SPEBEC-14-D-0002

SCHEDULE OF ITEMS

# Description of Item

Make/Model
Number

‘Skid Sprayer, $0 gallon with 9gpm diaphragm pump
‘and 6hp gas engino

|Skid Sprayer, SO gallon with 11gpm diaphragm pump
and 6hp gas engine

| Skid Sprayer, 100 gallon with Sgpm diaphragm pump
and 6hp gas engine

Skid Sprayer, 100 gallon with 11pm diaphragm
bump and 6hp gas engine

‘Skid Sprayer, 100 gallon with 11gpm_ diaphragm
pump and 6hp gas engine

‘Skid Sprayer, 160 gallon with 20gpm diaphragm
ump and hp gas engine

Skid Sprayer, 160 gallon with 11gpm diaphragm
bump and 6hp gas engine

Skid Sprayer, 160 gallon with 20gpm diaphragm
pump and 6hp gas engine

‘Sprayer, 50 gallon 3 Point Tractor Mount with 8gom
Roller Pump, Spray Hose & Wand, 10' SS
Breakaway Spray Boom with Manual 3 Section
Control Valves

Sprayer, 100 gallon 3 Point Tractor Mount with &gpm
Roller Pump, Spray Hose & Wand, 10' SS.
Breakaway Spray Boom with Manual 3 Section
Control Valves:

SPT100C

Sprayer, 150 gallon 3 Point Tractor Mount with &gpm|
Roller Pump, Spray Hose & Wand, 10° SS
Breakaway Spray Boom with Manual 3 Section
Control Valves

Sprayer, $0 gallon 3 Point Tractor Mount with 1 1gom|
diaphragm pump-No Boom or Controls

Sprayer, 100 gallon 3 Point Tractor Mount with
11gpm diaphragm pump-No Boom or Controls

‘Sprayer, 150 galion 3 Point Tractor Mount with
11igpm diaphragm pump-No Boom or Controls

|Skid Sprayer, 100 gallon with 9gpm diaphragm pump]
and 6hp gas engine-No Boom or Controls

100-SKEM

140715


SPE8EC-14-D-0002 Page 5 of 15

ADDENDUM TO FAR 52.212-4

The clauses listed below are incorporated by reference with the same force and
effect as if they were given in full text

FAR 52.204-7 — System for Award Management (JUL 2013)
FAR 52.204-13 — System for Award Management Maintenance (JUL 2013)
DFARS 252.204-7004 - Alternate A, System for Award Management (May 2013)

The following Federal Acquisition Regulation (FAR) clauses are included in the
contract by reference to implement provisions of law or Executive orders applicable to
acquisitions of commercial items or components:

FAR 52.203-3, Gratuities (APR 1984) (10 U. S. C. 2207).

The following DFARS clauses are included in this contract by reference to implement
provisions of law or Executive orders applicable to acquisitions of commercial items

or components:

DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD
Officials (Sep 2011)(Section 847 of Pub. L. 110-81)
DFARS 252. 203-7003, Agency Office of the Inspector General (Dec 2012)
(Section 6101 of Pub.L. 110-252, 41 U.S.C. 3509 note)
DFARS 252.205-7000, Provision of Information to Cooperative Agreement
Holders (Dec 1991) (10 U.S.C. 2416)
DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts)
(Aug 2012) (15 U.S.C. 637)
DFARS 252.225-7021, Trade Agreements (Dec 2012) (19 U.S.C. 2501-2518
and 19 U.S.C. 3301 note)

(ii) ___ Alternate | (Oct 2011) of 252.225-7021

(ili) ___ Alternate Il (Oct 2011) of 252.225-7021
DFARS 252.225-7028, Exclusionary Policies and Practices of Foreign
Governments (Apr 2003) (22 U.S.C. 2755).
DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns (Sep 2004)
(Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD
appropriations acts).
DFARS 252.227-7015, Technical Data -- Commercial Items (May 2013)(10

U.S.C. 2320).
DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data
(June 2012), if applicable (see 227.7102-4(c)
DFARS 252.232-7003, Electronic Submission of Payment Requests (Mar
2008)(10 U.S.C. 2227)
DFARS 252.243-7002, Requests for Equitable Adjustment (Dec 2012)(10
U.S.C. 2410).
DFARS 252.247-7023, Transportation of Supplies by Sea (May 2002)(10
U.S.C.2631).
(ii) ___ Alternate | (Mar 2000) of 252.247-7023.
(iii) ___ Alternate I! (Mar 2000) of 252,.247-7023.



SPE8EC-14-D-0002 Page 10 of 15

Business (WOSB) Concerns Eligible Under the WOSB Program
(JUL 2013)

X__ (26) 52.222-3, Convict Labor (JUNE 2003) (E.0. 11755).

X__ (27) 52.222-19, Child Labor - Cooperation with Authorities and
Remedies (MAR 2012) (E.O. 13126).

X___ (28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

X__ (29) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

X_ (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38
U.S.C. 4212).

~X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT
2010) (29 U.S.C. 793).
X__ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38
U.S.C. 4212).

-X__ (33) 52.222-40. Notification of Employee Rights Under the National
Labor Relations Act (DEC 2010) (E.O. 13496)

— (34) 52.222-54, Employment Eligibility Verification (JUL 2012)
(Executive Order 12989) (Not applicable to the acquisition of
commercially available off-the-shelf items or certain other types of
commercial items as prescribed in 22.1803.)

___. (35)(i) 52.223-9, Estimate of Percentage of Recovered Material
Content for EPA-Designated Products (MAY 2008) (42 U.S.C.
6962(c)(3)(A)(ii)).

__ (ii) Alternate | (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C))

—. (36) 52.223-15, Energy Efficiency in Energy-Consuming Products

(DEC 2007) (42 U.S.C. 8259b)

_ (87) (i) 52.223-16, IEEE 1680 Standard for the Environmental
Assessment of Personal Computer Products (DEC 2007) (E.O.
13423)

(ii) Alternate | (DEC 2007) of 52.223-16
X__ (38) 52.223-18, Encouraging Contractor Policies to Ban Text
Messaging While Driving AUG 2011)(E.O. 13513)

[Paragraphs (39) - (41) are not applicable to DoD contracts and have been
deleted. ]

X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE
2008) (E.0.s., proclamations, and statutes administered by the Office
of Foreign Assets Control of the Department of the Treasury).
—~ (43) 52.226-26, Contractors Performing Private Security Functions
Outside the United States (JUL 2013) (Section 862, as amended, of
the National Defense Authorization Act for FY 2008;10 U.S.C. 2302
Note)
____ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside
(NOV 2007) (42 U.S.C. 5150)
_____ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or
Emergency Area (NOV 2007) (42 U.S.C. 5150)
___ (46) 52.232-29, Terms for Financing of Purchases of Commercial
Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f).



SPE8EC-14-D-0002 Page 7 of 15

[] (2) Packaging, Packing and Marking inspection (if other than c(1) above) will
be made at the following location:

ITEM PLANT NAME AND ADDRESS GOVERNMENT INSPECTION OFFICE

[] (8) At destination

(d) Place of Acceptance:

[X] (1) At the plant shown and by the Government Inspection Office shown in
c(1) above.

[ ](2) At the plant shown and by the Government Inspection Office shown in
¢(2) above.

[] (8) At destination by the receiving authority.

(e) APPLICABLE TO F.O.B. ORIGIN SHIPMENTS ON GOVERNMENT BILL
OF LADING AWARDS ONLY. Shipment will be made from the contractor's or
subcontractor plant(s) identified below. These shipping points were used in the
evaluation of contractor's F.O.B. Origin offer. If the contractor ships from a place
other than as identified herein, any increase in transportation costs shall be
borne by the contractor and any savings shall revert to the Government.

[] (1) Same as shown in a(1) above.

[] (2) As shown below:

NOTE: Any change to the above Place of Performance, Inspection and
Acceptance must be approved in writing by the Contracting Officer.

The contractor's commercial warranty including the clarifications and revisions
listed below is acceptable to DLA Troop Support and is hereby incorporated into
the contract:



SPE8EC-14-D-0002 Page 6 of 15

(iv) ___Alternate Ill (May 2002) of 252.247-7023.
DFARS 252.247-7024, Notification of Transportation of Supplies by Sea
(MAR 2000) (10 U.S.C. 2631)

TIME OF DELIVERY - F.O.B. POINT

(a) Time of Delivery
With respect to each delivery order issued under this contract, the contractor
shall make delivery within the number of days specified on pages 14 & 15 of this
contract for the applicable line item after the date of order, unless the contractor
agrees to a different delivery requirement for a particular delivery order.

(b) F.O.B. Point
[ ] With respect to all contract line items this contract is awarded on the basis of

delivery F.O.B. Origin.
[X] With respect to all contract line items this contract is awarded on the basis of
delivery F.0.B. Destination.

PLACE OF PERFORMANCE GOVERNMENT INSPECTION ACCEPTANCE
AND SHIPPING POINT

(a) Place of Performance:

[X] (1) Items will be manufactured at the following location:

ITEM PLANT NAME AND ADDRESS
ALL

[] (2) Items will be furnished from stock.
follows:

(b) Place of Packaging, Packing and Marking:
[X] (1) Same as shown in a(1) above.
[] (2) As shown below: in c(1)

(c) Place of Government Inspection:

[X] (1) Material inspection, except as may be indicated in c(2), will be made at
the following locations:

ITEM PLANT NAME AND GOVERNMENT
ADDRESS INSPECTION OFFICE

DCMA LATHROP, CA
S0507A

ALL



SPE8EC-14-D-0002 Page 9 of 15

X___(10) 52.219-4, Notice of Price Evaluation Preference for HUBZone
Smail Business Concerns (JAN 2011) (if the offeror elects to waive
the preference, it shall so indicate in its offer) (15 U.S.C. 657a)

___ (11) [Reserved]
___ (12) (i) 52.219-6, Notice of Total Small Business Set-Aside NOV
2011) (15U.S.C.644).
(ii) Alternate | (NOV 2011)
—— (iil) Alternate I! (NOV 2011)
__ (18) (i) 52.219-7, Notice of Partial Smail Business Set-Aside (JUNE
2003) (15 U.S.C. 644).
(ii) Alternate | (OCT 1995) of 52.219-7
_ (iil) Alternate Il (MAR 2004) of 52.219-7.
X__ (14) 52.219-8, Utilization of Small Business Concerns (JUL 2013)
(15 U.S.C. 637(d)(2) and (3)).
X_ (15) (i) 52.219-9, Small Business Subcontracting Plan (JUL 2013)
(15 U.S.C. 637 (d)(4)). [Add Alternate | when using Sealed
Bidding procedures. Add Alternate Il when subcontracting plans
are required at time of initial proposal;generally, this Alternate
should be included.
Add Alternate III for actions not reported in FPDS.]
____ (ii) Alternate | (OCT 2001) of 52.219-9.
xX (ili) Alternate Il (OCT 2001) of 52.219-9.
_— __{iv) Alternate Ill (JULY 2010) of 52.219-9.
___ (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C.
644(r))

___ (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15
U.S.C. 637(a)(14)).
X__ (18) 52.219-16, Liquidated Damages - Subcontracting Plan (JAN
1999) (15 U.S.C. 637(d)(4)(F)(i)).

[Paragraph 19 is not applicable to DoD contracts and has been deleted.
Paragraphs 20 and 21 are not applicable to DoD contracts at this time.]

___ (20) 52.219-25, Small Disadvantaged Business Participation
Program — Disadvantaged Status and Reporting (JUL 2013) (Pub.
L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (21) 52.219-26, Small Disadvantaged Business Participation Program
— Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section
7102, and 10 U.S.C. 2323).
__. (22) 52.219-27, Notice of Total Service-Disabled Veteran-Owned
Small Business Set-Aside (NOV 2011) (15 U.S.C. 657 f)
X__ (23) 52.219-28, Post Award Small Business Program
Representation (JUL 2013) (15 U.S.C. 632(a)(2)).
____ (24) 52.219-29, Notice of Total Set-Aside for Economically
Disadvantaged Women-Owned Small Business (EDWOSB) Concerns
(JUL 2013)
____ (25) 52.219-30, Notice of Total Set-Aside for Women-Owned Small



avITATION/ICONTRACTIORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF
¥FFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1011047009037 46
2. CONTRAGT NO. 3. AWARDIEFFECTIVE [4, ORDER NUMBER 6. SOLICITATION NUMBER 6. SOLICITATION ISSUE
OATE DATE

SPESEC-14-D-0002 Tt SPM8EC-11-R-0008 08/04/2014

4, NAME b. TELEPHONE NUMBER (Wo collect! 16, OFFER DUE DATE?
7. FOR SOLICITATION > os) LOCAL TIME
INFORMATION CALL: .

Arla Gessner 216-737-7252 09/46/2014
9. ISSUED BY coor [SPESEC to THiSAcauIsmoNIS Exjunrestrioteo or [_Jsar sing: %FOR:
DLA TROOP SUPPORT [] svat eusivess 7 HOMENOWNED SMALL BUSINESS

CONSTRUCTION & EQUIPMENT (SUPPLY CHAIN)

(Cross) eticiate unokr THe WOMEN-OWNED
[7] Huazone sMaLL SMALL BUSINESS PROGRAM jatcs:

700 ROBBINS AVENUE pee jEDWosB 393114
PHILADELPHIA, PA 19111-5096 Bieler arent) | SIZE STANDARD:
arla.gessner@dla,mil SMALL BUSINESS —_[]8 (A) 760
11. DELIVERY FOR FOB DESTINA- | 12. DISCOUNT: TERMS: 130, RATING

TION UNLESS BLOCK IS ‘30, THI CoNTRAOTISA | To Be Shown On Each Order
MARKED RATED ORDER UNDER
: DPAS(ISCFR 700) |14- METHOD OF SOLICITATION :
Osee screoue Orra iva REP
15, DELIVER TO. CODE 16, ADMINISTERED BY * cope [SO507A
TO BE SHOWN ON EACH ORDER DCMA LATHROP, P.O. BOX 232, 700 EAST ROTH ROAD,
BLDG. 330, FRENCH CAMP, CA 95231-0282
17a, CONTRACTOR cone ]4UXF3 | GUY: I 168, PAYMENT WILL BE MADE BY cove [SL4701
Spraying Devices Incorporated DFAS BVD (8.4701)

447 East Caldwell Avenue
Visalla, CA 93277

TELEPHONE NO. 569-734-5565:

P.O, BOX 369034
COLUMBUS, OH 43236-9031

$b, CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS Ii

{5- SUBHIT INVOICES TO ADDRESS SHOWN IN BLOCK Ta UNLESS BLOG

OFFER SEE PAGE 4

BELOWISCHECKEO [7 see ADDENDUM

19, 20,
NEMNO. ‘SCHEDULE OF SUPPLIESISERVICES:

21, 22, 23, 24,
QuANniTY| UNIT | UNITPRICE AMOUNT

SEE PAGES 14-15

{Use Reverse endioe Aifach Addilone! Shosts 68 Necessary)

5. ACCOUNTING AND APPROPRIATION DATA
0 BE SHOWN ON EACH ORDER

28, TOTAL AWARD AMOUNT (For Gov, Uso. Only)
87,600,000 ESTIMATE

_] 270. SOLICITATION WiCORPORATES BY REFERENCE FAR 622124, 622124, FAA 62.2129 ANO 62.2125 ARE ATTACHED, ADDENDA (Jane [Jarenorarracten

{] 27». CONTRACTIPURGHASE ORDER INCORPORATES BY REFERENCE FAR 622124, FAR 62.2125 18 ATTACHED, ADDENDA

Exare [Jane nor arracneo

:] 28, CONTRAGTOR IS REQUIRED TO SIGN THIS DOCUMENT ANO RETURN 7 29, AWARO OF CONTRAOY: REF. Spraying Devicas'orrer

COPIES TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND.

‘ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

oATEO _ 09/08/2041 _. your OFFER ON SOLICITATION
(BLOCK 6), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ET FORTH HEREIN, 1S ACCEPTED AS TO NEMS; ‘AGRIC EQUIP

2. UNITED STATES OF AMERICA (SIGNATURE OF GONTRAOTING OFFICER)

9. SIGNATURE OF | brome [OR ExT
». NAME AND THLE OF SIGNER {Type or prin) j300, DATE SIGNED [31
W).S- DENNET

Ib, NAME OF | OFFICER (Type or prin)

. 310, DATE SIGNED
PRESIOENT (CAL ID |rous COOKER fi
MOUSEDMON BOSH STANDARD FORM 1449 fot hufaaus 2)

Presctibed by GSA - FAR (48 CFR) 63.212



SPE8EC-14-D-0002 Page 12 of 15

(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)(1) 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 in this paragraph (e)(1) in a subcontract for commercial items.
Unless otherwise indicated below, the extent of the flow down shall be as
required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010)
(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note))

(ii) 52.219-8, Utilization of Small Business Concerns (JUL 2013 )(15 U.S.C.
637(d)(2) and (3)), in all subcontracts that offer further subcontracting
opportunities. If the subcontractor (except subcontracts to small business
concerns) exceeds $650,000 ($1,500,000 for construction of any public
facility), the subcontractor must include 52.219-8 in lower tier subcontracts
that offer subcontracting opportunities.

(iii), 52.211-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.

13495). Flowdown required in accordance with Paragraph (1) of FAR 52.222-17.

(iv) 52.222-26, Equal Opportunity (MAR 2007)(E.O. 11246);

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212);

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT
2010)(29U.S.C.793);

(vii) 52.222-40, Notification of Employee Rights Under the National Labor

Relations Act (DEC 2010) (E.O. 13496). Flowdown required in
accordance with Paragraph (f) of FAR 52.222-40.

(viii), 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351,et

seq.)

(ix) 52.222-50, Combatting Trafficking in Persons (FEB 2009) (22 U.S.C.
7104(g).

___ Alternate | (AUG 2007) of 52.222-50 (22 U.S.C 7104 (g))

(x) 52.222-51, Exemption from Application of the Service Contract Act to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment —
Requirements (NOV 2007) (41 U.S.C.351, et.seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to



SPE8EC-14-D-0002 Page 11 of 15

___ (47) 52.232-30, Installment Payments for Commercial Items (OCT
1995) (41 U.S.C. 255(f), 10 U.S.C, 2307(f).
X_ (48)52.232-33, Payment by Electronic Funds Transfer — System for
Award Management (JUL 2013) (31 U.S.C. 3332).
___ (49) 52.232-34, Payment by Electronic Funds Transfer — Other than
System for Award Management (JUL 2013) (31 U.S.C. 3332.)
___ (50) 52.232-36, Payment by Third Party (JUL 2013)(31 U.S.C. 3332.)
____ (81) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5
U.S.C, 552a)

[Paragraph (52) is not applicable to DoD contracts and has been deleted. ]

(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:

___ (1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C.
351, et seq.).
____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires
(MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (8) 52.222-43, Fair Labor Standards Act and Service Contract Act —
Price Adjustment (Multiple Year and Option Contracts) (SEP 2009)
(29 U.S.C. 206 and 41 U.S.C. 351,ef seq.).

____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act —
Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et

seq.).

___. (8) 52.222-51, Exemption from Application of the Service Contract Act
to Contracts for Maintenance, Calibration, or Repair of Certain
Equipment - Requirements (NOV 2007) (41 U.S.C. 351, ef. seq.).

____ (6) 52.222-53, Exemption from Application of the Service Contract
Act to Contracts for Certain Services - Requirements (FEB 2009)
(41 U.S.C. 351, et. seq.)

____ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013)(E.O.
13495)

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit

Organizations (MAR 2009) (Pub. L. 110-247)

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEPT 2008) (31
U.S.C. 5112 (p)(1))

(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.



SPE8EC-14-D-0002 Page 8 of 15

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS ~ COMMERCIAL ITEMS
(SEPT 2013)

(a) The Contractor shall comply with the following Federal Acquisition
Regulation (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) 52.222-50, Combatting Trafficking in Persons (FEB 2009) (22 U.S.C.

7104(g))

____ Alternate | (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g))

(2) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)

(Pub. L., 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b)
that 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:

[Contracting Officer shall check as appropriate.]

X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the
Government (SEP 2006), with Alternate | (Oct 1995) (41 U.S.C.
258g and 10 U.S.C. 2402).

X___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct
(APR 2010) (Pub.L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251
note))

____ (8) 52,203-15, Whistleblower Protections under the American
Recovery and Reinvestment Act of 2009 (JUNE 2010) (Section
1553 of Pub. L. 111-5). (Applies to contracts funded by the
American Recovery and Reinvestment Act of 2009.)

X__ (4) 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards (JUL 2013) (Pub L. 109-282) (31 U.S.C. 6101
note).
___ (5) 52.204-11, American Recovery and Reinvestment Act - Reporting
Requirements (JUL 2010) (Pub. L. 111-5). Applies to contracts
funded under the Act.
X_(6) 52.209-6, Protecting the Government's Interest When
Subcontracting with Contractors Debarred, Suspended, or
Proposed for Debarment (Aug 2013) (31U.S.C. 6101 note).
X__ (7) 52.209-9, Updates of Publicly Available Information Regarding
Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

X___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic
Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-
74, section 740 of Division C of Pub. L. 111-117, section 743 of
Division D of Pub. L. 111-8, and section 745 of Division D of Pub.L.
110-61)

___ (9) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source
Award (NOV 2011) (15 U.S.C. 657a).



SPE8EC-14-D-0002 Page 4 of 15

(b) Maximum Order: The Contractor is not obligated to honor -

(1) Any order for asingle item is excess of $100,000,000.00
(2) Any order for a combination of items in excess of $100,000,000.00; or

(3) A series of orders from the same ordering office within five (5) days that
together call for quantities exceeding the limitations in subparagraph (b)(1) or
(b)(2) of this section.

(c)The Government is not required to order a part of any one
requirement from the Contractor if that requirement exceeds the maximum
order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall
honor any order exceeding the maximum order limitations in paragraph (b),
unless that order (or orders) is returned to the ordering office within thirty (30)
days after issuance, with written notice stating the Contractor’s intent not to
ship the item (or items) called for and the reasons. Upon receiving this notice,
the Government may acquire the supplies or services from another source.

4) CONTRACT UNIT PRICES

(a)The product base list unit prices set forth in the contractor's proposal dated
09/08/2011 and the final proposal discounts dated 07/15/2013 are applicable to
the items specified in this contract and are shown on pages 14 & 15 of this
contract.

(b) Additions to the above items. The unit prices and initial delivery schedules for
any item(s) added to the initial list of contract items shall be established based on
negotiations between the Government and the Contractor. The unit prices must
be determined fair and reasonable by the Contracting Officer prior to addition to
the contract.

5) PAYMENT

a. Terms. Payment terms ar
b. Prompt Payment Procedures apply.

c. Remittance Address: The Contractor's remittance address
js as follows:
Spraying Devices Incorporated
PO Box 3107
Visalia, CA 93278-3107

6) CONTRACT ADMINISTRATION: Administration of the contract is the

responsibility of the Defense Contract Management Agency (DCMA) Lathrop,
A.



SPE8EC-13-D-0008

SCHEDULE OF ITEMS.

Delivery

% of
Dise

[2% of DISC.

Government

(1) Qty] Government
Item # ove Base List Price Lect mts! | ‘Discounted Discounted
anarth [anniooe Price 1-4 EA Price S+ EA
‘Skid Sprayer, 100 gallon with 11gpm diaphragm
16 pump and 6hp gas engine-No Boom or Controls. 100-11K6M
Skid Sprayer, 200 gallon with 11gpm diaphragm
17_| pump and éhp engine - No Boom or Controls _| 200-11K6M
‘Skid Sprayer, 200 gallon with 20gpm diaphragm
18 | _pump and 6ho engine- No Boom or Controls _| 200-20K6M
‘Skid Sprayer, 300 gallon with 11gpm diaphragm
pump and 6hp engine - No Soom or Controls For | VM300-
19 3/4 ton or larger pickup truck 11K6M
Skid Sprayer, 300 gallon with 20gom diaphragm
20_| pump and Shp engine - No Boom or Controls __| 300-20KeN}
‘Skid Sprayer, 300 gallon with 26gpm diaphragm
pump and 18hp Electric Start engine -No Boom or | 300+
at Controls 26kE1EM|
‘Skid Sprayer, S00 gallon with 20gpm diaphragm
22 ump and 8hp engine-No Boom or Controls _| 00-208}
‘Skid Sprayer, 500 gallon with 26gpm diaphragm
pump and 18hp Electric Start engine-No Boom or | 500+
23 Controls 26KEt2M|
‘Skid Sprayer, 600 gallon with 20gpm diaphragm
24 ump and 8h engine-No Boom or Controls _| 600-20K@N
‘Skid Sprayer, 600 gallon with 26gom diaphragm
pump and 18hp Electric Start engine-No Boom or | 600+
25 Controls 2eKeten|

Sof 1s


SPE8EC-14-D-0002 Page 3 of 15

g. CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (DEC 2010)

FAR Part 3.1002(a) requires all government contractors to conduct themselves
with the highest degree of integrity and honesty. Contractors should have a
written code of business ethics and conduct. To promote compliance with such
code of business ethics and conduct, contractors should have an employee
business ethics and compliance training program that facilitates timely discovery
and disclosure of improper conduct in connection with government contracts and
ensures corrective measures are promptly instituted and carried out.

A contractor may be suspended and/or debarred for knowing failure by a
principal to timely disclose to the government, in connection with the award,
performance, or closeout of a government contract performed by the contractor
or a subcontract awarded there under, credible evidence of a violation of federal
criminal law involving fraud, conflict of interest, bribery, or gratuity violations
found in title 18 of the United States Code or a violation of the False Claims Act.
(31 U.S.C, 3729-3733)

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR
CODE OF BUSINESS ETHICS AND CONDUCT; contained elsewhere in the
solicitation or contract, the contractor shall comply with the terms of the clause
and have a written code of business ethics and.conduct; exercise due diligence
to prevent and detect criminal conduct; promote ethical conduct and a
commitment to compliance with the law within their organization; and timely
report any violations of federal criminal law involving fraud, conflict of interest,
bribery or gratuity violations found in title 18 of the United States Code or any
violations of the False Claims Act. (31 U.S.C. 3729-3733)

Note: FAR clause 52.203-13 — Contractor Code of Business Ethics and Conduct
is incorporated by reference on page 8 of this contract.

2) CONTRACT PERIOD

Any supplies to be furnished under this contract shall be ordered by issuance of
delivery orders by DLA Troop Support. The ordering period shall commence on

the date of award/contract and shall continue for five (5) calendar years after the
effective date of the award/contract.

The “Total Award Amount” listed in block twenty six (26) on page one (1) of this
contract ($87,500,000.00) is the estimated value of the five (5) year contract and
represents the combined estimated 5 year value of all the Agricultural Equipment
contracts to be awarded under SPM8EC-11-R-0008, not this contract alone. The
maximum dollar value that may be obligated against the contract throughout the
five (5) year contract period is $187,500,000.00.

3) DELIVERY ORDER LIMITATIONS

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



SPE8EC-14-D-0002 Page 2 of 15

Spraying Devices Incorporated
1) CONTRACT AWARD

a. This contract constitutes the Government's acceptance of the Contractor's
offer, including all revisions that were approved and accepted by the
Government, under Request for Proposal (RFP) SPM8EC-11-R-0008, as
amended by Amendments 0001, 0002, and 0003. It is an Indefinite
Delivery/Requirements Contract under which the Contractor shall function as a
supplier for Agricultural Equipment.

b. Performance under this contract shall be governed by the Statement of Work
(SOW) and terms and conditions of RFP SPM8EC-11-R-0008, as amended, and,
the following terms and conditions negotiated prior to award that were acceptable
to both the Contractor and the Government.

c. The overseas preservation/packaging and additional commercial manual set
pricing elements included in the solicitation are both hereby deleted from the
basic contract. in the event that these requirements are applicable to a particular
Request for Quotations (RFQs), they will be considered and competed upon the
issuance of RFQs.

The contractor was advised via e-mail on 06/12/2013 and 06/26/2013 of the

change.

d. The following clauses that were included in the solicitation, FAR 52.204-7
Central Contractor Registration (April 2008) and DFARS 252.204-7004, Alternate
A, Central Contractor Registration (September 2007) have been updated to July
2013 and May 2013 respectively. The updated versions of these clauses apply
to this contract and are incorporated by reference on page 5. FAR 52,204-13,
System for Award Management Maintenance (July 2013) is hereby incorporated
into the contract by reference on page 5.

e. The product base list unit prices set forth in the contractor's proposal dated
09/08/2011 and the final proposal discounts dated 07/15/2013 are applicable to
the items specified in this contract and are shown on pages 14 & 15 of this
contract.

The attachments/optional features (options) and volume discounts for all items
are also shown on pages 14 & 15 of this contract.

The proposed product base list unit prices are from Spraying Devices
Commercial Price List.

f. DFARS 252.212-7001, Contract Terms and Conditions Required to Implement
Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial
Items which was included in solicitation SPM8EC-1 1-R-0008 has been deleted.
However, the applicable contract clauses previously contained within this clause
are incorporated by reference in the Addendum to FAR 52.212-4 on pages 5 and
6 of this award document.



SPE8EC-14-D-0002 Page 13 of 15

Contracts for Certain Services - Requirements (FEB 2009) (41 U.S.C.
351, et. seq.)

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012)

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the
United States (JUL 2013) (Section 862, as amended, of the National Defense
Authorization Act for FY2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donations to Nonprofit Organizations
(MAR 2009) (Pub. L. 110-247). Flow down required in accordance with
Paragraph (e) of FAR 52.226-6.

[Paragraph (xv) is not applicable to DoD contracts and has been deleted.]
(2) While not required, the contractor may include in its subcontracts for commercial
items a minimal number of additional clauses necessary to satisfy its contractual
obligations.
[If the acquisition uses American Recovery and Reinvestment Act funds, ALT II
(OCT 2010) of FAR 52.212-5 applies.]