

\(2\) The Assignments, Disputes, Payments, Invoice, Other Compliances,
and Compliance with Laws Unique to Government Contracts paragraphs of
this clause.

\(3\) The clause at 52.212‑5.

\(4\) Addenda to this solicitation or contract, including any license
agreements for computer software.

\(5\) Solicitation provisions if this is a solicitation.

\(6\) Other paragraphs of this clause.

\(7\) The Standard Form 1449.

\(8\) Other documents, exhibits, and attachments.

\(9\) The specification.

  --------- ----------------------------- ------------------------------------------------ ---------------------
  **2.2**   **[52.212-05]{.smallcaps}**   **[Contract Terms and Conditions Required to     **[AUG
                                          Implement Statutes or Executive                  2000]{.smallcaps}**
                                          Orders\--Commercial Items]{.smallcaps}**         

  --------- ----------------------------- ------------------------------------------------ ---------------------

\(a\) The Contractor shall comply with the following FAR clauses, which
are incorporated in this contract by reference, to implement provisions
of law or executive orders applicable to acquisitions of commercial
items:

\(1\) 52.222‑3, Convict Labor (E.O. 11755).

\(2\) 52.233‑3, Protest after Award (31 U.S.C. 3553).

\(b\) The Contractor shall comply with the FAR clauses in this paragraph
(b) which the contracting officer has indicated as being incorporated in
this contract by reference to implement provisions of law or executive
orders applicable to acquisitions of commercial items or components:

\_X\_\_ (1) 52.203‑6, Restrictions on Subcontractor Sales to the
Government, with Alternate I (41 U.S.C. 253g and 10 U.S.C. 2402).

\_\_\_ (2) 52.219‑3, Notice of Total HUBZone Small Business Set‑Aside
(Jan 1999).

\_\_\_ (3) 52.219‑4, Notice of Price Evaluation Preference for HUBZone
Small Business Concerns (Jan 1999) (if the offeror elects to waive the
preference, it shall so indicate in its offer).

\_\_\_ (4)(i) 52.219‑5, Very Small Business Set‑Aside (Pub. L. 103‑403,
section 304, Small Business Reauthorization and Amendments Act of 1994).

\_\_\_ (ii) Alternate I to 52.219‑5.

\_\_\_ (iii) Alternate II to 52.219‑5.

\_X\_\_ (5) 52.219‑8, Utilization of Small Business Concerns (15 U.S.C.
637 (d)(2) and (3)).

\_\_\_ (6) 52.219‑9, Small Business Subcontracting Plan (15 U.S.C.
637(d)(4)).

\_X\_\_ (7) 52.219‑14, Limitations on Subcontracting (15 U.S.C.
637(a)(14)).

\_\_\_ (8)(i) 52.219‑23, Notice of Price Evaluation Adjustment for Small
Disadvantaged Business Concerns (Pub. L. 103‑355, section 7102, and 10
U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so
indicate in its offer).

(ii)\_\_\_ Alternate I of 52.219‑23.

\_\_\_ (9) 52.219‑25, Small Disadvantaged Business Participation
Program‑‑Disadvantaged Status and Reporting (Pub. L. 103‑355, section
7102, and 10 U.S.C. 2323).

\_\_\_ (10) 52.219‑26, Small Disadvantaged Business Participation
Program‑‑Incentive Subcontracting (Pub. L. 103‑355, section 7102, and 10
U.S.C. 2323).

\_\_\_ (11) 52.222‑21, Prohibition of Segregated Facilities (Feb 1999)

\_X\_\_ (12) 52.222‑26, Equal Opportunity (E.O. 11246).

\_X\_\_ (13) 52.222‑35, Affirmative Action for Disabled Veterans and
Veterans of the Vietnam Era (38 U.S.C. 4212).

\_X\_\_ (14) 52.222‑36, Affirmative Action for Workers with Disabilities
(29 U.S.C. 793).

\_X\_\_ (15) 52.222‑37, Employment Reports on Disabled Veterans and
Veterans of the Vietnam Era (38 U.S.C. 4212).

\_\_\_ (16)(i) 52.223‑9, Estimate of Percentage of Recovered Material
Content for EPA‑Designated Products (42 U.S.C 6962(c)(3)(A)(ii)).

\_\_\_ (ii) Alternate I of 52.223‑9 (42 U.S.C. 6962(i)(2)(C)).

\_\_\_ (17) 52.225‑1, Buy American Act‑‑Balance of Payments
Program‑‑Supplies (41 U.S.C. 10a ‑ 10d).

\_X\_\_ (18)(i) 52.225‑3, Buy American Act‑‑North American Free Trade
Agreement‑‑Israeli Trade Act‑‑Balance of Payments Program (41 U.S.C. 10a
‑ 10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note).

\_\_\_ (ii) Alternate I of 52.225‑3.

\_\_\_ (iii) Alternate II of 52.225‑3.

\_\_\_ (19) 52.225‑5, Trade Agreements (19 U.S.C. 2501, et seq., 19
U.S.C. 3301 note).

\_X\_\_ (20) 52.225‑13, Restriction on Certain Foreign Purchases (E.O.
12722, 12724, 13059, 13067, 13121, and 13129).

\_\_\_ (21) 52.225‑15, Sanctioned European Union Country End Products
(E.O. 12849).

\_\_\_ (22) 52.225‑16, Sanctioned European Union Country Services (E.O.
12849).

\_\_\_ (23) 52.232‑33, Payment by Electronic Funds Transfer‑‑Central
Contractor Registration (31 U.S.C. 3332).

\_X\_\_ (24) 52.232‑34, Payment by Electronic Funds Transfer‑‑Other than
Central Contractor Registration (31 U.S.C. 3332).

\_\_\_ (25) 52.232‑36, Payment by Third Party (31 U.S.C. 3332).

\_\_\_ (26) 52.239‑1, Privacy or Security Safeguards (5 U.S.C. 552a).

\_\_\_ (27)(i) 52.247‑64, Preference for Privately Owned U.S.‑Flag
Commercial Vessels (46 U.S.C. 1241).

\_\_\_ (ii) Alternate I of 52.247‑64.

\(c\) The Contractor shall comply with the FAR clauses in this paragraph
(c), applicable to commercial services, which the Contracting Officer
has indicated as being incorporated in this contract by reference to
implement provisions of law or executive orders applicable to
acquisitions of commercial items or components:

\_\_\_ (1) 52.222‑41, Service Contract Act of 1965, As Amended (41
U.S.C. 351, et seq.).

\_\_\_ (2) 52.222‑42, Statement of Equivalent Rates for Federal Hires
(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

\_\_\_ (3) 52.222‑43, Fair Labor Standards Act and Service Contract
Act‑‑Price Adjustment (Multiple Year and Option Contracts) (29 U.S.C.
206 and 41 U.S.C. 351, et seq.).

\_\_\_ (4) 52.222‑44, Fair Labor Standards Act and Service Contract
Act‑‑Price Adjustment (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

\_\_\_ (5) 52.222‑47, SCA Minimum Wages and Fringe Benefits Applicable
to Successor Contract Pursuant to Predecessor Contractor Collective
Bargaining Agreement (CBA) (41 U.S.C. 351, et seq.).

\_\_\_ (6) 52.222‑50, Nondisplacement of Qualified Workers (Executive
Order 12933).

\(d\) Comptroller General Examination of Record. The Contractor shall
comply with the provisions of this paragraph (d) if this contract was
awarded using other than sealed bid, is in excess of the simplified
acquisition threshold, and does not contain the clause at 52.215‑2,
Audit and Records‑‑Negotiation.

\(1\) The Comptroller General of the United States, or an authorized
representative of the Comptroller General, shall have access to and
right to examine any of the Contractor\'s directly pertinent records
involving transactions related to this contract.

\(2\) The Contractor shall make available at its offices at all
reasonable times the records, materials, and other evidence for
examination, audit, or reproduction, until 3 years after final payment
under this contract or for any shorter period specified in FAR Subpart
4.7, Contractor Records Retention, of the other clauses of this
contract. If this contract is completely or partially terminated, the
records relating to the work terminated shall be made available for 3
years after any resulting final termination settlement. Records relating
to appeals under the disputes clause or to litigation or the settlement
of claims arising under or relating to this contract shall be made
available until such appeals, litigation, or claims are finally
resolved.

\(3\) As used in this clause, records include books, documents,
accounting procedures and practices, and other data, regardless of type
and regardless of form. This does not require the Contractor to create
or maintain any record that the Contractor does not maintain in the
ordinary course of business or pursuant to a provision of law.

\(e\) Notwithstanding the requirements of the clauses in paragraphs (a),
(b), (c) or (d) of this clause, the Contractor is not required to
include any FAR clause, other than those listed below (and as may be
required by an addenda to this paragraph to establish the reasonableness
of prices under Part 15), in a subcontract for commercial items or
commercial components‑‑

\(1\) 52.222‑26, Equal Opportunity (E.O. 11246);

\(2\) 52.222‑35, Affirmative Action for Disabled Veterans and Veterans
of the Vietnam Era (38 U.S.C. 4212);

\(3\) 52.222‑36, Affirmative Action for Workers with Disabilities (29
U.S.C. 793);

\(4\) 52.247‑64, Preference for Privately‑Owned U.S. Flag Commercial
Vessels (46 U.S.C. 1241) (flow down not required for subcontracts
awarded beginning May 1, 1996); and

\(5\) 52.222‑41, Service Contract Act of 1965, As Amended (41 U.S.C.
351, et seq.). (End of clause)

  --------- ----------------------------- ------------------------------------------------ -----------------------------
  **2.3**   **[52.252-06]{.smallcaps}**   **[Authorized Deviations In                      **[01-Apr-84]{.smallcaps}**
                                          Clauses]{.smallcaps}**                           

  --------- ----------------------------- ------------------------------------------------ -----------------------------

\(a\) The use in this solicitation or contract of any Federal
Acquisition Regulation (48 CFR Chapter 1) clause with an authorized
deviation is indicated by the addition of \"(DEVIATION)\" after the date
of the clause.

  --------- ------------------------------ ------------------------------------------------ ---------------
  **2.4**   **[9.1510.037]{.smallcaps}**   **ELECTRONIC FUNDS TRANSFER PAYMENTS**           **08-Apr-98**

  --------- ------------------------------ ------------------------------------------------ ---------------

\(a\) Payment under this contract will be made by the Government by
electronic funds transfer (through the Treasury Fedline Payment System
(FEDLINE) or the Automated Clearing House (ACH).

\(b\) After award, but no later than 14 days before an invoice or
contract financing request is submitted, the Contractor shall designate
a financial institution for receipt of electronic funds transfer
payments (SF-3881), and shall submit this designation to the following
address:

Bureau of Land Management

National Business Center, BC-620

Denver Federal Center, Bldg. 50

P.O. Box 25047

Denver, CO 80225-0047

If a designation has been submitted to the Bureau of Land Management
under a previous contract it is not necessary to complete another
SF-3881 unless you are changing your designation of financial
institution. (End of Provision)

**[SEED REQUIREMENTS/ADDITIONAL TERMS AND CONDITIONS]{.underline}**

**SECTION 2.5 ADDENDUM - CONTRACT TERMS AND CONDITIONS - COMMERCIAL
ITEMS - SEED SPECIFICATIONS**

**2.5.1 CERTIFIED SEED AND SPECIFIED ORIGIN SEED REQUIREMENTS**

> Seed purchased as \"Certified\" shall conform to all requirements and
> standards for Certified seed of the state in which the seed was
> cleaned, bagged, and tagged. Seed shall be certified only by the
> legally authorized seed certifying agency in each state (i.e., Crop
> Improvement Association). Each bag of seed shall bear the official tag
> attached in the approved manner under the supervision of the
> certifying agency. The date of the latest certified germination tests
> with results shall be included on the analysis tag of each bag. **The
> analysis tag shall reference the lot number of the certified seed if
> an additional tracking lot number is assigned to the seed.** All costs
> of seed certification shall be included in the bidder\'s unit price.
> Classes of certified seed which will be recognized under the Contract
> are:
>
> a\. Certified seed of a plant species for which there are released
> varieties would be normally supplied as [Certified class]{.underline}
> (blue tag). [Foundation class]{.underline} (white tag), [Registered
> class]{.underline} (purple tag), [Tested class]{.underline} (blue tag)
> and [Selected class]{.underline} (green tag) are also acceptable as
> Certified class.
>
> b\. Seed of a plant species requested as [Source Identified
> class]{.underline} (yellow tag) shall be verified by the certifying
> agency as to the state, county, elevation, and latitude from which the
> seed lot was collected. Source Identified class seed will be accepted
> as Certified only if ASource Identified Class@ is specifically
> specified in the Schedule, Section 1. Labels or bag tags must also
> supply this information.
>
> c\. Seed of a plant species requested as [Specified
> Origin]{.underline} shall be labeled on the tags as to the state,
> county, elevation, and latitude from which the seed lot was collected.

**2.5.2 TETRAZOLIUM TESTS**

> All germinations will be determined using tetrazolium (TZ) tests.

**2.5.3 MOISTURE CONTENT**

> Moisture content of all Sagebrush, Fourwing Saltbush, and Shadscale
> seed as delivered to the government shall be less than or equal to 12%
> by weight. Moisture content of all other seed as delivered to the
> Government shall be less than or equal to 11% by weight. Samples will
> be taken within 12 hours of delivery. Seed exceeding the specified
> moisture content will be rejected unless it is in the Government=s
> best interest to accept the seed at a reduced price. See Section 2,
> paragraph 2.19 d. for reduction table.

**2.5.4 DEBEARDING**

a\. Awns shall be [completely]{.underline} removed and cleaned from
**Snake River Wheatgrass, Bluebunch Wheatgrass,** seed. **Bottlebrush
Squirreltail** seed shall be processed and cleaned so that a minimum of
90% of the individual seeds have less than 1/8\" in length of the awn
remaining. The remaining 10% of the seeds shall have awns less than
1/4\" in length. **Certified Sand Hollow Squirreltail** seed shall be
processed so that a minimum of 75% of the individual seeds have less
than 1/4\" in length of the awn remaining. The remaining 25% of the
seeds shall have awn less than 2\" in length. Awns will be measured from
the tip of the lemma on Squirreltail seed.

**2.5.5 CLEANING**

> All seed shall be cleaned so that no stems or debris longer than 3/4
> inch remain unless stated otherwise in these specifications. Awns
> removed from seeds shall be cleaned out of the seed. Seed will be
> visually inspected on a random basis.

**2.5.6 FOURWING SALTBUSH AND SHADSCALE SEED**

> a\. [Source Specification and Identification]{.underline} ‑ All
> Fourwing and Shadscale seed delivered under this Contract shall be
> collected from Idaho, Oregon, Washington, or Wyoming. Seed will also
> be accepted when collected from sites in Northern Utah, Nevada, or
> Colorado (north of 40 degrees north latitude). Seed from collection
> sites in Central Utah, Nevada, or Colorado (north of 38 degrees
> latitude and south of 40 degrees latitude) will also be accepted if
> collected from sites above 4,500 feet elevation. A signed source
> statement from the seed collector will be required upon delivery of
> any seed that is not Certified Source Identified class seed. The
> statement and bag labels, shall list the state, county, elevation and
> latitude from which each lot of seed was collected, referencing each
> lot number to ensure compliance with latitude and elevations
> requirements.
>
> b\. [Cleaning]{.underline} ‑ Fourwing and Shadscale seed shall be
> dewinged and cleaned.

**2.5.7 WYOMING, BASIN BIG, BUD AND LOW SAGEBRUSH SEED**

> a\. [Source Specification and Identification]{.underline} ‑ All
> Wyoming, Basin Big, Bud and Low Sagebrush seed delivered under this
> Contract shall be collected from Idaho, Oregon, Washington, Montana,
> or Wyoming. Seed will also be accepted when collected from sites in
> Northern Utah, Nevada, or Colorado (north of 40 degrees north
> latitude). Seed from collection sites in Central Utah, Nevada or
> Colorado (north of 38 degrees latitude and south of 40 degrees
> latitude) will be accepted if collected from sites above 3,000 feet
> elevation. A signed source statement from the seed collector will be
> required upon delivery of any seed that is not Certified Source
> Identified class seed. The statement shall list the state, county,
> elevation, and latitude from which each lot of seed was collected,
> referencing each lot number and a verification that each lot of seed
> was collected from [Atremesia]{.underline} [tridentata]{.underline}
> [wyomingensis]{.underline}, [Atremesia]{.underline}
> [tridentata]{.underline} [tridentata]{.underline} , or
> [Artemesia]{.underline} [Arbuscula]{.underline} plants

**2.5.8 MOUNTAIN BIG SAGEBRUSH SEED**

> a\. [Source Specification and Identification]{.underline} ‑ All
> Mountain Big Sagebrush seed delivered under this Contract shall be
> collected from Idaho, Oregon, Washington, Montana or Wyoming. Seed
> will also be accepted when collected from sites in Northern Utah,
> Nevada, or Colorado (north of 40 degrees north latitude). Seed from
> collection sites in Central Utah, Nevada, or Colorado (north of 38
> degrees latitude and south of 40 degrees latitude) will be accepted if
> collected from sites above 6,000 feet elevation. A signed source
> statement from the seed collector will be required upon delivery of
> any seed that is not Certified Source Identified class seed. The
> statement shall list the state, county, and elevation from which each
> lot of seed was collected, referencing each lot number and a
> verification that each lot of seed was collected from
> [Artemesia]{.underline} [tridentata]{.underline}
> [vaseyana]{.underline} plants.

**2.5.9 IMPORTED SEED**

> All seed imported from outside the United States shall comply with the
> importation laws of the Federal Seed Act and be cleared for admittance
> by the United States Department of Agriculture (USDA) prior to
> delivery. Imported seed shall be labeled according to the Federal Seed
> Act and proper USDA documentation shall be submitted to the COR prior
> to delivery.

**2.5.10 SEED MIXES**

> No seed mixes will be accepted. All seed shall contain less than 4
> percent of any crop seed or mixtures of crop seeds other than the
> specified species and/or variety.

**2.5.11 LICENSING REQUIREMENTS**

> All successful offerors shall comply with the Seed Dealers Licensing
> requirements of the Pure Seed Law for the State of Idaho for seed
> delivered to Idaho.

**[PACKAGING AND MARKING]{.underline}**

**2.5.12 BAGS AND LABELS**

> a\. All seed except Sagebrush seed shall be delivered in 50 lb bags.
> Sagebrush seed shall be delivered in 40 pound bags. All seed bags
> shall be sound, clean, and made from either standard poly, cotton, or
> woven sacks of similar strength and characteristics. Burlap bags will
> not be accepted. Paper bags will only be accepted when containing
> proprietary varieties of seed that are required to be bagged in bags
> with special markings. A label [must]{.underline} be attached to each
> bag of all seed stating the name and address of the shipper, the
> weight, kind, variety, purity, germination, source of origin of the
> seed, lot number, and purchase order or contract number and name and
> amounts of restricted weed seed therein. Tags for Fourwing Saltbush,
> Shadscale and Sagebrush seed shall include the state, county, and
> elevation of the origin of the seed. Certified seed shall have the
> required certified tags also attached. Seed of private varieties shall
> be marked as required by the owner of the variety.
>
> b\. The cost of the bags, labeling, inspections, and certifications
> (if required) shall be included in the bidder\'s price. The weight of
> the bags shall not be included in the stated weight of the seed
> delivered.

**[INSPECTION AND ACCEPTANCE]{.underline}**

**2.5.13 INSPECTION (TESTING) AND INITIAL ACCEPTANCE**

> All seed will be sampled and tested by the Government, as discussed
> below (paragraph 2.5.15) before final acceptance is made. Certified
> seed which fails germination or purity tests will be subject to the
> same procedures for retesting, rejection, replacement, etc., as
> non-certified seed. The Government may elect to accept certified
> without testing when it is advantageous for the Government to do so.
> The Government will comply with all noxious weed laws for the States
> of Idaho, Nevada, and Utah. Initial inspection and acceptance of all
> seed delivered hereunder shall be made at the point of destination as
> indicated in paragraph 2.5.23- Place of Delivery.

**2.5.14 FINAL ACCEPTANCE**

> Final acceptance of all seed to be delivered under this contract shall
> be the responsibility of the Contracting Officer. Quality of the
> deliverables is subject to verification by the Contracting Officer\'s
> Representative (COR), with final payment to be withheld pending
> completion of any necessary rework by the Contractor.

**2.5.15 TESTING PROCEDURES**

a\. [General]{.underline}

> The seed delivered under the contract(s) shall be subject to such
> inspection and tests as may be determined by the Contracting Officer
> to be necessary to ascertain conformance with the specifications
> stated herein. Acceptance of, or the waiving of the inspection and
> tests of any seed will in no way relieve the Contractor of the
> responsibility for furnishing seed meeting the requirements of the
> contract(s).

b\. [Testing Laboratories, Sampling Procedures]{.underline}

> The seed furnished will be tested for purity and germination (TZ).
> Initial tests will be done at a state seed laboratory that is most
> convenient for the field office that is sampling the seed. This may
> include the State Seed Laboratories in Idaho, Arizona, Washington,
> Oregon, Nevada, Utah, Colorado, and Montana. If subsequent testing is
> needed, the offeror may choose where testing is to be done, limited to
> the labs identified above. The location for subsequent tests, are to
> be specified in writing by the Contractor to the COR. In the instance
> of moisture content testing, only one retest may be requested. No
> other seed testing laboratories besides those listed above will be
> used. Samples will be drawn from each lot of seed delivered in
> accordance with the methods prescribed in the Journal of Seed
> Technology, Rules For Testing Seeds, Association of Official Seed
> Analysts (AOSA). Each lot will be tested separately. In lieu of the
> Government drawing samples of seed delivered, the contractor may
> furnish at the delivery point(s) sealed certified samples taken by a
> bonded, professional seed sampler; county agent; or by a
> Government‑approved seed sampler. In the latter case, approval of the
> individual seed sampler must be obtained in advance from the
> Contracting Officer by the Contractor. In submitting such samples, the
> Contractor\'s sampler must draw seed as prescribed by the AOSA and
> submit a certification to this effect with each sample. Enough
> samples, fully representative of each lot of seed furnished, must be
> supplied to provide seed for retesting, should this be necessary.
> SEED, FOR WHICH A SEALED CERTIFIED SAMPLE IS TAKEN BY A GOVERNMENT
> APPROVED SEED SAMPLER, SHALL BE DELIVERED BY THE DELIVERY DATE AS
> AWARDED. REPLACEMENT SEED, FOR WHICH A SEALED CERTIFIED SAMPLE IS
> TAKEN BY A GOVERNMENT APPROVED SEED SAMPLER SHALL BE DELIVERED WITHIN
> 10 DAYS OF NOTIFICATION OF REJECTION. Where more than one lot of seed
> is furnished under a single schedule item, payments will be made on
> the basis of the test results on each individual lot of seed making up
> the total quantity under such schedule item. Seed from individual lots
> not meeting the minimum requirements set forth in the Schedule will be
> subject to deductions or rejection, as hereinafter provided.

c\. [Seed Tests]{.underline}

> All germinations will be determined using tetrazolium (TZ) tests.

d\. [Acceptance]{.underline}

> FOR PLS: If the contractor delivers seed which falls below the minimum
> (% PLS) offered the following shall apply:
>
> \(1\) If the (% PLS) of the delivered seed is less than the offered
> (% PLS) (as computed from the percent purity and germination offered
> by the contractor in the Schedule), but is still within the acceptable
> tolerance shown below, the Government will accept the seed and make
> payment to the contractor at the unit price quoted in the Schedule.
>
> \(2\) If the (% PLS) of the delivered seed is less than the offered
> (% PLS), and is also below the acceptable tolerance, the Government,
> at its option, may elect to reject the seed and require the Contractor
> to replace the lot of seed rejected with seed meeting the offered (%
> PLS), or accept the seed and pay the Contractor at a reduced unit
> price computed as follows:

Reduced Unit Price = [Tested % PLS]{.underline} X Offered Unit Price

Offered % PLS

> Such payment at a reduced unit price shall be the full compensation
> due and payable to the Contractor for seed accepted under this
> condition.
>
> FOR MOISTURE CONTENT: If the Contractor delivers seed which exceeds
> the maximum allowable moisture content as specified in Section 2,
> paragraph 2.5.3, and as tested per paragraph 2.5.15(b), such seed
> shall be rejected by the Government, unless the Government elects to
> utilize the seed. If the seed is utilized then the following reduction
> amounts shall apply. The reduction shall be applied to the bulk price
> per pound at time of payment.

  ----------------------------------- -----------------------------------
  MOISTURE CONTENT (% which exceeds   REDUCTION APPLIED TO THE BULK PRICE
  the maximum allowable)              PER POUND

  0.01 - 1%                           5%

  1.01 - 2%                           15%

  2.01 - 3%                           25%

  3.01- 4%                            40%

  more than 4.01%                     50%
  ----------------------------------- -----------------------------------

> Such payment at a reduced unit price shall be the full compensation
> due and payable to the Contractor for seed accepted under this
> condition.

e\. [Acceptable Tolerances]{.underline}

> All seed delivered under this contract except Sagebrush seed will be
> allowed seven (7) tolerance (percentage) points. Sagebrush seed will
> be allowed three (3) tolerance points.

f\. [Retests]{.underline}

> FOR PLS: If the first tests of seed delivered by the Contractor
> indicate that the (% PLS) is below the (% PLS) offered and is also
> below the acceptable tolerance, the Government will immediately
> request a second series of tests on a new sample unless it is mutually
> agreed between the Contractor and the Government to base acceptance
> and payment on one test only.
>
> \(1\) If a second test is done, the results of the first and second
> tests will then be averaged for the purposes of final acceptance or
> rejection, as well as for payment, unless it is apparent that one of
> the tests is erroneous. One of the tests will be considered erroneous
> when the computed (% PLS) in the test varies by ten (10) percentage
> points or more from the computed (% PLS) in the prior test. A third
> test will be requested by the Government at Government expense. The
> two tests with the closest results will be averaged for the purpose of
> final acceptance or rejection as well as for payment.
>
> \(2\) If the first two tests vary by less than ten (10) percentage
> points and the contractor is in disagreement with the results obtained
> by the Government\'s tests, permission will be given for one more
> test, to be obtained at the Contractor\'s expense. If a third test is
> requested by the Contractor due to his disagreement with the first two
> test results, all three test results will be averaged for the purposes
> of final acceptance or rejection as well as for payment. In no event
> shall there be more than three (3) tests made on any lot of seed.
> Second and third tests will be performed at the same laboratory as the
> first test unless requested by the contractor in writing that the
> second and/or third tests be done by a different laboratory. No other
> seed testing laboratories besides the ones listed in paragraph 2.5.15
> b. will be used.
>
> \(3\) If there is an urgent need by the Government for use of the
> delivered seed before second or third test results are received, the
> Government will be allowed to use the seed. Acceptance and payment for
> all seed will be based on completed as well as pending test results in
> accordance with paragraph d. above.

FOR MOISTURE CONTENT: The Contractor may request a second test, at the
expense of the government, if the first test indicated a moisture
content that exceeded the allowable maximum amount. Both tests shall
then be averaged to determine the moisture content for which payment
shall be made. HOWEVER, the government reserves the right to reject the
seed after the first test and require replacement. (See paragraph g.)

g\. [Rejected Seed]{.underline}

> If seed delivered under the contract(s) is rejected, the Contractor
> must promptly replace such seed ([in no event, more than ten calendar
> days]{.underline}) and remove or cause to be removed the rejected
> seed. All freight and drayage charges in connection with seed that is
> rejected will be borne by the Contractor. If the rejected seed is not
> removed from the Government\'s warehouse or other delivery point
> within ten (10) calendar days from the date of receipt of notice of
> rejection the Government may elect to charge the contractor storage
> costs or may arrange for the seed to be shipped to the Contractor
> C.O.D. If storage costs are charged, they will be based on commercial
> rates for the area involved and will be deducted from payments
> otherwise due the Contractor, for each day exceeding 10 days until the
> seed is removed. The Contract will be given one opportunity to replace
> rejected seed. If reconditioned or replacement seed delivered is also
> rejected the Government may terminate the contract for cause.
> Reprocurement charges will be assessed to the Contractor if the seed
> is still needed, otherwise, actual damages will be assessed.

**2.5.16 DETERMINING PURE LIVE SEED CONTENT**

> For the purpose of determining the percentage of pure live seed (%
> PLS) and the pure live seed price (\$ PLS), the following formula
> shall be used:

[(% Purity) x (% Germination)]{.underline} = % PLS

100

[Offered Price \$]{.underline} = \$ PLS

\% PLS

**[DELIVERIES OR PERFORMANCE]{.underline}**

**2.5.17 52.211-8 TIME OF DELIVERY.**

> \(a\) The Government requires delivery to be made according to the
> following schedule:

[REQUIRED DELIVERY SCHEDULE]{.underline}

[ITEM NO.]{.underline} [QUANTITY]{.underline} [CALENDAR
DATE]{.underline}

> All Items REQUIRED on or before 01/10/01.
>
> Offered delivery dates after 01/10/01 will be considered nonresponsive
> and rejected. **The Offeror must provide a delivery date-see column 14
> of the schedule.**
>
> \(b\) Attention is directed to the Contract Award provision of the
> solicitation that provides that a written award or acceptance of offer
> mailed, or otherwise furnished to the successful offeror, results in a
> binding contract. The Government will mail or otherwise furnish to the
> offeror an award or notice of award not later than the day award is
> dated. Therefore, the offeror should compute the time available for
> performance beginning with the actual date of award, rather than the
> date the written notice of award is received from the Contracting
> Officer through the ordinary mails. However, the Government will
> evaluate an offer that proposes delivery based on the Contractor=s
> date of receipt of the contract or notice of award by adding (1) five
> calendar days for delivery of the award through the ordinary mails, or
> (2) one working day if the solicitation states that the contract or
> notice of award will be transmitted electronically. (The term Aworking
> day@ excludes weekends and U.S. Federal holidays.) If, as so computed,
> the offered delivery date is later than the required delivery date,
> the offer will be considered nonresponsive and rejected.

[OFFEROR\'S PROPOSED DELIVERY SCHEDULE]{.underline}

[ITEM NO.]{.underline} [QUANTITY]{.underline} [CALENDAR
DATE]{.underline}

> (NOTE: OFFEROR=s MUST INDICATE A PROPOSED DELIVERY DATE IN THE
> SCHEDULE OF SUPPLIES, LOCATED IN SECTION 1, COLUMN 14).

**2.5.18 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: Zero Percent
> increase; Zero Percent decrease. This increase or decrease shall apply
> to all items.
>
> (End of clause)

**2.5.19 52.211-17 DELIVERY OF EXCESS QUANTITIES. (SEP 1989)**

> The Contractor is responsible for the delivery of each item quantity
> within allowable variations, if any. If the Contractor delivers and
> the Government receives quantities of any item in excess of the
> quantity called for (after considering any allowable variation in
> quantity), such excess quantities will be treated as being delivered
> for the convenience of the Contractor. The Government may retain such
> excess quantities up to \$250 in value without compensating the
> Contractor therefore, and the Contractor waives all right, title, or
> interests therein. Quantities in excess of \$250 will, at the option
> of the Government, either be returned at the Contractor\'s expense or
> retained and paid for by the Government at the contract unit price.
> (End of clause)

**2.5.20 52.242-17 GOVERNMENT DELAY OF WORK. APR 1984**

**2.5.21 52.247-35 F.O.B. DESTINATION WITHIN CONSIGNEE\'S PREMISES.(APR
1984)**

> \(a\) The term \"f.o.b. destination, within consignee\'s premises\",
> as used in this clause, means free expense to the Government delivered
> and laid down within the doors of the consignee\'s premises, including
> delivery to specific rooms within a building if so specified.
>
> \(b\) The Contractor shall -
>
> \(1\) (I) Pack and mark the shipment to comply with contract
> specifications; or
>
> \(ii\) In the absence of specifications, prepare the shipment in
> conformance with carrier requirements;
>
> \(2\) Prepare and distribute commercial bills of lading;
>
> \(3\) Deliver the shipment in good order and condition to the point of
> delivery specified in the contract;
>
> \(4\) Be responsible for any loss of and/or damage to the goods
> occurring before receipt of the shipment by the consignee at the
> delivery point specified in the contract;
>
> \(5\) Furnish a delivery schedule and designate the mode of delivering
> carrier; and
>
> \(6\) Pay and bear all charges to the specified point of delivery.

**2.5.22 F.O.B. DELIVERY REQUIREMENTS**

> All seed delivered as a result of this solicitation must be delivered
> to the Bureau of Land Management locations as specified below (see
> paragraph 2.5.23 below). **The Contractor shall supply one capable
> person to assist a Government official with unloading the seed at the
> specified destination unless all seed is supplied shrink‑wrapped on
> pallets.** If contractor uses a contract (third party) carrier to ship
> seed, they are still required to provide one person to help unload
> seed if it does not arrive in shrink-wrapped pallets. Seed shall not
> be unloaded without a Government official present. Offeror\'s price(s)
> must include the cost of these delivery requirements. In the event the
> Government must move the seed because it was delivered and unloaded in
> the wrong place, the Government will charge the Contractor the actual
> cost incurred by the Government in performing these services. Seed
> damaged due to improper handling or protection from the elements will
> not be accepted.

**2.5.23 PLACE OF DELIVERY**

Seed shall be delivered to the following locations:

**IDAHO**
**\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**

> BOI = Boise Invoice Address:
>
> Bureau of Land Management Bureau of Land Management
>
> Idaho Regional Seed Warehouse Attn: Cindy Fritz (ID-090)
>
> 1962 Commerce Ave. 3948 Development Ave.
>
> Boise, ID 83705 Boise, ID 83705

Cindy Fritz 208/384-3416 or 208/384-3313

> SHO = Shoshone Invoice Address:
>
> Bureau of Land Management - Shoshone Same as place of delivery
>
> 400 West F Street Attn: Scott Uhrig (ID-076)

Shoshone, ID 83352

Scott Uhrig 208/ 886-7232 or 208/886-2206

**UTAH
\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**

> SLC = Salt Lake Field Office Invoice Address:
>
> BLM - Salt Lake Field Office BLM-Salt Lake Field Office

4453 West 1730 South ATTN: Gary Wieser (UT-020)

> West Valley City, UT 84119 2370 South 2300 West
>
> Gary Wieser 801/977-4330 or 801/977-4300 West Valley City, UT 84119

**NEVADA
\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**

> BTM = Battle Mountain Invoice Address:
>
> Battle Mountain Field Office Same as place of delivery
>
> 50 Bastian Road Attn: Jack Hamby (NV-060)

Battle Mountain, NV 89820

Jack Hamby 775/635-4105

> WIN = Winnemucca Invoice Address:
>
> Winnemucca Winnemucca Field Office
>
> 4610 and 4612 S. Grass Valley Road Attn: Jim Case (NV-020)
>
> Winnemucca, NV 89445 5100 East Winnemucca Blvd.
>
> Jim Case 775/623-1545 Winnemucca, NV 89445
>
> ELY = Ely Invoice Address:
>
> BLM - Ely Field Office BLM-Ely Field Office
>
> 702 North Industrial Way Attn: Harry Rhea (NV-040)
>
> Ely, NV 89301 HC33 Box 33500
>
> Harry Rhea 775/289-1848 Ely, NV 89301

ELK = Elko

> BLM - Elko Field Office Invoice Address:
>
> 3900 Idaho St. Same as place of delivery
>
> Elko, NV 89801 Attn: Stan Kemmerer (NV-010)

Stan Kemmerer 775/753-0324 or 775/753-0200

> CSC = Carson City Invoice Address:
>
> BLM - Carson City Field Office Same as place of delivery
>
> 5665 Morgan Mill Road Attn: Jim DeLaureal (NV-030)

Carson City, NV 89701

Jim DeLaureal 775/885-6154

**2.5.24 DELIVERY NOTIFICATION**

> The Contractor will be **[required]{.underline}** to notify the
> Government at the above telephone numbers at least two (2) working
> days prior to delivery to arrange for unloading at the destination.
> Delivery shall be made between the hours of 8:00 a.m. and 3:00 p.m.,
> Monday through Friday, holidays excluded. Consideration to the
> Government for late deliveries will be exercised.

**2.5.25 TRANSPORTATION CHARGES**

> All costs of transportation, from shipping point(s) to the destination
> shall be paid by the Contractor and included in his price bid for the
> item(s). The Contractor shall be responsible for any/all damages
> occurring in transit.

**[CONTRACT ADMINISTRATION DATA]{.underline}**

**2.5.26 PROCUREMENT OFFICE REPRESENTATIVE**

The Procurement Office Representative for this requirement is:

Barbara Bellio

Bureau of Land Management, BC-660

Building 50, Denver Federal Center

P.O. Box 25047

Denver, CO 80225-0047

Telephone: (303) 236-9438

**2.5.27 CONTRACTING OFFICER\'S REPRESENTATIVE (COR)**

> The COR and/or Project Inspector (PI) will be appointed by the
> Contracting Officer upon award of the contract. Such COR/PI will be
> responsible for giving the Contractor any special instructions or
> guidance necessary to complete delivery as required by the contract.
> The COR or PI does not have the authority to modify or in any way
> amend the terms of this contract.

**2.5.28 DESIGNATED GOVERNMENT OFFICE FOR SUBMITTING PROPER INVOICE**

> Use the address indicated under place of delivery, see paragraph
> 2.5.23 above.

**[SPECIAL CONTRACT REQUIREMENTS]{.underline}**

**2.5.29 FEDERAL SEED ACT, DESTINATION STATE LAWS, NOXIOUS WEEDS - STATE
LAWS**

> All seed offered must meet all requirements of the Federal Seed Act (7
> U.S.C. Secs. 1551‑1610 incl.) and the seed laws of the states of
> Idaho, Nevada, and Utah.

**2.5.30 PAYMENT**

> a\. Payment will be made in accordance with Section 2, paragraph
> 2.5.15 \"TESTING PROCEDURES\" paragraphs d.(1) and (2), herein, for
> seed accepted by the Government after completion of all required tests
> for purity and germination.
>
> b\. [Time Discounts]{.underline} - Time Discounts, if offered, will
> start from the date of receipt of the official test results by the
> Bureau of Land Management showing the seed as initially delivered, or
> as redelivered in the event of an originally rejected lot, to be
> satisfactory to the Government as to (%PLS); or from the date of
> receipt of a proper invoice or voucher, whichever is the later.
> Partial payments made under this contract(s) shall in no way relieve
> the Contractor of the responsibility to replace any seed which is
> finally rejected as unsatisfactory. If a lot of seed is finally
> rejected and the Contractor fails or refuses to replace the rejected
> seed within the period of time specified in paragraph 2.5.15 \"TESTING
> PROCEDURES\" paragraph g. of Section 2, herein, the Government shall
> have the right to obtain the seed from other source or sources, and
> charge any excess costs incurred to the Contractor\'s account.

**[[SECTION 3 \-- Representations, Certifications and Other Statements
of Offerors]{.smallcaps}]{.underline}**

  --------- ----------------------------- ------------------------------------------------ ---------
  **3.1**   **[52.212-03]{.smallcaps}**   **[Offeror Representations And Certifications -  **OCT
                                          Commercial Items.]{.smallcaps}**                 2000**

  --------- ----------------------------- ------------------------------------------------ ---------

\(a\) 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
standard industrial classification code designated.

\"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.

\"Women‑owned small business concern\" means a small business concern‑‑

\(1\) 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

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

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

\(b\) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C.
7701). (Not applicable if the offeror is required to provide this
information to a central contractor registration database to be eligible
for award.)

\(1\) All offerors must submit the information required in paragraphs
(b)(3) through (b)(5) of this provision to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of
26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by
the Internal Revenue Service (IRS).

\(2\) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror\'s relationship with the
Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject
to the payment reporting requirements described in FAR 4.904, the TIN
provided hereunder may be matched with IRS records to verify the
accuracy of the offeror\'s TIN.

\(3\) Taxpayer Identification Number (TIN).

\_\_\_\_ TIN: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\_\_\_\_ TIN has been applied for.

\_\_\_\_ TIN is not required because:

\_\_\_\_ Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the United States and does not have an
office or place of business or a fiscal paying agent in the

United States;

\_\_\_\_ Offeror is an agency or instrumentality of a foreign
government;

\_\_\_\_ Offeror is an agency or instrumentality of the Federal
Government.

\(4\) Type of organization.

\_\_\_\_ Sole proprietorship;

\_\_\_\_ Partnership;

\_\_\_\_ Corporate entity (not tax‑exempt);

\_\_\_\_ Corporate entity (tax‑exempt);

\_\_\_\_ Government entity (Federal, State, or local);

\_\_\_\_ Foreign government;

\_\_\_\_ International organization per 26 CFR 1.6049‑4;

\_\_\_\_ Other \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\(5\) Common parent.

\_\_\_\_ Offeror is not owned or controlled by a common parent;

\_\_\_\_ Name and TIN of common parent:

Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

TIN \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\(c\) Offerors must complete the following representations when the
resulting contract is to be performed inside the United States, its
territories or possessions, Puerto Rico, the Trust Territory of the
Pacific Islands, or the District of Columbia. 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.

\(2\) 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.

\(3\) 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)(4) and (c)(5) only if this solicitation is
expected to exceed the simplified acquisition threshold.

\(4\) 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.

\(5\) 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:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(6\) Small Business Size for the Small Business Competitiveness
Demonstration Program and for the Targeted Industry Categories under the
Small Business Competitiveness Demonstration Program. \[Complete only if
the offeror has represented itself to be a small business concern under
the size standards for this solicitation.\]

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

\(ii\) \[Complete only for solicitations indicated in an addendum as
being for one of the targeted industry categories (TICs) or four
designated industry groups (DIGs).\] 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):

Number of Average Annual Gross

Employees 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

\(7\) \[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)(7)(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:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.\]

\(d\) 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 to the Equal Opportunity clause of this
solicitation; 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 parts 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.

\(f\) Buy American Act‑‑Balance of Payments Program Certificate.
(Applies only if the clause at Federal Acquisition Regulation (FAR)
52.225‑1, Buy American Act‑‑Balance of Payments Program‑‑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 as
defined in the clause of this solicitation entitled \"Buy American
Act‑‑Balance of Payments Program‑‑Supplies\" and that 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.

\(2\) Foreign End Products:

Line Item No Country of Origin

***(See Schedule-Column 15)- \[List as necessary\]***

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

(g)(1) Buy American Act‑‑North American Free Trade Agreement‑‑Israeli
Trade Act‑‑Balance of Payments Program Certificate. (Applies only if the
clause at FAR 52.225‑3, Buy American Act‑‑North American Free Trade
Agreement‑‑Israeli Trade Act‑‑Balance of Payments Program, 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 as defined in the clause of this solicitation entitled \"Buy
American Act‑‑North American Free Trade Agreement‑‑Israeli Trade
Act‑‑Balance of Payments Program\" and that the offeror has considered
components of unknown origin to have been mined, produced, or
manufactured outside the United States.

\(ii\) The offeror certifies that the following supplies are NAFTA
country end products or Israeli end products as defined in the clause of
this solicitation entitled \"Buy American Act‑‑North American Free Trade
Agreement‑‑Israeli Trade Act‑‑Balance of Payments Program\":

NAFTA Country or Israeli End Products:

Line Item No Country of Origin

***(See Schedule-Column 15)- \[List as necessary\]***

\(iii\) The offeror shall list those supplies that are foreign end
products (other than those listed in paragraph (g)(1)(ii) of this
provision) as defined in the clause of this solicitation entitled \"Buy
American Act‑‑North American Free Trade Agreement‑‑Israeli Trade

Act‑‑Balance of Payments Program.\" The offeror shall list as other
foreign end products those end products manufactured in the

United States that do not qualify as domestic end products.

Other Foreign End Products:

Line Item No Country of Origin

***(See Schedule-Column 15)- \[List as necessary\]***

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

\(2\) Buy American Act‑‑North American Free Trade Agreements‑‑Israeli
Trade Act‑‑Balance of Payments Program Certificate,

Alternate I (Feb 2000). If Alternate I to the clause at FAR 52.225‑3 is
included in this solicitation, substitute the following paragraph

(g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are
Canadian end products as defined in the clause of this solicitation
entitled

\"Buy American Act‑‑North American Free Trade Agreement‑‑Israeli Trade
Act‑‑Balance of Payments Program\":

Canadian End Products:

***(See Schedule-Column 15)- \[List as necessary\]***

\(3\) Buy American Act‑‑North American Free Trade Agreements‑‑Israeli
Trade Act‑‑Balance of Payments Program Certificate,

Alternate II (Feb 2000). If Alternate II to the clause at FAR 52.225‑3
is included in this solicitation, substitute the following paragraph

(g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are
Canadian end products or Israeli end products as defined in the clause
of

this solicitation entitled \"Buy American Act‑‑North American Free Trade
Agreement‑‑Israeli Trade Act‑‑Balance of Payments

Program\":

Canadian or Israeli End Products: ***(See Schedule-Column 15)- \[List as
necessary\]***

\(4\) Trade Agreements Certificate. (Applies only if the clause at FAR
52.225‑5, Trade Agreements, is included in this solicitation.)

\(i\) The offeror certifies that each end product, except those listed
in paragraph (g)(4)(ii) of this provision, is a U.S.‑made, designated

country, Caribbean Basin country, or NAFTA country end product, as
defined in the clause of this solicitation entitled \"Trade

Agreements.\"

\(ii\) The offeror shall list as other end products those end products
that are not U.S.‑made, designated country, Caribbean Basin

country, or NAFTA country end products.

Other End Products: ***(See Schedule-Column 15)- \[List as
necessary\]***

\(iii\) The Government will evaluate offers in accordance with the
policies and procedures of FAR Part 25. For line items subject to the
Trade Agreements Act, the Government will evaluate offers of U.S.‑made,
designated country, Caribbean Basin country, or NAFTA country end
products without regard to the restrictions of the Buy American Act or
the Balance of Payments Program. The Government will consider for award
only offers of U.S.‑made, designated country, Caribbean Basin country,
or NAFTA country end products unless the Contracting Officer determines
that there are no offers for such products or that the offers for such
products are insufficient to fulfill the requirements of the
solicitation.

\(h\) Certification Regarding Debarment, Suspension or Ineligibility for
Award (Executive Order 12549). The offeror certifies, to the best of its
knowledge and belief, that‑‑

\(1\) The offeror and/or any of its principals \_\_\_\_ are, \_\_\_\_
are not presently debarred, suspended, proposed for debarment, or
declared ineligible for the award of contracts by any Federal agency;
and

\(2\) \_\_\_\_ Have, \_\_\_\_ have not, within a three‑year period
preceding this offer, been convicted of or had a civil judgment rendered
against them for: commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a
Federal, state or local government contract or subcontract; violation of
Federal or state antitrust statutes relating to the submission of
offers; or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, tax
evasion, or receiving stolen property; and \_\_\_\_ are, \_\_\_\_ are
not presently indicted for, or otherwise criminally or civilly charged
by a Government entity with, commission of any of these offenses. (End
of provision)

  --------- ----------------------------- ------------------------------------------------ -----------------------------
  **3.2**   **[52.252-05]{.smallcaps}**   **[Authorized Deviations In                      **[01-Apr-84]{.smallcaps}**
                                          Provisions]{.smallcaps}**                        

  --------- ----------------------------- ------------------------------------------------ -----------------------------

\(a\) The use in this solicitation of any Federal Acquisition Regulation
(48 CFR Chapter 1) provision with an authorized deviation is indicated
by the addition of\"(DEVIATION)\" after the date of the provision.

**[SECTION 4 \-- Instructions, Conditions and Notices to
Bidders]{.underline}**

  --------- ----------------------------- --------------------------------------------- ---------------------
  **4.1**   **[52.212-01]{.smallcaps}**   **[INSTRUCTION TO OFFERORS - COMMERCIAL ITEMS **[MARCH
                                          \-- DEPARTMENT OF THE INTERIOR                2000]{.smallcaps}**
                                          (DEVIATION)]{.smallcaps}**                    

  --------- ----------------------------- --------------------------------------------- ---------------------

\(a\) Standard industrial classification (SIC) code and small business
size standard. The SIC code and small business size standard

for this acquisition appear in Block 10 of the solicitation cover sheet
(SF 1449). However, the small business size standard for a

concern which submits an offer in its own name, but which proposes to
furnish an item which it did not itself manufacture, is 500

employees.

\(b\) Submission of offers. Submit signed and dated offers to the office
specified in this solicitation at or before the exact time specified

in this solicitation. Offers may be submitted on the SF 1449, letterhead
stationery, or as otherwise specified in the solicitation. As a

minimum, **offers must show**B

\(1\) The solicitation number;

\(2\) The time specified in the solicitation for receipt of offers;

\(3\) The name, address, telephone number, fax number and e-mail of the
offeror;

\(4\) A technical description of the items being offered in sufficient
detail to evaluate compliance with the requirements in the solicitation.

This may include product literature, or other documents, if necessary;

\(5\) Terms of any express warranty;

\(6\) Price and any discount terms;

\(7\) \"Remit to\" address, if different than mailing address;

\(8\) A completed copy of the representations and certifications at FAR
52.212‑3;

\(9\) Acknowledgment of Solicitation Amendments;

\(10\) Past performance information, when included as an evaluation
factor, to include recent and relevant contracts for the same or similar
items and other references (including contract numbers, points of
contact with telephone numbers and other relevant information); and

\(11\) If the offer is not submitted on the SF 1449, include a statement
specifying the extent of agreement with all terms, conditions, and

provisions included in the solicitation. Offers that fail to furnish
required representations or information, or reject the terms and
conditions of the solicitation may be excluded from consideration.

\(c\) Period for acceptance of offers. The offeror agrees to hold the
prices in its offer firm for 30 calendar days from the date specified

for receipt of offers, unless another time period is specified in an
addendum to the solicitation.

\(d\) Product samples. When required by the solicitation, product
samples shall be submitted at or prior to the time specified for receipt
of offers. Unless otherwise specified in this solicitation, these
samples shall be submitted at no expense to the Government, and returned
at the sender\'s request and expense, unless they are destroyed during
preaward testing.

\(e\) Multiple offers. Offerors are encouraged to submit multiple offers
presenting alternative terms and conditions or commercial items for
satisfying the requirements of this solicitation. Each offer submitted
will be evaluated separately.

\(f\) Late submissions, modifications, revisions, and withdrawals of
offers. (1) Offerors are responsible for submitting offers, and any
modifications, revisions, or withdrawals, so as to reach the Government
office designated in the solicitation by the time specified in the
solicitation. If no time is specified in the solicitation, the time for
receipt is 4:30 p.m., local time, for the designated Government office
on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer
received at the Government office designated in the solicitation after
the exact time specified for receipt of offers is \"late\" and will not
be considered unless it is received before award is made, the
Contracting Officer determines that accepting the late offer would not
unduly delay the acquisition; and‑‑

\(A\) If it was transmitted through an electronic commerce method
authorized by the solicitation, it was received at the initial point of
entry to the Government infrastructure not later than 5:00 p.m. one
working day prior to the date specified for receipt of offers; or

\(B\) There is acceptable evidence to establish that it was received at
the Government installation designated for receipt of offers and was
under the Government\'s control prior to the time set for receipt of
offers; or

\(C\) If this solicitation is a request for proposals, it was the only
proposal received.

\(ii\) However, a late modification of an otherwise successful offer,
that makes its terms more favorable to the Government, will be
considered at any time it is received and may be accepted.

\(3\) Acceptable evidence to establish the time of receipt at the
Government installation includes the time/date stamp of that
installation on the offer wrapper, other documentary evidence of receipt
maintained by the installation, or oral testimony or statements of
Government personnel.

\(4\) If an emergency or unanticipated event interrupts normal
Government processes so that offers cannot be received at the

Government office designated for receipt of offers by the exact time
specified in the solicitation, and urgent Government requirements

preclude amendment of the solicitation or other notice of an extension
of the closing date, the time specified for receipt of offers will be
deemed to be extended to the same time of day specified in the
solicitation on the first work day on which normal Government

processes resume.

\(5\) Offers may be withdrawn by written notice received at any time
before the exact time set for receipt of offers. Oral offers in response
to oral solicitations may be withdrawn orally. If the solicitation
authorizes facsimile offers, offers may be withdrawn via facsimile
received at any time before the exact time set for receipt of offers,
subject to the conditions specified in the solicitation concerning
facsimile offers. An offer may be withdrawn in person by an offeror or
its authorized representative if, before the exact time set for receipt
of offers, the identity of the person requesting withdrawal is
established and the person signs a receipt for the offer.

\(g\) Contract award (not applicable to Invitation for Bids). The
Government intends to evaluate offers and award a contract without
discussions with offerors. Therefore, the offeror\'s initial offer
should contain the offeror\'s best terms from a price and technical
standpoint. However, the Government reserves the right to conduct
discussions if later determined by the Contracting Officer to be
necessary. The Government may reject any or all offers if such action is
in the public interest; accept other than the lowest offer; and waive
informalities and minor irregularities in offers received.

\(h\) Multiple awards. The Government may accept any item or group of
items of an offer, unless the offeror qualifies the offer by specific
limitations. Unless otherwise provided in the Schedule, offers may not
be submitted for quantities less than those specified. The Government
reserves the right to make an award on any item for a quantity less than
the quantity offered, at the unit prices offered,

unless the offeror specifies otherwise in the offer.

\(i\) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial
Item Descriptions, FPMR Part 101‑29, and copies of specifications,
standards, and commercial item descriptions cited in this solicitation
may be obtained for a fee by submitting a request toB

GSA Federal Supply Service Specifications Section

Suite 8100

470 East L\'Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619‑8925

Facsimile (202) 619‑8978.

\(ii\) If the General Services Administration, Department of
Agriculture, or Department of Veterans Affairs issued this solicitation,
a

single copy of specifications, standards, and commercial item
descriptions cited in this solicitation may be obtained free of charge
by

submitting a request to the addressee in paragraph (i)(1)(i) of this
provision. Additional copies will be issued for a fee.

\(2\) The DoD Index of Specifications and Standards (DoDISS) and
documents listed in it may be obtained from the‑‑

Department of Defense Single Stock Point (DoDSSP)

Building 4, Section D

700 Robbins Avenue

Philadelphia, PA 19111‑5094

Telephone (215) 697‑2667/2179

Facsimile (215) 697‑1462.

\(i\) Automatic distribution may be obtained on a subscription basis.

\(ii\) Order forms, pricing information, and customer support
information may be obtained‑‑

\(A\) By telephone at (215) 697‑2667/2179; or

\(B\) Through the DoDSSP Internet site at http://assist.daps.mil.

\(3\) Nongovernment (voluntary) standards must be obtained from the
organization responsible for their preparation, publication, or

maintenance.

\(j\) Data Universal Numbering System (DUNS) Number. (Applies to offers
exceeding \$25,000.) The offeror shall enter, in the block

with its name and address on the cover page of its offer, the annotation
\"DUNS\" followed by the DUNS number that identifies the

offeror\'s name and address. If the offeror does not have a DUNS number,
it should contact Dun and Bradstreet to obtain one at no

charge. An offeror within the United States may call 1‑800‑333‑0505. The
offeror may obtain more information regarding the DUNS

number, including locations of local Dun and Bradstreet Information
Services offices for offerors located outside the United States,

from the Internet home page at http://www.customerservice@dnb.com. If an
offeror is unable to locate a local service center, it may

send an e‑mail to Dun and Bradstreet at globalinfo@mail.dnb.com. (End of
Provision)

**SECTION 4 ADDENDUM - INSTRUCTIONS TO OFFERORS**

**4.2 52.215-5 FACSIMILE/E-MAIL PROPOSALS (OCT 1997)**

> \(a\) Definition. Facsimile/e-mail proposal, as used in this
> provision, means a proposal, revision or modification of a proposal,
> or withdrawal of a proposal that is transmitted to and received by the
> Government via facsimile machine or e-mail.
>
> \(b\) Offerors may submit facsimile proposals or e-mail as responses
> to this solicitation. Facsimile/e-mail proposals are subject to the
> same rules as paper proposals.
>
> \(c\) The telephone number of receiving facsimile equipment is:
>
> \(1\) Telephone number of receiving facsimile equipment:
> **(303)236-9421**.
>
> \(2\) Compatibility characteristics of receiving facsimile equipment
> (e.g., make and model number, receiving speed, communications
> protocol):
>
> Make and Model: Bother Intellifax 1270
>
> Receiving speed: up to 9600
>
> Communications Protocol: Group 3

\(3\) All Fax pages must at a minimum be identified with your Company
Name or individual name.

> \(d\) The e-mail address to send offers to is
> [bbellio@blm.gov.]{.underline} E-mail submissions shall consist of the
> following 2 files and FAX:

1\) The Excel spreadsheet file.

> 2\) A Word or WordPerfect file containing a completed Section 3 -
> Offeror Representations, Certification and Other Statements of
> Offerors.
>
> 3\) A Fax of a completed SF-1449 (MANDATORY)-this must be received
> on-time (see block 8 of the SF-1449).
>
> \(i\) The Excel spreadsheet (your seed offer file) shall be named
> according to the following format:

Your Company Name Solicitation Number and the word OFFER . XLS

> (e.g. SeedsIncNAR010014Offer.xls) Note: xls is the extension that is
> automatically assigned by Excel.
>
> \(ii\) The Word/WordPerfect file shall be named according to the
> following format:

Your Company Name Solicitation Number and the word CERTS.XXX

> (e.g., SeedsIncNAR010014CERTS.XXX XXX=doc for Word and wpd for
> WordPerfect).
>
> \(e\) If any portion of a facsimile or e-mail proposal received by the
> Contracting Officer is unreadable to the degree that conformance to
> the essential requirements of the solicitation cannot be ascertained
> from the document\--
>
> \(1\) The Contracting Officer immediately shall notify the offeror and
> permit the offeror to resubmit the proposal;
>
> \(2\) The method and time for resubmission shall be prescribed by the
> Contracting Officer after consultation with the offeror; and
>
> \(3\) The resubmission shall be considered as if it were received at
> the date and time of the original unreadable submission for the
> purpose of determining timeliness, provided the offeror complies with
> the time and format requirements for resubmission prescribed by the
> Contracting Officer.
>
> \(f\) The Government reserves the right to make award solely on the
> facsimile/e-mail proposal. However, if requested to do so by the
> Contracting Officer, the apparently successful offeror promptly shall
> submit the complete original signed proposal.

\(g\) Award notice may be made in the same manner in which the offer was
received.

**4.3 REFERENCES**

> If you or your firm has not received a prior Contract Award from this
> office for seed please submit with your offer the following reference
> information:
>
> 1\) A minimum of 3 references for recent and relevant contracts for
> the same or similar items (including contract numbers, points of
> contact with telephone numbers and other relevant information). Please
> provide reference information for contacts you have sold seed to.

2\) Bank information - include Bank Name, Contact name, phone number,
and account numbers.

**[SECTION 5 \-- Evaluation Factors for Award]{.underline}**

  --------- ----------------------------- ------------------------------------------------ ---------------------
  **5.1**   **[52.212-02]{.smallcaps}**   **[Evaluation - Commercial Items]{.smallcaps}**  **[JAN
                                                                                           1999]{.smallcaps}**

  --------- ----------------------------- ------------------------------------------------ ---------------------

> \(a\) The Government will award a contract resulting from this
> solicitation to the responsible offeror whose offer conforming to the
> solicitation will be most advantageous to the Government, price and
> other factors considered. The following factors shall be used to
> evaluate offers:
>
> 1\) Pure live seed (PLS) rating - A (PLS) rating that meets or exceeds
> the government=s minimum PLS rating shall be considered for award.
> (Go - no go criteria). Any seed that is offered with a rating less
> than the minimum PLS rating specified shall not be evaluated or
> considered for award.
>
> 2\) Past Performance.
>
> 3\) Lowest (PLS) price.
>
> PLS rating is a Ago - no go@ criteria. Past performance (Factor 2) is
> more important than lowest PLS price (Factor 3). See the Addendum to
> this clause for specific details regarding evaluation.
>
> \(b\) 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)

**[SECTION 5 ADDENDUM - Evaluation - Commercial Items]{.underline}**

**5.2 BASIS FOR AWARD**

> a\. Award(s) for the items specified in this solicitation may be made
> by item or as may otherwise be in the best interest and most
> advantageous to the Government, price and other factors considered.
> Certified seed shall be preferred over non-certified seed and specific
> varieties of seed listed first in any one item shall be preferred over
> a subsequent variety within the item number (i.e.,1A shall be
> preferred over 1B, 1B shall be preferred over 1C,). The Government
> reserves the right to award on any item offered in any category, or a
> combination of the categories. The total amount of seed purchased will
> not exceed 370,000 pounds, considering all items and combinations of
> certified and non-certified seed.   Award [may]{.underline} be made on
> higher PLS priced certified seed versus a non-certified PLS priced
> seed of the same variety. The Government reserves the right to award
> on any item offered in any category, or a combination of the
> categories. The last letter of the item number distinguishes between
> certified and non-certified seed. (The letter AA@ denotes certified
> seed or certified-source identified class, the letter AB@ denotes
> non-certified or non-certified specified origin, the letter AC@
> denotes non-certified or non-certified VNS, or non-certified origin
> not specified). All awards will be evaluated (sorted from lowest to
> highest PLS price offered) for each item number with consideration
> given to past performance [for that item.]{.underline} Poor past
> performance for an item shall be evaluated based on seed delivered
> under prior BLM contracts. Performance factors are based on reductions
> taken due to PLS rating testing below the allowable tolerance points.
> Other factors to be considered may include: reductions taken for late
> delivery, reductions taken due to high moisture content, rejections
> for any reason, i.e, noxious weed content, experience and record of
> terminations for cause. Past performance evaluation may result in
> award being made to other than the lowest PLS price offer. Delivery is
> REQUIRED on or before 1/10/01.
>
> Award amount will be for bulk price per pound. If one offeror receives
> award of more than one item, it will be required to perform
> simultaneously.
>
> b\. Offers may be made on such quantities of seed as offeror is able
> to furnish. The Government reserves the right to make an award for any
> quantity, at the unit prices quoted, if it is in the best interest of
> the Government to do so.

**5.3 DETERMINING PURE LIVE SEED CONTENT**

> Offeror=s must insert, in the spaces provided in Section 1 (The
> Schedule) the percent of purity and germination of the seed offered
> under each item. Failure to furnish this data for an item on which an
> offer is made, will result in rejection of that item. For the purpose
> of determining the percentage of pure live seed (% PLS) and the pure
> live seed price (\$ PLS), the following formula shall be used:

[(Purity %) x (Germination %)]{.underline}

> 100 = % PLS

[Offered Price \$]{.underline}

> \% PLS = \$ PLS
>
> The PLS rating and PLS price shall be stated to a maximum of 4 decimal
> places, rounding the 4th place up if the 5 decimal place is 5 and
> above.
>
> In case of mathematical discrepancies between purity, germination, %
> PLS, and \$ PLS, purity and germination will govern along with unit
> price.

**5.4 VERIFICATION OF OFFERED PRICES/EXTENDED AMOUNTS**

> a\. For the purpose of initial verification/evaluation of offers, the
> following procedures will be utilized in resolving arithmetic
> discrepancies found on the face of the schedule as submitted by
> offerors:
>
> \(1\) In case of discrepancies between unit prices and extended
> prices, unit prices will govern;
>
> \(2\) Obviously misplaced decimal points will be corrected;
>
> \(3\) Apparent errors in extensions of unit prices will be corrected;
> and,
>
> \(4\) Apparent errors in addition of lump-sums and extended prices
> will be corrected.
>
> b\. For the purposes of offer verification/evaluation, the Government
> will proceed on the assumption that the offeror intends its offer to
> be verified/evaluated on the basis of the unit prices, extensions, and
> totals arrived at by resolution of arithmetic discrepancies as
> provided above and the offer will be so reflected on the schedule that
> is awarded.
>
> c\. It shall be the responsibility of each offeror to promptly check
> its own figures and advise the Contracting Officer of any instance
> where its offer as thus corrected, does not represent his intentions.
>
> d\. Arithmetic discrepancies resolved in accordance with this
> paragraph will not be subject to the provisions of 48 CFR, Sec.
> 14-406.